PR Card Renewal - Vacation with Canadian Spouse

[Mogs2018]

I am currently in the process of renewing my PR card and I have more than exceeded the requirement of being in Canada for at least 730 days. For my travel history, I have had about four vacations lasting no longer than two weeks at a time. My partner who is a Canadian citizen was with me on some of those vacations, but not all of them.

What would I answer for the question about accompanying a Canadian citizen? I think it’s question 5.3-5.5 on the online application form.


TIA!

 

[armoured]

I am currently in the process of renewing my PR card and I have more than exceeded the requirement of being in Canada for at least 730 days. For my travel history, I have had about four vacations lasting no longer than two weeks at a time. My partner who is a Canadian citizen was with me on some of those vacations, but not all of them.

What would I answer for the question about accompanying a Canadian citizen? I think it’s question 5.3-5.5 on the online application form.


TIA!

If you have well more than 730 days without the time spent abroad, suggest you mark 'no' for that question.

The reason: by checking that, you are trying to claim an 'exception' to the usual physical presence rules (counting your time abroad with spouse 'as if' time n Canada). It will likely lead to additional checks. And if you already have >730 days without them, it serves you no purpose and gives you no benefit.

 

[Mogs2018]

Amazing! Thanks so much for your help!

 

[Ponga]

If you have well more than 730 days without the time spent abroad, suggest you mark 'no' for that question.

The reason: by checking that, you are trying to claim an 'exception' to the usual physical presence rules (counting your time abroad with spouse 'as if' time n Canada). It will likely lead to additional checks. And if you already have >730 days without them, it serves you no purpose and gives you no benefit.

While I agree that a PR that has met the R.O. would not need to have vacation days spent with their Canadian spouse or partner count, but...regarding question 5.3, couldn't it be seen as misrepresentation to answer No, since they were in fact accompanying? The question doesn't elaborate to ask if those days `need' to be credited towards, or an exception to, the R.O., right?

 

[armoured]

While I agree that a PR that has met the R.O. would not need to have vacation days spent with their Canadian spouse or partner count, but...regarding question 5.3, couldn't it be seen as misrepresentation to answer No, since they were in fact accompanying? The question doesn't elaborate to ask if those days `need' to be credited towards, or an exception to, the R.O., right?

It is my belief that it would not and could not be seen as misrepresentation because it is not material - that is to say, if one is excluding information that would only be to one's own benefit, no, it is not misleading the examining officer in a way that matters.

But if anyone disagrees and wishes to include this information, that's fine.

I note the detailed instructions here ( https://www.canada.ca/en/immigratio...ication/application-forms-guides/imm5444.html ) says the following: "If your total time spent outside Canada is less than 1095 days, you appear to meet the residency requirements."

It is possible that I am incorrect and that the processing "formula" (flowchart) evaluates total-days-abroad first and does not create the (potential) delay I am referring to; that would, after all, be more logical. (Perhaps I'm too cynical in that I've been around bureaucracy long enough to believe that anything potentially odd leads to more examination, even if not relevant and illogical). Either way, I see no advantage to putting travel with the spouse on the form.

That said, I'd love it if, for example, two family members/spouses with identical travel histories were to apply and do an A/B comparison (one notes days travelling with spouse, the other not) and we see what happens.