Conditional Sponsorship (moving)

[cicong]

Hi all,

I have a question regarding conditional permanent residence. I'm a Canadian Citizen and my wife is being sponsored by me as a permanent residence. Assuming she arrives in Canada, and we live together for 1 year, and decide to move to another country to live together for a year or two. Does that meet the Conditional Permanent Residence requirements? The rules state that we must live together under the same household, but doesn't specify that it has to be in Canada.

Thanks for your help.

 

[keesio]

Hi all,

I have a question regarding conditional permanent residence. I'm a Canadian Citizen and my wife is being sponsored by me as a permanent residence. Assuming she arrives in Canada, and we live together for 1 year, and decide to move to another country to live together for a year or two. Does that meet the Conditional Permanent Residence requirements? The rules state that we must live together under the same household, but doesn't specify that it has to be in Canada.

Thanks for your help.

As you guess, it doesn't have to be Canada. You can be ANYWHERE as long as you are TOGETHER.

 

[Ponga]

It gets even better...

Since you are a Canadian citizen, any time spent living with you abroad, will still count towards her 730 days out of 5 years required to live in Canada to maintain her PR.

You have to be the one driving the need/desire to move, not her. Some people have run into trouble when the PR wants to move and the Canadian citizen `goes along too'.

 

[cicong]

It gets even better...

Since you are a Canadian citizen, any time spent living with you abroad, will still count towards her 730 days out of 5 years required to live in Canada to maintain her PR.

You have to be the one driving the need/desire to move, not her. Some people have run into trouble when the PR wants to move and the Canadian citizen `goes along too'.

How can that be proven?

 

[canuck_in_uk]

How can that be proven?

It can't. It doesn't matter who "decides" to move.

 

[Ponga]

It can't. It doesn't matter who "decides" to move.

Just sharing information that I've collected along the way; that some people have run into problems concerning this.

 

[Ponga]

Here's one example:
http://www.canadavisa.com/canada-immigration-discussion-board/living-abroad-with-canadian-citizen-wife-t81245.15.html

"The question that comes to mind is whether CIC is examining other factual scenarios to identify, similarly, grounds to distinguish and not allow the credit in situations where it is more or less clear the citizen-partner is accompanying the PR, not the other way around."


Perhaps this is why everything that is available, regarding this topic, all say the same thing..."if the PR is accompanying their Canadian citizen partner/spouse...", rather than "if they are being accompanied by their Canadian citizen partner/spouse...".


Not sure that I'd blatantly dismiss this as not being, at the very least, a possibility.

 

[canuck_in_uk]

That's not really an example though. A forum member said that a CIC employee told them something (and we all know how CIC employees are always right...) and then another forum member said a bunch of stuff, including what you quoted, without ever giving a concrete example (i.e. a Canlii link) or quote from immigration law to back it up.


http://laws.justice.gc.ca/eng/regulations/SOR-2002-227/page-24.html#h-29

Accompanying outside Canada

(4) For the purposes of subparagraphs 28(2)(a)(ii) and (iv) of the Act and this section, a permanent resident is accompanying outside Canada a Canadian citizen or another permanent resident — who is their spouse or common-law partner or, in the case of a child, their parent — on each day that the permanent resident is ordinarily residing with the Canadian citizen or the other permanent resident.


All is states is that a PR who is residing outside Canada with the Canadian citizen spouse is considered accompanying. There is nothing in the regulations that require it to have been the Canadian who decided or needed to move from Canada.

 

[Ponga]

That's not really an example though. A forum member said that a CIC employee told them something (and we all know how CIC employees are always right...) and then another forum member said a bunch of stuff, including what you quoted, without ever giving a concrete example (i.e. a Canlii link) or quote from immigration law to back it up.


http://laws.justice.gc.ca/eng/regulations/SOR-2002-227/page-24.html#h-29

Accompanying outside Canada

(4) For the purposes of subparagraphs 28(2)(a)(ii) and (iv) of the Act and this section, a permanent resident is accompanying outside Canada a Canadian citizen or another permanent resident — who is their spouse or common-law partner or, in the case of a child, their parent — on each day that the permanent resident is ordinarily residing with the Canadian citizen or the other permanent resident.


All is states is that a PR who is residing outside Canada with the Canadian citizen spouse is considered accompanying. There is nothing in the regulations that require it to have been the Canadian who decided or needed to move from Canada.

Somewhere along the way, many months ago, I found an article written by an immigration lawyer talking about this issue. In that article, he said that some people have ran into problems when it is the Canadian PR that facilitates the move. If I can find it again, I'll gladly post it in this thread.

And...did you notice that in the regulation that you provided, it states that it is the permanent resident that is accompanying the Canadian citizen; it doesn't say `or vice versa'.

 

[canuck_in_uk]

Somewhere along the way, many months ago, I found an article written by an immigration lawyer talking about this issue. In that article, he said that some people have ran into problems when it is the Canadian PR that facilitates the move. If I can find it again, I'll gladly post it in this thread.

And...did you notice that in the regulation that you provided, it states that it is the permanent resident that is accompanying the Canadian citizen; it doesn't say `or vice versa'.

The regulation states that to be considered accompanying, it requires the PR be residing with their spouse outside of Canada. Nothing more.