How long can a Canadian citizen go spend time with spouse during outland application?

[HopefulLegend]

I'm a Canadian citizen and I've got an outland spousal application in process. What I'm wondering is how long can I leave Canada to stay abroad with my husband for? IRCC is very vague about this, and I know that those with a PR can only leave "for a short amount of time" (whatever this means). Since I'm a citizen though, do I have any such restrictions on how long I can visit my husband for? Could I go spend the remainder of the year with him while the application processes? I'm just trying to understand what the rules are.

I appreciate any insight, advice or information that you guys may provide

 

[armoured]

I'm a Canadian citizen and I've got an outland spousal application in process. What I'm wondering is how long can I leave Canada to stay abroad with my husband for? IRCC is very vague about this, and I know that those with a PR can only leave "for a short amount of time" (whatever this means). Since I'm a citizen though, do I have any such restrictions on how long I can visit my husband for? Could I go spend the remainder of the year with her while the application processes? I'm just trying to understand what the rules are.

I appreciate any insight, advice or information that you guys may provide

As a citizen you can go and even reside abroad while being processed.

They maya so you at some point to provide evidence of your intent to return to Canada with your spouse. So be prepared for that.

 

[HopefulLegend]

As a citizen you can go and even reside abroad while being processed.

They maya so you at some point to provide evidence of your intent to return to Canada with your spouse. So be prepared for that.

Makes sense. I've got a couple of additional questions:

1. If I were to leave now, and say come back in January 2022, do you think this would trigger them to ask for proof of intent to return?
2. I've lived in Canada my entire life, so I'm wondering how many months abroad would categorize me as 'residing abroad' vs 'visiting abroad'? What do you think this distinction might be? My primary residence, work, etc., all will be based here from Canada even if I go for the next 6 months.

 

[armoured]

Makes sense. I've got a couple of additional questions:

1. If I were to leave now, and say come back in January 2022, do you think this would trigger them to ask for proof of intent to return?
2. I've lived in Winnipeg my entire life, so I'm wondering how many months abroad would categorize me as 'residing abroad' vs 'visiting abroad'? What do you think this distinction might be? My primary residence, work, etc., all will be based here from Canada even if I go for the next 6 months.

No way to say for certain on either question, as far as I know.

 

[HopefulLegend]

No way to say for certain on either question, as far as I know.

I see, I suppose no one can really answer that definitively. So if I were to go, the main thing to keep in mind will be having that additional burden of proof for showing that we do in fact intend to move to Canada upon a PR being granted eh?

 

[armoured]

I see, I suppose no one can really answer that definitively. So if I were to go, the main thing to keep in mind will be having that additional burden of proof for showing that we do in fact intend to move to Canada upon a PR being granted eh?

Yes, although I'd say the potential burden of proof - if you continue working in Canada (I presume remotely?), maintain your residence there, etc., it might not come up. But it would be prudent to be ready to respond if it proves necessary.

 

[Scarpetta]

For what it's worth, I think that the difference between residing abroad and visiting abroad is in whether or not when you are outside Canada your name is on the lease, you work, pay taxes, convert your driving license, attend school, etc. You could also look at the notion of tax residence (for UK residents it's where you spend 183 days out of the tax year, I suspect it might be similar for Canadians).
Keeping a lease in Canada, having return tickets, and only pausing the services such as car insurance, internet and mobile phone for a specific amount of time might altogether work as proof.

Alternatively, Canada has a term "factual resident" which is described here that you might want to use for reference: https://www.canada.ca/en/revenue-agency/services/tax/international-non-residents/individuals-leaving-entering-canada-non-residents/factual-residents-temporarily-outside-canada.html

 

[armoured]

For what it's worth, I think that the difference between residing abroad and visiting abroad is in whether or not when you are outside Canada your name is on the lease, you work, pay taxes, convert your driving license, attend school, etc. You could also look at the notion of tax residence (for UK residents it's where you spend 183 days out of the tax year, I suspect it might be similar for Canadians).
Keeping a lease in Canada, having return tickets, and only pausing the services such as car insurance, internet and mobile phone for a specific amount of time might altogether work as proof.

Alternatively, Canada has a term "factual resident" which is described here that you might want to use for reference: https://www.canada.ca/en/revenue-agency/services/tax/international-non-residents/individuals-leaving-entering-canada-non-residents/factual-residents-temporarily-outside-canada.html

I agree with all of what you have said in terms of the means to demonstrate intent to return (should it come up) but have one warning: I've looked at the references in legislation and it does not use any defined term for resident (in the relevant part of the law) nor refer to how the term is used elsewhere in legislation such as in the tax codes.

Meaning: I think that means that IRCC is not bound by that and can make its own determination, using whatever definition they wish. Now, I don't think they're unreasonable or crazy about how they approach it - just that no-one should rely upon the fact that they're a tax resident (or factual resident acc to CRA) as 'proof.'

Should not be a big deal for a citizen who has gone abroad for a half-year and maintained most aspects of residing in Canada - and can show when/how they plan to return. Just warning not to rely on a CRA definition.

(I believe IRCC is most cautious about this for cases of Canadians who have been long-term residing abroad and have few other ties to Canada, as potenitally risks for wanting to get PR status for spouse for convenience.)

 

[steaky]

For what it's worth, I think that the difference between residing abroad and visiting abroad is in whether or not when you are outside Canada your name is on the lease, you work, pay taxes, convert your driving license, attend school, etc. You could also look at the notion of tax residence (for UK residents it's where you spend 183 days out of the tax year, I suspect it might be similar for Canadians).
Keeping a lease in Canada, having return tickets, and only pausing the services such as car insurance, internet and mobile phone for a specific amount of time might altogether work as proof.

Alternatively, Canada has a term "factual resident" which is described here that you might want to use for reference: https://www.canada.ca/en/revenue-agency/services/tax/international-non-residents/individuals-leaving-entering-canada-non-residents/factual-residents-temporarily-outside-canada.html

But if you look at the www.gov.uk website with regards to Exchange foreign driver license, it reads one is normally a resident if live in UK for 185 days in a calendar year. Furthermore, the person can continue to drive their license (from their designated jurisdiction) for 12 months after they become resident.

 

[Scarpetta]

But if you look at the www.gov.uk website with regards to Exchange foreign driver license, it reads one is normally a resident if live in UK for 185 days in a calendar year. Furthermore, the person can continue to drive their license (from their designated jurisdiction) for 12 months after they become resident.

I don't think that driving license alone would amount to anything. Plus, you'd have to look at the receiving country's laws re: use of foreign driving licenses, not Canada's or the UK's. For example, a UK driving license would have to be exchanged in most EU countries within 6 months of residence there.
The examples I gave together are what might create an appearance of factual residence, for all intents and purposes. Driving license is just one element.

Bottom line is correctly stated above: since there is no definition of residence within IRCC's system, a longer stay abroad is at the TS's risk. Could be nothing, could also end up having to prove intention to return, in which case they'd have to provide evidence, and the burden of proof would be on the TS.

 

[armoured]

Just to note - not trying to scare anyone off from joining their spouse. I applied after being out of Canada for years - provided good documentation and was approved with no issues.

I'm not saying ircc will ask for more proof for a citizen clearly habitually resident, nor that it would be hard. Just that being aware of it and a wee bit of preparation just in case is prudent.

 

[nedvert]

As long as you maintain a Canadian residence, are employed in Canada and keep your ties I don't even see how it would ever come up.

Have you already been approved a a sponsor? If so, not even sure it could come up but who knows lol.

 

[armoured]

As long as you maintain a Canadian residence, are employed in Canada and keep your ties I don't even see how it would ever come up.

Have you already been approved a a sponsor? If so, not even sure it could come up but who knows lol.

It's a bit hypothetical, perhaps. That is overall agree not perhaps likely in this case.

But it was the question, basically.

 

[HopefulLegend]

As long as you maintain a Canadian residence, are employed in Canada and keep your ties I don't even see how it would ever come up.

Have you already been approved a a sponsor? If so, not even sure it could come up but who knows lol.

I have already been approved as a sponsor, so I do wonder what the odds of this coming up in a real life scenario would be.

 

[HopefulLegend]

I agree with all of what you have said in terms of the means to demonstrate intent to return (should it come up) but have one warning: I've looked at the references in legislation and it does not use any defined term for resident (in the relevant part of the law) nor refer to how the term is used elsewhere in legislation such as in the tax codes.

Meaning: I think that means that IRCC is not bound by that and can make its own determination, using whatever definition they wish. Now, I don't think they're unreasonable or crazy about how they approach it - just that no-one should rely upon the fact that they're a tax resident (or factual resident acc to CRA) as 'proof.'

Should not be a big deal for a citizen who has gone abroad for a half-year and maintained most aspects of residing in Canada - and can show when/how they plan to return. Just warning not to rely on a CRA definition.

(I believe IRCC is most cautious about this for cases of Canadians who have been long-term residing abroad and have few other ties to Canada, as potenitally risks for wanting to get PR status for spouse for convenience.)

I'm from a conservative family, so I still live with my parents in Canada, and so I do not yet have a place of my own. I only mention this as I can't use 'owning property in Canada' as one sticking point for returning.

I'm wondering what kind of proof I could have ready in case the event comes up where IRCC does in fact ask for proof of intent to return. Would the following points suffice or would I need additional things as well?

• Born in Canada and have lived here for my entire life
• Have a driver's licence here and my primary mobile here
• Have a full time job here in Canada
• My primary residence in literally every document imaginable is listed as my Canadian residence
• Tax paying citizen of Canada

I know it's hard to give a definitive answer, but generally speaking would these points constitute reasonable proof in showing intent of returning? I'm just trying to make sure nothing catches us by surprise, so I'm aiming to be as prepared as possible in the event that this comes up.