2 year length stay requirement for PR needed for common-in-law?

[joy857]

Hi there,

I am currently a PR in Canada and do know that in order to maintain my Canadian PR, I would need to stay at least 2 years for the next 5 years. I would like to know if my status changes from single to common-in-law with a Canadian partner, does the 2-year stay requirement still stand? Or are there processes where they allow a shorter PR duration within the 5 years?

Thank you!

 

[Buletruck]

Residency obligation remains the same. There are exceptions for accompanying a spouse and living outside Canada counting towards the 730 day requirement, but no reduction in the 730 day requirement.

 

[YVR123]

The exception is for accompanying a Canadian citizen spouse while that spouse is working outside of Canada.

RO is calculate per individual not as a family.

 

[joy857]

Thank you @Buletruck and @YVR123. From your conversations, I've found the information that I needed. Here's a link for anyone who is looking for the same topic.

https://discuss.settlement.org/topic41297-accompanying-a-canadian-citizen-spouse-overseas.asp.

In a nutshell - "each day a permanent resident is accompanying a Canadian citizen spouse or common-law partner outside Canada, constitutes a day of physical presence in Canada for their permanent residence requirement." - from the website.

Thank you!

 

[Buletruck]

Thank you @Buletruck and @YVR123. From your conversations, I've found the information that I needed. Here's a link for anyone who is looking for the same topic.

https://discuss.settlement.org/topic41297-accompanying-a-canadian-citizen-spouse-overseas.asp.

In a nutshell - "each day a permanent resident is accompanying a Canadian citizen spouse or common-law partner outside Canada, constitutes a day of physical presence in Canada for their permanent residence requirement." - from the website.

Thank you!

There are some caveats to that statement that do occasionally arise, specifically who accompanied whom while outside Canada. Not that it occurs regularly, but PRs have reported being denied the accompanying a Canadian citizen exception if the Canadian citizen followed the PR outside of the country.

 

[joy857]

There are some caveats to that statement that do occasionally arise, specifically who accompanied whom while outside Canada. Not that it occurs regularly, but PRs have reported being denied the accompanying a Canadian citizen exception if the Canadian citizen followed the PR outside of the country.

So you mean that if I'm following my common-in-law partner who is Canadian to live overseas - there could be an issue. If it was the other way round, it would be fine?

 

[canuck78]

So you mean that if I'm following my common-in-law partner who is Canadian to live overseas - there could be an issue. If it was the other way round, it would be fine?

If you are moving to follow the Canadian citizen that is acceptable. If you moved soon after securing PR that also can be an issues.