Thank you for repose. Is there any chance of not meeting RO even we both are together for more than 2 yrs period (in a 5 yr PR card validity period)?
Inquiry Regarding PR Status and Sponsoring Spouse After Returning to Canada
- Thread starter ananthulasrikar
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How long have you been living in Canada with your spouse and when did they land as a PR? Whether your spouse has been living in Canada with you as a PR could impact if you are able count time abroad towards RO.
You only apply for a PRTD if you are wanting to return Canada. You may only get a swingle entry PRTD with a relatively short expiry date.
When you wish to return to Canada you apply for a PRTD or enter via land border with the US. You must inform CRA when you leave Canada and ask them to determine your Canadian residency status. You should also called your provincial health authority to notify them that you are leaving Canada. You will need to apply for new health cards on your return.
Partially depends if you and your spouse had established a life in Canada after they got PR. Also on enforcement from IRCC. For example if your spouse lived in Canada with you for a year after landing as a PR and then you both moved abroad you should be able to count time together towards their RO.
Can you elaborate your meaning of "established a life in Canada after they got PR"? Do you file tax returns for resident purposes?
Yes, there's a chance depending on how IRCC applies the who followed whom rule.
It seems like IRCC treats cases based on whether the PR ever established themselves, as opposed to (esp) those who basically just do a soft landing and/or return to wherever they were living before.
Obviously in reality there may be every gradation in between ('details matter') so hard to tell how IRCC will approach. Especially in advance as implementation of general policies can change - and there's no way to get approval in advance.
Some clarifications without addressing all the tangents:
Current law, policies, rules, and practices can change over time. Some things WILL change (especially in regards to practices). For immigrants who are not Canadian citizens it can be a bit tricky relying on what the law, policies, rules, and practices will be in more than a decade.
So, if living outside Canada long term, PAY ATTENTION to what might be changing in Canadian law and rules for PRs!
The way things work now is a good starting point, a baseline. And the guide for making either a PR card application (which currently can ONLY be made when the PR is IN Canada) or an application for a PR Travel Document (needed to fly to Canada if PR card is expired or the PR otherwise does not have one) are a particularly good source of what the PR needs to know, such as information about PR Residency Obligations.
The latter includes what a PR needs to present/show in order to get credit toward the PR RO for days outside Canada accompanying their Canadian citizen spouse.
To be clear (or so is the effort): A PR who is "accompanying" their Canadian citizen spouse gets RO credit for the days they are ordinarily residing together outside Canada. Thus a PR accompanying their Canadian citizen spouse outside Canada will continue to be in compliance with the RO. They will not be in breach of the RO.
That is current law. References to exceptions are not about whether IRCC allows this credit. It's the law.
Exceptions are about circumstances in which IRCC might conclude the PR was NOT "accompanying" their Canadian citizen spouse even if they are together outside Canada. That is a big, complicated subject. For the PR who was settled and living together with their Canadian citizen spouse IN Canada before the couple relocates outside Canada, and they are ordinarily residing together outside Canada, this should NOT be a concern . . . .
. . . so long as the rules do not change.