do i meet required residency obligation ?

[roadways]

hello
i moved to Canada 2014 but soon after moving ( I think just few weeks) I got job offer in USA me and my Canadian citizen wife both moved to California and now Canadian PR card is about to expire ,am I still able to renew my PR card even I do not meet required residency obligation of 750 days of physical presence .I read somewhere if you are living with Canadian spouse you qualify for renewal


mannie

 

[karanjessica]

hello
i moved to Canada 2014 but soon after moving ( I think just few weeks) I got job offer in USA me and my Canadian citizen wife both moved to California and now Canadian PR card is about to expire ,am I still able to renew my PR card even I do not meet required residency obligation of 750 days of physical presence .I read somewhere if you are living with Canadian spouse you qualify for renewal


mannie

You may also count days outside of Canada as days that you meet the residency obligation in these situations:

Situation 1. Accompanying a Canadian citizen outside Canada
You may count each day you accompanied a Canadian citizen outside Canada as long as this person is your spouse, common-law partner or parent (if you are a child under 19 years of age).

Proof needed

You must provide supporting documents to prove that:

• The person you are accompanying is a Canadian citizen; and
• You are the spouse, common-law partner or child of that person.

Supporting documents may include:

• Mandatory:
  • all passports or other travel documents that the person you are accompanying used in the five (5) years before the application;
  • documents showing the citizenship of the person you are accompanying, including the date the person became a Canadian citizen;
  • proof of the residential addresses of the person you are accompanying for the five (5) years before the application;
  • marriage licence or proof of common-law partnership (if you are accompanying a spouse or common-law partner);
  • child’s birth certificate, baptismal document, or adoption or legal guardianship document (if you are accompanying a parent);
• You may also include:
  • Canadian Income Tax Notice of Assessment (NOA) for the past two (2) years
  • school or employment records;
  • association or club memberships;
  • any other documents you want us to consider.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5445-applying-permanent-resident-card-card-first-application-replacement-renewal-change-sex-designation.html#appendixA

 

[Bs65]

First you cannot renew a PR card from outside Canada so would need a PRTD to fly back to Canada .or cross the land border without either

Second despite the post above re accompanying a Canadian citizen abroad you will find examples posted here where interpretation of this can be questioned by IRCC given technically your wife is accompanying you abroad not you accompanying your wife. Just a matter how IRCC interpret each individual situation where more backup documentation maybe required to justify maintaining residency no way to predict either way so is not necessarily a given result.

Third as assume you know that no time outside of Canada counts towards citizenship which must be physical days in Canada.

Finally minor point but residency obligation is 2 years (730 days) in every 5 years starting from initial landing and then after initial 5 years a rolling 5 years at each new entry

 

[dpenabill]

hello
i moved to Canada 2014 but soon after moving ( I think just few weeks) I got job offer in USA me and my Canadian citizen wife both moved to California and now Canadian PR card is about to expire ,am I still able to renew my PR card even I do not meet required residency obligation of 750 days of physical presence .I read somewhere if you are living with Canadian spouse you qualify for renewal


mannie

In addition to the IRCC information quoted by @karanjessica and the very apt observations offered by @Bs65, I will offer some further observations about a potential who-accompanied-whom issue arising in relation to any credit toward the RO for time abroad living with your Canadian citizen spouse:

Your situation suggests a RISK there could be a who-accompanied-whom analysis and not being allowed credit toward Residency Obligation compliance for time abroad living with your Canadian citizen spouse.

Foremost, the credit for time abroad "accompanying" a citizen spouse depends, at the very least, on the PR LIVING with (cohabiting with) the citizen spouse (days merely in the company of a citizen spouse are not sufficient for the time to count as "accompanying").

Beyond that, it is difficult to assess the risk of a who-accompanied-whom analysis. Since you indicate you were only briefly in Canada after landing, before relocating to the U.S., and have not otherwise been settled and living in Canada, again it appears you are at SOME RISK for a who-accompanied-whom analysis, with potentially negative results.

The longer you live abroad, the less often you come to Canada, the shorter your stays in Canada, and the less ties you personally have in Canada, the more RISK there is.

There are of course additional factors affecting the level of risk. In particular, your prior history (including ties to Canada or the lack thereof) can also be a big factor in the extent of risk. This gets complicated and is very dependent on a range of factors which include widely diverse details, offering little basis for generalizing.

There is an extensive discussion of this issue in a topic specifically about recent developments regarding a potential who-accompanied-whom analysis. See https://www.canadavisa.com/canada-immigration-discussion-board/threads/who-accompanied-whom-can-matter-for-prs-living-with-citizen-spouse-abroad-update.579860/

Also note that this is an election year, and there is a significant chance there will be a new government by the year's end. If, for example, the next government is Conservative, it warrants remembering that it was under a Conservative government that IRCC implemented far more strict policies and practices in enforcing the PR Residency Obligation and there was a dramatic increase in cases involving the who-accompanied-whom analysis (and a more strict approach by IAD panels appointed by the Conservative government). Which is to say that whatever the risk is today, if by year's end there is a Conservative government (especially if a majority government), the risk will probably increase significantly.

 

[roadways]

situation looks complicated here as she is dual citizen both US and Canadian there is no stamps on her passport obviously whenever we enter and exit as per us law we have to enter and exit states as us citizen

 

[dpenabill]

situation looks complicated here as she is dual citizen both US and Canadian there is no stamps on her passport obviously whenever we enter and exit as per us law we have to enter and exit states as us citizen

Not sure why you think the fact she has citizenship in multiple countries complicates things.

Primary requirements for the accompanying-Canadian-citizen-spouse credit are:

-- proof of marriage
-- proof of spouse's Canadian citizenship
-- proof of cohabiting​

This usually is enough to qualify for the credit. UNLESS there are circumstances raising a who-accompanied-whom question. Which again is discussed in more depth in a topic specifically about recent developments regarding a potential who-accompanied-whom analysis. See https://www.canadavisa.com/canada-immigration-discussion-board/threads/who-accompanied-whom-can-matter-for-prs-living-with-citizen-spouse-abroad-update.579860/

As I noted, if as it appears you personally had not settled in Canada prior to the move to the States, that is a circumstance that MIGHT (but might NOT as well) trigger a who-accompanied-whom question. Again, see the other topic for more about how things go if that happens.

What complicates things is that your circumstances suggest your spouse, the Canadian citizen, has accompanied you abroad, NOT that you accompanied your citizen spouse.


By the way, individuals with both U.S. and Canadian citizenship will usually enter Canada as a Canadian citizen. Unlike Canadian citizens who are also citizens of most other countries, who ordinarily must present their Canadian passport in order to board a flight destined for Canada, it is possible for a U.S. citizen to fly to Canada just using their U.S. passport. But nonetheless a Canadian citizen's status upon entering Canada is that of a Canadian citizen regardless what other citizenship the individual has. And note, for example, in land border crossings, ordinarily there is NO exit control from the U.S., so only the traveler's Canadian passport needs to be presented at the time of crossing into Canada. (U.S. is more strict about presenting a U.S. passport upon entry into the U.S. than Canada is about presenting a Canadian passport.)

BUT none of the latter is pertinent to whether a Canadian PR living with a Canadian citizen spouse can qualify for credit toward the PR Residency Obligation.

 

[roadways]

Not sure why you think the fact she has citizenship in multiple countries complicates things.

Primary requirements for the accompanying-Canadian-citizen-spouse credit are:

-- proof of marriage
-- proof of spouse's Canadian citizenship
-- proof of cohabiting​

This usually is enough to qualify for the credit. UNLESS there are circumstances raising a who-accompanied-whom question. Which again is discussed in more depth in a topic specifically about recent developments regarding a potential who-accompanied-whom analysis. See https://www.canadavisa.com/canada-immigration-discussion-board/threads/who-accompanied-whom-can-matter-for-prs-living-with-citizen-spouse-abroad-update.579860/

As I noted, if as it appears you personally had not settled in Canada prior to the move to the States, that is a circumstance that MIGHT (but might NOT as well) trigger a who-accompanied-whom question. Again, see the other topic for more about how things go if that happens.

What complicates things is that your circumstances suggest your spouse, the Canadian citizen, has accompanied you abroad, NOT that you accompanied your citizen spouse.


By the way, individuals with both U.S. and Canadian citizenship will usually enter Canada as a Canadian citizen. Unlike Canadian citizens who are also citizens of most other countries, who ordinarily must present their Canadian passport in order to board a flight destined for Canada, it is possible for a U.S. citizen to fly to Canada just using their U.S. passport. But nonetheless a Canadian citizen's status upon entering Canada is that of a Canadian citizen regardless what other citizenship the individual has. And note, for example, in land border crossings, ordinarily there is NO exit control from the U.S., so only the traveler's Canadian passport needs to be presented at the time of crossing into Canada. (U.S. is more strict about presenting a U.S. passport upon entry into the U.S. than Canada is about presenting a Canadian passport.)

BUT none of the latter is pertinent to whether a Canadian PR living with a Canadian citizen spouse can qualify for credit toward the PR Residency Obligation.

thanks ,what would be proof of cohabiting
thanks a lot
what would be the proof of cohabiting ??

 

[dpenabill]

what would be the proof of cohabiting ??

Documents showing you and spouse share the same household. Proof of living together. If living in leased premises, for example, lease agreements typically specify who is allowed to reside in the premises. Official and formal mail addressed to the same address for each of you respectively . . . virtually anything showing name and address from an objective source. Utility bills, bank statements, phone bills, government notices, employer communications, billing statements from lawyers, dentists, doctors. Lots and lots of ways to show that each of has transactions in life which indicate the address where you live . . . and when it is the same address for each of you, that is evidence of maintaining a household together, as in cohabiting.