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ForumUser Posts: 541
Posted On: 11/22/2016
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I am Canadian and work with the UN overseas.
Does my spouse need to still be in Canada to maintain permanent residency or can he be outside living with me and count continues to keep the status and towards citizenship? (ie. is this only for those working for Canadian Government?)
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Moderator Moderator Posts: 4145
Posted On: 11/24/2016
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Hello,
Thank you for sharing your question with us.
You can find some detailed information in the Immigration, Refugees and Citizenship Canada Operational Manual ENF 23 - Loss of Permanent Resident Status.
According to the Operational Manual ENF 23 - Loss of Permanent Resident Status,
7.5. Accompanying a Canadian citizen outside Canada
R61(4) provides that each day a permanent resident is outside Canada accompanying (that is,ordinarily residing with) a Canadian citizen constitutes a day of physical presence in Canada,provided that the Canadian citizen they are accompanying is a spouse or common-law partner or parent. In the case of a permanent resident outside Canada accompanying a Canadian citizen, it is not necessary to determine who is accompanying whom, nor is it necessary to determine for what purpose. In other words, under A28(2)(a)(ii) and R61(4), as long as a permanent resident is accompanying a Canadian citizen, the intent and purpose of their absences are not relevant as the residency obligation is met.
So from the situation described, each day a permanent resident is accompanying a Canadian citizen spouse or common-law partner outside Canada, constitutes a day of physical presence in Canada for their permanent residence requirement. It is interesting to note that it also states,
In the case of a permanent resident outside Canada accompanying a Canadian citizen, it is not necessary to determine who is accompanying whom, nor is it necessary to determine for what purpose.
In other words, under A28(2)(a)(ii) and R61(4), as long as a permanent resident is accompanying a Canadian citizen, the intent and purpose of their absences are not relevant as the residency obligation is met. (Italics and Bold ours)
You can find some additional information in the Immigration, Refugees and Citizenship Canada -How long must I stay in Canada to keep my permanent resident status? FAQ. Here is an excerpt,
Residency Requirement
To maintain their status as a permanent resident, you must live in Canada for at least two years within a five-year period. During this time you must be here physically.The two years may not need to be continuous.
An officer can confirm if your time in Canada counts when you:
- re-enter Canada, or
- apply for a permanent resident card.
Time spent outside Canada may also count towards the two years if you are:
- travelling with your spouse or partner who is a Canadian citizen,
- a child travelling with his or her father or mother who is a Canadian citizen,
- an employee of (or under contract to) a Canadian business.
It may also count if you are:
travelling with your spouse or partner who is a permanent resident and works full-time for:
- a Canadian business, or
- the public service of Canada or a province,
In terms of counting the time outside to meet Canadian citizenship residency requirements, you can find some information on the Immigration, Refugees and Citizenship Canada (IRCC) website in the Can I count any time I’ve spent outside of Canada toward the physical presence requirement when applying for citizenship? section.
Here is an excerpt,
Can I count any time I’ve spent outside of Canada toward the physical presence requirement when applying for citizenship?
Time spent outside Canada does not count towards the physical presence requirement except in certain circumstances.
You can count time spent outside Canada toward the physical presence requirement for citizenship if you:
-Were a permanent resident employed in or with the Canadian Armed Forces, federal public administration, or public service of a province or territory; or
-Resided outside Canada with your:
-Canadian spouse or common-law partner, or
-permanent resident spouse, common-law partner, or parent
who was employed in or with the Canadian Armed Forces, federal public administration, or public service of a province or territory.
Employment as a locally engaged person is not included.
I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.
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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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hip2016 Posts: 1
Posted On: 8/8/2017
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Dear Anna
Thanks for your thorough response. According to your answer, under the following situation you mentioned:
"as long as a permanent resident is accompanying a Canadian citizen, the intent and purpose of their absences are not relevant as the residency obligation is met."
this would mean that if the Canadian citizen (spouse) is working outside of Canada due to employment overseas with the UN (which is not a Canadian business nor the Public Service of Canada), so long as the permanent resident is accompanying this spouse working for the UN abroad, these days outside of Canada would still count towards the permanent residency requirement right? Thanks to confirm.
It is confusing because later on, you mention that Immigration Canada says:
"travelling with your spouse or partner who is a permanent resident and works full-time for:
- a Canadian business, or
- the public service of Canada or a province"
This could also be interpreted as - accompanying a Canadian citizen spouse outside of Canada only counts towards your residency requirements IF that Canadian citizen spouse is only employed by either a Canadian business or public service of Canada. As working for the UN is neither of these, I was concerned 'accompanying a Canadian citizen spouse outside of Canada who works for the UN would not count towards the residency requirement'.
Thanks for any clarification you can provide!
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Moderator Moderator Posts: 4145
Posted On: 8/28/2017
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Hello,
Thank you for your additional question.
Please note that in reference to that specific circumstance, the section you are referring to states at the outset:
It may also count if you are:
travelling with your spouse or partner who is a permanent resident and works full-time for:
That specific circumstance applies to if the spouse working outside Canada is a permanent resident.
I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.
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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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Ms Hadid Posts: 1
Posted On: 6/2/2018
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Hello,
I'm in the same situation. I'm a Canadian Citizen working for the International Committee of the Red Cross. My husband who is a Permanent Resident is accompanying on my mission abroad.
I reviewed the calculation of physical presence in the Immigration and Refugee Act (2001), vis a vis the Canada Citizenship Act (1985) and found the following:
In the Immigration and Refugee Act (2001), the application of paragraph 28 (1) mentions that "(a) a permanent resident complies with the residency obligation with respect to a five-year period if, on each of a total of at least 730 days in that five-year period, they are:
(ii) outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent,
(iii) outside Canada employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province"
On the other hand, the Canada Citizenship Act (1985), mentions in Section 5 Grant of Citizenship, under the Period of physical presence — spouse or common-law partner of citizen the physical presence in Canada is calculation based on the following:
(1.01) Any day during which an applicant for citizenship resided with the applicant’s spouse or common-law partner who at the time was a Canadian citizen and was employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person, shall be treated as equivalent to one day of physical presence in Canada for the purposes of paragraphs (1)(c) and 11(1)(d).
In this case, for the purpose of counting the days towards the citizenship, which of the above provisions of law is applicable?
Moderator wrote:
Hello,
Thank you for your additional question.
Please note that in reference to that specific circumstance, the section you are referring to states at the outset:
It may also count if you are:
travelling with your spouse or partner who is a permanent resident and works full-time for:
That specific circumstance applies to if the spouse working outside Canada is a permanent resident.
I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.
=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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Canadian is A Canadian Posts: 1
Posted On: 6/23/2019
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Working with Canadian Arm Forces applies to permanent Resident spouse Not Canadian Citizen Spouse? Correct? if the spouse accompanied is a Canadian Citizen working locally, does the time counts?
Moderator wrote:
Hello,
Thank you for sharing your question with us.
You can find some detailed information in the Immigration, Refugees and Citizenship Canada Operational Manual ENF 23 - Loss of Permanent Resident Status.
According to the Operational Manual ENF 23 - Loss of Permanent Resident Status,
7.5. Accompanying a Canadian citizen outside Canada
R61(4) provides that each day a permanent resident is outside Canada accompanying (that is,ordinarily residing with) a Canadian citizen constitutes a day of physical presence in Canada,provided that the Canadian citizen they are accompanying is a spouse or common-law partner or parent. In the case of a permanent resident outside Canada accompanying a Canadian citizen, it is not necessary to determine who is accompanying whom, nor is it necessary to determine for what purpose. In other words, under A28(2)(a)(ii) and R61(4), as long as a permanent resident is accompanying a Canadian citizen, the intent and purpose of their absences are not relevant as the residency obligation is met.
So from the situation described, each day a permanent resident is accompanying a Canadian citizen spouse or common-law partner outside Canada, constitutes a day of physical presence in Canada for their permanent residence requirement. It is interesting to note that it also states,
In the case of a permanent resident outside Canada accompanying a Canadian citizen, it is not necessary to determine who is accompanying whom, nor is it necessary to determine for what purpose.
In other words, under A28(2)(a)(ii) and R61(4), as long as a permanent resident is accompanying a Canadian citizen, the intent and purpose of their absences are not relevant as the residency obligation is met. (Italics and Bold ours)
You can find some additional information in the Immigration, Refugees and Citizenship Canada -How long must I stay in Canada to keep my permanent resident status? FAQ. Here is an excerpt,
Residency Requirement
To maintain their status as a permanent resident, you must live in Canada for at least two years within a five-year period. During this time you must be here physically.The two years may not need to be continuous.
An officer can confirm if your time in Canada counts when you:
- re-enter Canada, or
- apply for a permanent resident card.
Time spent outside Canada may also count towards the two years if you are:
- travelling with your spouse or partner who is a Canadian citizen,
- a child travelling with his or her father or mother who is a Canadian citizen,
- an employee of (or under contract to) a Canadian business.
It may also count if you are:
travelling with your spouse or partner who is a permanent resident and works full-time for:
- a Canadian business, or
- the public service of Canada or a province,
In terms of counting the time outside to meet Canadian citizenship residency requirements, you can find some information on the Immigration, Refugees and Citizenship Canada (IRCC) website in the Can I count any time I’ve spent outside of Canada toward the physical presence requirement when applying for citizenship? section.
Here is an excerpt,
Can I count any time I’ve spent outside of Canada toward the physical presence requirement when applying for citizenship?
Time spent outside Canada does not count towards the physical presence requirement except in certain circumstances.
You can count time spent outside Canada toward the physical presence requirement for citizenship if you:
-Were a permanent resident employed in or with the Canadian Armed Forces, federal public administration, or public service of a province or territory; or
-Resided outside Canada with your:
-Canadian spouse or common-law partner, or
-permanent resident spouse, common-law partner, or parent
who was employed in or with the Canadian Armed Forces, federal public administration, or public service of a province or territory.
Employment as a locally engaged person is not included.
I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.
=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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