I am in the process of renewing our PR cards for me and my family (spouse and minor)
I am so confused with the PR obligations part. We have lived in Canada for the last 5 years making the required days, but have also made short vacations in these 5 years. One being the longest 1 year in Dubai after we made our first landing. Now I am confused what option should I choose as I was unemployed in Dubai. Option A B or others. Also for my child what should I choose?
And do I need to fill up a use or representative form for my child?
The applicable instructions here are quite straight-forward.
I will explain, but it is important for anyone making an application to IRCC to carefully read the instructions, and not be at all reluctant to read them again, and again, in order to understand them as best they can. If they still seem unclear or confusing, posing questions here can help but it is probably more important to sit down with someone who is very proficient with the English language (or French if using the French version of the forms and instructions), and significant experience in filling out government forms, to help read the questions and instructions.
As you have already encountered, sometimes responses in a forum like this are not helpful or even intentionally not helpful.
Child application and Representatives:
Each PR makes their own PR card application, including minor or dependent children. The application for a minor child who is 14 or older must be signed by the minor and also have the application signed by a parent or guardian. The application for a minor under the age of 14 is to be signed ONLY by a parent or guardian.
If a representative is employed to make or help make this application, a IMM 5476 Use of a Representative form must be submitted.
Otherwise, no. In this context (applications for a minor child) the parent who signs the application is not a representative, so no IMM 5476 is submitted.
A neighbour or friend or family member who just helps you go through the form and instructions, to help you better understand what is asked, does NOT need to be disclosed as a representative, no IMM 5476 required.
Reasons for absence Section 5.5 in PR card application:
As long as you (and other family members also making a PR card application) were actually physically present in Canada more than 730 days within the preceding five years, how you fill in the boxes in 5.5 ("
Time Spent Outside Canada") for "
Reason for absence" is not important EXCEPT, obviously, you need to give an answer that is honest, your best answer based on YOUR understanding of what is asked and how to answer it based on YOUR circumstances.
The boxes in the column titled "
Reason for absence" have a drop down menu listing A, B, C and Other. Unless you are specifically claiming credit toward the PR Residency Obligation based on the situations referenced as A, B, or C, it is OK to check "
Other" and then very briefly describe why you were outside Canada for that particular period of time. Each line in this form is for a particular period of absence, as stated in the From and To boxes on that line. For a lengthy absence, during which you may have remained abroad for multiple reasons, it is OK to state the primary reason as long as that is not misleading. Thus, for example, if the PR spent 14 months abroad primarily for a period the PR was employed abroad, even if the PR took holidays or vacations during that time, or visited family for a period of time, it should be OK to check "Other" and then in the box state "employed in France" (or wherever it was). If it seems this could be misleading, it would be OK to briefly add further description of other reason. If this is too long for the box, a supplemental page can more fully explain with a specific reference to item 5.5 and the respective period of time abroad. Keep it simple. Honest and simple.
If it was a spouse or parent who was employed abroad, again check "
Other" and perhaps state something like "
living in France with spouse (or parent, as applicable)
employed there." NOTE: it is important to use YOUR OWN words stating YOUR best answer.
It should be obvious and easy to know when to check "
Other" and enter "
holidays" or "
vacation" or "
visiting family" in the appropriate box. Again, YOUR best, honest answer.
As long as the total number of days the form automatically adds up (based on the From and To dates entered in 5.5), as the number of days outside Canada, is LESS than 1095, all is well. And so long as you have been truthful, honest, you are OK.
Credit for Time Abroad -- Reason for absence "A" and "C"
If the PR was physically present in Canada more than 730 days in the relevant five years, so that the total number of days outside Canada is less than 1095 days as automatically totaled by the form based on dates entered in 5.5, the number of days outside Canada for reasons A or C does NOT matter.
If you reasonably believe that your spouse's employment outside Canada meets the criteria to qualify for RO credit for days
outside Canada employed on a full-time basis by a Canadian business, then you can check reason "C." But as noted above, if you do not need this credit to meet the PR RO, there is no need to wrestle with this . . . checking "
Other" and referring to living abroad with spouse employed abroad as the reason for the absence should be OK. You could even mention spouse was abroad on assignment for spouse's Canadian employer (if that is a truthful statement). No need to get tangled in whether the employment qualifies for the credit . . . AS LONG AS, of course, your days IN Canada add up to more than 730 (total days outside Canada are less than 1095).
And yes we have completed the required days here in Canada. I am confused for the part 5.5 on the application, as we travelled as a family for a month outside canada and when my husband works here in canada during that time and we took the vacation together - so should that be a C for me as well as my son? As I travelled with my spouse Who is a PR and works with a Canadian business? Or should it be others - as we all have our PR including my son.
Also should then my husband be showing proof of his employment?
If, in contrast, you reasonably believe that your spouse's employment outside Canada meets the criteria to qualify for RO credit for days
outside Canada employed on a full-time basis by a Canadian business, then you can check reason "C." And your spouse could check reason "A." For you and the children, you proceed to complete 5.6.
Then, additionally,
YOU and your spouse, and minor children as well, will EACH need to provide evidence to support the claim for this credit. See Appendix A and "
Situation A: Employment outside Canada" for what evidence needs to be included to prove the employment qualifies for this credit. Again, EACH of you will need to include this evidence with your individual application. You and each of the children will also need to provide the additional evidence, in addition to proof for employed abroad credit, that is further described under "
Situation C: Accompanying a permanent resident outside Canada."
Each application, for each individual, must include the supporting evidence, for that individual PR. So, for a family, lots of copies.
But if this credit is NOT needed, again there is no harm, no foul, nothing evasive or misleading, let alone constituting a misrepresentation, if the PR checks "Other" as the reason for the absence and, in effect, is thereby not asking or applying for the credit for time employed outside Canada. Just be sure to be honest in stating the reason, brief but truthful.
Overall NOTE regarding employed outside Canada credit: qualifying for this credit can be tricky. Before proceeding to rely on this credit, a PR should very carefully review and evaluate whether they meet the qualifying criteria. If there is any doubt, any at all, and the PR is currently IN Canada, better to wait until meeting the PR RO based on days IN Canada to apply for a PR card rather than apply relying on this credit. Beyond that, that is getting into consult with a lawyer territory.
