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Residency requirements, Government in Canada, Bringing child born overseas...
Permanent residency - time abroad with partner
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Dugmac Posts: 4
Posted On: 9/25/2022
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Hi there
I am a Canadian citizen currently living in the UK. Recently I was able to sponsor my British partner to obtain permanent residency status after successfully completing the landing process in Toronto. The intention was for us both to stay in Ontario but circumstances have changed due to family commitments which means we have had to return to the UK and will probably need to stay for a few years.
Re maintaining his PR status I understand the requirements are he needs to have been physically present in Canada for at least 730 days in a five year period to keep his PR status but time abroad can count provided "you TRAVEL with a spouse or common-law partner [i.e. me who is a canadian citizen]." https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1466&top=10
My question is is this requirement just supposed to be catering for a couple who go on the occasional overseas vacation/short term trip rather than a longer period of living outside of Canada? Will the authorities deem us being away for a couple of years as not keeping to the spirit of what the rule was trying to achieve? Or would they just say "oh it's fine, he was with you and you're a Canadian citizen"?
Thanks very much for your help.
Dugmac
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Moderator Moderator Posts: 4142
Posted On: 9/29/2022
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Hi there,
Thank you for sharing your question and situation with us.
It may be best for you to contact IRCC directly by phone (1-888-242-2100) or through using their web form to make a case-specific inquiry. You may also wish to consult a reputable and registered immigration consultant or an immigration lawyer for advice regarding your situation. Generally, a permanent resident who has spent time abroad with their Canadian partner may count those days towards their physical presence requirement for maintaining PR status but it is best that you seek case-specific information from IRCC directly.
We 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.
Sincerely,
Your Settlement.Org team
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