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ZF Posts: 6
Posted On: 5/11/2019
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Hi there,
I am a new member of the forum and found it very informative on various issues. I have a question regarding number of days that can be counted towards PR card renewal. The case is that I am a Permanent Resident and accompanied my one year old little daughter (Canadian born national) during abroad visit so will these days which i spent out of Canada with my daughter be counted in meeting my residency requirements? I was out of Canada with my daughter for consecutive one and half year due to family matters.
Your response would be highly appreciated.
Thanks.
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Moderator Moderator Posts: 4075
Posted On: 5/31/2019
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Hello,
Thank you for sharing your situation and question with us.
We can appreciate that you would be interested in this type of information.
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. Unfortunately, it does not apply to a Canadian citizen child accompanying you.
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, CRS, CRS-DC
Settlement.Org
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PMM Posts: 661
Posted On: 6/1/2019
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Hi
Moderator wrote:
Hello,
Thank you for sharing your situation and question with us.
We can appreciate that you would be interested in this type of information.
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. Unfortunately, it does not apply to a Canadian citizen child accompanying you.
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, CRS, CRS-DC
Settlement.Org
1. Please note it is accompanying a Canadian citizen spouse or common-law partner not a child.
2. You should also note that lately there has been a couple of appeals lost where a spouse received Permanent status, immediately returned to their home country and resumed their life there, accompanied by their Citizen spouse. The IAD determined that in these 2 cases it was Canadian citizen who was the one accompanying.
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ZF Posts: 6
Posted On: 6/4/2019
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Hi, thank you very much for the valuable information. Could you please refer some good immigration lawyers in GTA who don't charge hefty amounts for consultancy and are reasonably providing services.
Best Regards
PMM wrote:
Hi
Moderator wrote:
Hello,
Thank you for sharing your situation and question with us.
We can appreciate that you would be interested in this type of information.
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. Unfortunately, it does not apply to a Canadian citizen child accompanying you.
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, CRS, CRS-DC
Settlement.Org
1. Please note it is accompanying a Canadian citizen spouse or common-law partner not a child.
2. You should also note that lately there has been a couple of appeals lost where a spouse received Permanent status, immediately returned to their home country and resumed their life there, accompanied by their Citizen spouse. The IAD determined that in these 2 cases it was Canadian citizen who was the one accompanying.
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ZF Posts: 6
Posted On: 6/4/2019
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Hi, thank you very much for the valuable information. Could you please refer some good immigration lawyers in GTA who don't charge hefty amounts for consultancy and are reasonably providing services.
Best Regards
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link
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Moderator Moderator Posts: 4075
Posted On: 6/4/2019
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Hello,
Thank you for your additional response.
Unfortunately, we are unable to recommend any lawyers or consultants however, you may be able to find some helpful information in our Settlement.Org Should I get help with my immigration application from an immigration consultant or lawyer? article.
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, CRS, CRS-DC
Settlement.Org
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ZF Posts: 6
Posted On: 6/9/2019
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Hello Anna,
Thank you for your valuable inputs and forwarding details with requisite references. I would like to clarify one point regarding PR renewal. In my case the PR card is expiring in November 2019 but my eligibility for renewal i.e. 02 years in last 05 years would be completed in April 2020. The question is that i should apply for PR renewal once the requisite time is completed despite the expiry of my PR card ? Does the expiry of PR card make any issues except for outside country traveling which i am not.
Thanking You and with Best Regards.
Moderator wrote:
Hello,
Thank you for your additional response.
Unfortunately, we are unable to recommend any lawyers or consultants however, you may be able to find some helpful information in our Settlement.Org Should I get help with my immigration application from an immigration consultant or lawyer? article.
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, CRS, CRS-DC
Settlement.Org
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link
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ZF Posts: 6
Posted On: 6/9/2019
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Hello Anna,
Thank you for your valuable inputs and forwarding details with requisite references. I would like to clarify one point regarding PR renewal. In my case the PR card is expiring in November 2019 but my eligibility for renewal i.e. 02 years in last 05 years would be completed in April 2020. The question is that i should apply for PR renewal once the requisite time is completed despite the expiry of my PR card ? Does the expiry of PR card make any issues except for outside country traveling which i am not.
Thanking You and with Best Regards.
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