Extend / Renew PR card (citizenship)

[RaidanZ]

HI I have received my PR card in early 2020 (From spouse sponsorship), and then I went back to HK with my husband (Canadian Citizen), we planned to wrapped up our belongings and moved back to Canada after a few months (expected in mid 2020), however, I was found pregnant in midst, and decided to labor in Hong Kong.
As of now, because the baby is still too small, we are planning to travel when he is a bit stronger in about early 2022.
In this case, I didn't stay in Canada from early 2020 to early 2022 (Two years), and I have read from the Government of Canada website:
Under the "Can my time abroad count toward my permanent resident status":
- Travel with a spouse or common law partner:
it says Your spouse or common-law partner needs to be:

• a Canadian citizen, or
• a permanent resident working outside Canada, full-time for:
  • a Canadian business, or
  • the Canadian federal, provincial or territorial government

My husband is a Canadian citizen, so does my two years in Hong Kong count under this rule?

 

[armoured]

As of now, because the baby is still too small, we are planning to travel when he is a bit stronger in about early 2022.
In this case, I didn't stay in Canada from early 2020 to early 2022 (Two years), and I have read from the Government of Canada website:
Under the "Can my time abroad count toward my permanent resident status":
...
My husband is a Canadian citizen, so does my two years in Hong Kong count under this rule?

There is a whole sub-forum here on residency obligations:
https://www.canadavisa.com/canada-immigration-discussion-board/forums/permanent-residency-obligations.11/

But the short answer is: if you move to Canada in 2022, you will be in compliance with the residency obligation anyway, so the question of whether your time with spouse abroad will 'count' is mostly irrelevant. Move in 2022 and don't worry about the complications of this other policy, its enforcement and whether the policy might change.

(You will be in compliance because the obligation is 2-in-5 years and you are given credit for time remaining in the first five years - so in effect as long as you are out of Canada less than 1095 days, you are in compliance)

 

[RaidanZ]

Thanks alot for your reply! however, I am thinking if I can extend my stay in Hong Kong due to the heavy pandemic situation all around the world now.
If I am going to stay longer,
For example: I am going to stay till early 2024, will my 4 years in Hong Kong count as "traveling with spouse or common partner" ?

 

[armoured]

Thanks alot for your reply! however, I am thinking if I can extend my stay in Hong Kong due to the heavy pandemic situation all around the world now.
If I am going to stay longer,
For example: I am going to stay till early 2024, will my 4 years in Hong Kong count as "traveling with spouse or common partner" ?

That is quite a different situation.

You should see the other sub-forum I posted a link to here. Short form is that it is not always something one can count upon (the issue can come up of who-accompanied-whom, as well as - potentially - whether there was any 'accompanying' at all, as it seems neither of you actually left HK in any meaningful sense. I'm not saying it will not be counted, but the implications of what happens if it is not might be significant and difficult to plan around. (Someone here wrote - if you don't need it, it'll count, if you do, it won't - or something to that effect).

Up to you. A number of things may be quite a lot easier if you return within the bounds of that 2-in-5 rule, and taking into account your own needs to travel in future, etc.

Side note: with a citizen-spouse, you could be sponsored anew in future - but there may be more skepticism about his intent to return - an obligatory component of his sponsorship - with a track record of not actually doing so. There appears to be heightened scrutiny of this because a lot of cases of sponsors and PRs not doing so, presumably because having PR status but not actually living in canada was considered useful.

 

[RaidanZ]

That is quite a different situation.

You should see the other sub-forum I posted a link to here. Short form is that it is not always something one can count upon (the issue can come up of who-accompanied-whom, as well as - potentially - whether there was any 'accompanying' at all, as it seems neither of you actually left HK in any meaningful sense. I'm not saying it will not be counted, but the implications of what happens if it is not might be significant and difficult to plan around. (Someone here wrote - if you don't need it, it'll count, if you do, it won't - or something to that effect).

Up to you. A number of things may be quite a lot easier if you return within the bounds of that 2-in-5 rule, and taking into account your own needs to travel in future, etc.

Side note: with a citizen-spouse, you could be sponsored anew in future - but there may be more skepticism about his intent to return - an obligatory component of his sponsorship - with a track record of not actually doing so. There appears to be heightened scrutiny of this because a lot of cases of sponsors and PRs not doing so, presumably because having PR status but not actually living in canada was considered useful.

Thank you it's a very helpful comment! As you said, to make things easier, I should stick with the 2 out of 5 years policy then.

 

[armoured]

Thank you it's a very helpful comment! As you said, to make things easier, I should stick with the 2 out of 5 years policy then.

Please do read up on it yourself - it really is only up to you.