Buying an apartment in Canada to meet residency requirements

[matthewc]

I linked to R61(4) above, but it's here:

http://laws.justice.gc.ca/eng/SOR-2002-227/page-3.html#codese:61-ss:_4_

R61(4) as currently written appears to have been in place since the inception of the IRPA in 2002, so I'm at a loss to explain why none of those decisions referred to it.

Rather than a copy of the regulation in hand, though, if you do feel the need to take something official with you, make it a copy of the relevant processing manual, ENF 23, section 7.5. The processing manuals are what CIC are used to referring to on a day-to-day basis:

http://www.cic.gc.ca/english/resources/manuals/enf/enf23-eng.pdf

"7.5. Accompanying a Canadian citizen outside Canada

R61(4) provides that each day a permanent resident is outside Canada accompanying (that is,
ordinarily residing with) a Canadian citizen constitutes a day of physical presence in Canada,
provided that the Canadian citizen they are accompanying is a spouse or common-law partner or
parent.

In the case of a permanent resident outside Canada accompanying a Canadian citizen, it is not
necessary to determine who is accompanying whom, nor is it necessary to determine for what
purpose. In other words, under A28(2)(a)(ii) and R61(4), as long as a permanent resident is
accompanying a Canadian citizen, the intent and purpose of their absences are not relevant as
the residency obligation is met."

7.6 deals with a PR accompanying another PR who is working who for a Canadian company.

I wouldn't suggest taking an appeals decision, as that will confuse matters. You do, of course, also need plenty of proof that the citizen and PR were actually residing together outside Canada.

 

[toby]

Well, I hate backtracking, but I must say that Matthew has persuaded me.

The Li court case ( Li v. Canada (Citizenship and Immigration), 2009 CanLII 74606 (I.R.B.) is the most recent o this issue, and CIC manual ENF 23 Loss of Permanent Resident Status is most explicit. They both tells us that a PR who merely lives with a Canadian citizen abroad (rather than "accompany" him/her abroad) PROBABLY would be able to count those days toward the PR quota.

I say "probably" because an earlier case indicated that the PR must accompany the citizen (not vice-versa) -- i.e. the citizen needed to have the principal reason to be abroad, and the PR went along for the ride.

Matthew and I both agree that it would be better not to rely on this when arriving at the border, if the PR wants to avoid a hassle, but if he/she must, bring along a copy of the Manual, with relevant parts highlighted..

 

[Felix07Richerd]

I love Canada a lot, This is true that Canadian apartments meet residency requirements. If you live in apartments in Ottawa especially in Westboro or Nepean area, you will be pleased to know that these districts are full of activity shopping street with many opportunities. In addition to the many small independent shops (including several outdoor sports shops), there are many huge shopping centers in the area, including Bayshore Shopping Center. A three-level mall with more than 150 shops and services, it is preferably located along the highway 417th you can also visit Carling Wood Shopping Center, more than 125 shops and services with ample of free parking.

So do you need anything else?