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How to calculate days for PRTD application? 

odco
odco
Posts: 1


Posted On: 1/6/2020
odco
odco
Posts: 1
Hi all,

I have a question about how to calculate the "Total number of days" on the application for a PRTD (IMM 5524 - Q16).

I am a PR, currently living abroad with my Canadian spouse. My spouse got employment abroad and we have been living outside of Canada for about 5 years now and are planning a short trip back to Canada soon. I will be applying for a PRTD since my PR card is expired, and I understand that days spent abroad accompanying a Canadian spouse count towards maintaining residence, but what's unclear to me is if this means only days where both myself and my spouse where physically in the same place?

For example, in 2019, both myself and my spouse took solo trips out of the country we're currently living in (independently, for work/family reasons). Should I be subtracting those days from the calculation for "Total number of days" or can I put 365 days for 2019 because we're both ordinarily residing in the same country? Similarly, can I count days we've been travelling to a third country (e.g. holiday) together?

I'm a bit confused as how to lay down all the information on the form...

Any and all help much appreciated!

Cheers,

O.
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engraheel
engraheel
Posts: 1


Posted On: 1/10/2020
engraheel
engraheel
Posts: 1
hi
I m living in Dubai my spouse apply PR and now I have to apply PRTD in dubai, I have to submit my application and passport in VAC on 22nd Jan.
my Question is this
how long they will take, after how many days they will return my passport ?
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Moderator
Moderator
Moderator
Posts: 3355


Posted On: 2/27/2020
Moderator
Moderator
Moderator
Posts: 3355
odco wrote:
Hi all,

I have a question about how to calculate the "Total number of days" on the application for a PRTD (IMM 5524 - Q16).

I am a PR, currently living abroad with my Canadian spouse. My spouse got employment abroad and we have been living outside of Canada for about 5 years now and are planning a short trip back to Canada soon. I will be applying for a PRTD since my PR card is expired, and I understand that days spent abroad accompanying a Canadian spouse count towards maintaining residence, but what's unclear to me is if this means only days where both myself and my spouse where physically in the same place?

For example, in 2019, both myself and my spouse took solo trips out of the country we're currently living in (independently, for work/family reasons). Should I be subtracting those days from the calculation for "Total number of days" or can I put 365 days for 2019 because we're both ordinarily residing in the same country? Similarly, can I count days we've been travelling to a third country (e.g. holiday) together?

I'm a bit confused as how to lay down all the information on the form...

Any and all help much appreciated!

Cheers,

O.




Hello,
Thank you for sharing your situation and question with us. We can appreciate your curiosity about your particular situation. We have received some information from one of our legal researchers. We hope you find their information useful:
[...]“We are not aware of a written rule on this issue. However, in general, you should be able to count the days when one spouse travels to another country temporarily, provided both partners ordinarily reside together (i.e., you live together as a family for the most part). We reach this conclusion by taking a “fair, large and liberal construction and interpretation” on the rules and case law. They suggest that there are flexibilities in the meaning of “ordinarily residing” and that “couples do not have to be physically present together all of the time.”
However, we cannot guarantee if this is how your visa office would calculate your days. In any event, this should not be an issue assuming you and your spouse have been “ordinarily residing” with each other since you should satisfy the residency obligation even without counting these short solo trips.” [...]
Please keep in mind this is only legal information, it is not legal advice. If you want or need legal advice you will need to contact a reputable lawyer or the nearest Community Legal Clinic regarding your situation.

You may want to contact the IRCC Call Centre with their web form.

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.

=====
Theresa
Settlement.Org Team,
Certified Community Resource Specialist (CCRS)
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