Advice on retaining PR status

[jenbenjy]

Hi all,

Just looking for a bit of advice with my situation. My inland spousal application is in process since January 7th 2016, I received my bridging visa in March 2016 so I'm nearly a year into that. I haven't heard a thing about my residency application since I received AOR. The problem is I have been offered a really good job at home in Ireland and want to see how this will affect my residency. I can wait until I have my residency and am landed before I return home but I believe you need to live in Canada 2 out of 5 years to retain it. That's not exactly feasible for me right now.

I want to see what my options are because I'm married to a Canadian and we plan to start a family soon. Obviously his family are here so we'll be back to visit often. Also I would like the option of returning to live here if my husband can't settle in Ireland. I'm really worried I won't be able to come back if we want to. I don't want to have to make such a big decision so suddenly due to time constraints.

Should I cancel my current PR application or renounce it once I receive it? Can he sponsor me again if we've already been through this process? If I cancel my application will I lose my bridging visa? And finally if I decide to stay another 2 years to renew my PR will I need to fulfil the same obligations of 2 out of 5 years once I do renew?

Sorry about all the questions and thanks in advance for any help!

Jen

 

[Cross99]

Hi,

1. For your residency obligation, 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). (http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp#appendixA)

2. If you head over to the Inland 2016 thread, you'll note that CIC has begun reviewing applications from Dec 2015. January 2016 can't be that far behind.

My advice - hang in there till you get your PR then you can take up the overseas job (as long as your Canadian partner accompanies you).

Hope this helped!

 

[canadianwoman]

Because you applied inland, you have to stay in Canada with your husband until you are approved and become a PR. At the landing interview, they may ask about your plans - I would not tell them that you plan to immediately leave Canada to live in Ireland. You are supposed to want to live in Canada to get the PR visa.
However, of course plans change. So once you are a PR, you can perfectly legally leave Canada to work somewhere else. Your residency obligation is to stay in Canada for 2 years out of every 5, on a rolling basis. (That is, you could not fulfill your residency obligation by staying in Canada for years 1 and 2, and then years 9 and 10, because by year 6 you would not have spent 2 of the last 5 years in Canada.)
However, you can fulfill your residency obligation and keep your status as a PR if you are living outside of Canada with your spouse or partner. So as long as your husband lives with you in Ireland, you can count that time as part of your residency obligation.

 

[jenbenjy]

Thank you so much for the reply and putting my mind at ease. It's not even set in stone that we would move but I panicked when I thought that would mean I wouldn't have the chance to come back here, I love it here!

Thanks again all,
Jen