Accompanying a spouse or common law partner (who is a Canadian citizen) to the USA

[VermiciousKnish]

Hey All,

So I was reading up on the residency requirements and came across this exception to the 730 minimum day residency requirement.

Accompanying a spouse or common law partner (or parent) who is a Canadian citizen

"If you (as a PR) accompany a spouse or common law partner who is a Canadian citizen outside of Canada, then each day outside Canada is considered to be a day physically present in Canada."

How exactly would this work? If Spousal sponsorship is approved and USA spouse then becomes Canadian permanent resident and live in Canada. If they then decide to move back to the USA for a number of years, these days would count towards the residency requirement?? Why would they allow that?

 

[canuck78]

Given th large variety of questions you have asked I suspect you are an immigration consultant. This forum is to help individuals with their immigration problems and not to help people run their business.

 

[VermiciousKnish]

Why should that matter? I’d like to learn the ins and outs just like everyone else here. There are so many technicalities...CIC changes rules and specifications quite often.
And how can one gain knowledge without asking questions? This forum is run through a law firms website. Surely their goal is to generate clients (I.e. generate business). Why is this a bad thing?

 

[canuck78]

People volunteer their time on this forum to try to help others who are trying to avoid paying for the services of consultants and/or lawyers. They are not trying to help businesses who will then charge their clients for the free information they got on the forum. If you were upfront that you were an immigration consultant that would be different. It is your job to learn and keep updated on the immigration policies. You could easily look up most of the questions you have asked.

Yes the law firm runs the website in order to attract clients but they are not actively recruiting clients through the forum. They have also invested quite a lot of time and money into running this forum and most people don't use their services. It must be at least revenue neutral for them to keep going with the forum.

 

[VermiciousKnish]

For the record, I am not a consultant. I did assist a lawyer at one point in time and so I know a fair bit but, yes, there is a lot to learn. I help people as well as there are many crooked people out there who charge an arm and a leg for their services only to leave their clients hanging in the end.

Even if I were a consultant, I am looking to learn just like everyone else here. No one asked you to volunteer your time and helping is helping. Not sure who designated you with the responsibility of deciding whose help is a legitimate cry for help...

 

[zardoz]

Interesting that when challenged in https://www.canadavisa.com/canada-immigration-discussion-board/threads/cant-link-online-account-through-portal-for-authorized-rep.554130/ you failed to answer. However, you declared yourself as "the representative for a spousal sponsorship". Please could you provide us with your ICCRC registration information.

 

[S A]

I am in this situation:
I didn't live in Canada for 13 years but officially I am still a PR since I still have my record of landing and didn't make a request to cancel my PR. I didn't return to Canada since I left in 2005. I never applied for PR card when I left and don't have one now.
I know that probably I have 0 chance to go back to Canada just with my record of landing and not being reported. But I want to go back to Canada without making trouble, if possible, for myself.

During the PR card application, they usually ask for entry/exit record and also copies of passports used in 5 years prior to PR card application ; My passport has expired shortly after I left Canada and since then I never renewed it. consequently I don't have any travel records (stamps) in the last 12 years.

My question is:
someone suggested to go back to Canada through "Angle Inlet" (a town in Minnesota) where there is no border control or through none checking crossing; what if I arrive to Canada through this town and NOT call border control and report in? What will happen when I stay in Canada for more that 2 years and apply for PR card WITHOUT reporting my entry? I know that in my PR card application, immigration is looking only into my last 5 years stay in Canada.
Will there be any consequences for my PR card application by entering Canada through a NONE checking point (crossing) and NOT reporting my entry to border control ?

 

[zardoz]

I am in this situation:
I didn't live in Canada for 13 years but officially I am still a PR since I still have my record of landing and didn't make a request to cancel my PR. I didn't return to Canada since I left in 2005. I never applied for PR card when I left and don't have one now.
I know that probably I have 0 chance to go back to Canada just with my record of landing and not being reported. But I want to go back to Canada without making trouble, if possible, for myself.

During the PR card application, they usually ask for entry/exit record and also copies of passports used in 5 years prior to PR card application ; My passport has expired shortly after I left Canada and since then I never renewed it. consequently I don't have any travel records (stamps) in the last 12 years.

My question is:
someone suggested to go back to Canada through "Angle Inlet" (a town in Minnesota) where there is no border control or through none checking crossing; what if I arrive to Canada through this town and NOT call border control and report in? What will happen when I stay in Canada for more that 2 years and apply for PR card WITHOUT reporting my entry? I know that in my PR card application, immigration is looking only into my last 5 years stay in Canada.
Will there be any consequences for my PR card application by entering Canada through a NONE checking point (crossing) and NOT reporting my entry to border control ?

If you attempt to cross the border without reporting to CBSA, you will be breaking the law. Expect problems...

http://laws-lois.justice.gc.ca/eng/acts/C-52.6/page-4.html#h-16

PART II Importation
Persons
Marginal note : Presentation of persons on arrival in Canada

• 11 (1) Subject to this section, every person arriving in Canada shall, except in such circumstances and subject to such conditions as may be prescribed, enter Canada only at a customs office designated for that purpose that is open for business and without delay present himself or herself to an officer and answer truthfully any questions asked by the officer in the performance of his or her duties under this or any other Act of Parliament.
  
  
• Marginal note : Exception
  (2) Subsection (1) does not apply to any person who has presented himself or herself outside Canada at a customs office designated for that purpose and has not subsequently stopped at any other place prior to his or her arrival in Canada unless an officer requires that person to present himself or herself to the officer.

 

[VermiciousKnish]

Interesting that when challenged in https://www.canadavisa.com/canada-immigration-discussion-board/threads/cant-link-online-account-through-portal-for-authorized-rep.554130/ you failed to answer. However, you declared yourself as "the representative for a spousal sponsorship". Please could you provide us with your ICCRC registration information.

Another judge, jury and executioner! Well I don't know too much, but I am pretty sure the USE of REP form has "family friend", and "member of religious organization" category to check off there. Seems to me like the "VIP" badge you somehow earn on this forum can get to your head quite quickly!

 

[VermiciousKnish]

So can anyone answer my original question?

"If you (as a PR) accompany a spouse or common law partner who is a Canadian citizen outside of Canada, then each day outside Canada is considered to be a day physically present in Canada."

 

[keesio]

So can anyone answer my original question?

"If you (as a PR) accompany a spouse or common law partner who is a Canadian citizen outside of Canada, then each day outside Canada is considered to be a day physically present in Canada."

Yes, this is true for PR RO (not citizenship RO). The key word is "accompany". if the Canadian spouse gets a job abroad and moves for it and the PR spouse follows, then it is accepted. If it is the PR who moves abroad (for whatever reason) and the Canadian spouse follows, then there could potentially be some issues.

 

[VermiciousKnish]

Yes, this is true for PR RO (not citizenship RO). The key word is "accompany". if the Canadian spouse gets a job abroad and moves for it and the PR spouse follows, then it is accepted. If it is the PR who moves abroad (for whatever reason) and the Canadian spouse follows, then there could potentially be some issues.

What is the RO? Renewal?

 

[scylla]

What is the RO? Renewal?

residency obligation