Counting the days abroad together

[solomonmatsuda]

I am a Canadian citizen. My wife and child were approved for permanent residency in summer of 2017. They landed at that time, got their PR cards, and we spent the following 3.5 months living in Vancouver. Due to a number of factors (primarily having the support of her family while our baby was an infant) we decided to move back to her home town in Japan, together, for a while in order to get our feet under us. We have been living together in Japan (I have a spousal visa here) but have now decided that we want to move back in time for our son to start kindergarten and grow up in Canada. The big question that we're trying to figure out is to what extent the clock is running down on their residency obligations, specifically whether or not the days that we've been living together abroad count towards the magic 730. From what I've read so far they "may" count as days in Canada since they were accompanying me (or vice versa) and we have been habitually living together this whole time. Any thoughts or insights would be HUGELY appreciated.

 

[solomonmatsuda]

I think the following applies?
I would still HUGELY appreciate any thoughts or insights on the matter.

https://laws-lois.justice.gc.ca/eng/acts/I-2.5/page-7.html#h-274598

Residency obligation

• 28 (1) A permanent resident must comply with a residency obligation with respect to every five-year period.
  
  
• Application
  
  (2) The following provisions govern the residency obligation under subsection (1):
  
  • (a) a permanent resident complies with the residency obligation with respect to a five-year period if, on each of a total of at least 730 days in that five-year period, they are
    
    • (i) physically present in Canada,
      
      
    • (ii) outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent,
      

 

[zardoz]

I think the following applies?
I would still HUGELY appreciate any thoughts or insights on the matter.

https://laws-lois.justice.gc.ca/eng/acts/I-2.5/page-7.html#h-274598

Residency obligation

• 28 (1) A permanent resident must comply with a residency obligation with respect to every five-year period.
  
  
• Application
  
  (2) The following provisions govern the residency obligation under subsection (1):
  • (a) a permanent resident complies with the residency obligation with respect to a five-year period if, on each of a total of at least 730 days in that five-year period, they are
    • (i) physically present in Canada,
      
      
    • (ii) outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent,

Yes, it does.

 

[Hurlabrick]

You may also need to provide proof that you were both together in Japan (utility bills in joint names etc.).

 

[schilz]

As long as you are a Canadian citizen, and you can prove that you were living together, you should be fine as days outside of Canada count in that case.

 

[Bs65]

Residency obligation days maybe but not citizenship days which must be physical days in Canada.

 

[hamgha]

Residency obligation days maybe but not citizenship days which must be physical days in Canada.

so if someone marries a canadian and they both live abroad the spouse can't apply for citizenship without actually living in canada?

 

[Buletruck]

Correct. I believe the only exception to that rule is for specific government positions posted overseas.

 

[zardoz]

so if someone marries a canadian and they both live abroad the spouse can't apply for citizenship without actually living in canada?

Absolutely correct, barring a very few exceptions. They will also need to be a Permanent Resident.

 

[solomonmatsuda]

Thank you, all!

 

[vensak]

attention, it is not that simple. they can ask question who accompanied whom. The thing is, what was your status while living with her in Japan? Why did you move to Japan? Was it just to accommodate her? Did you have work there? All that can matter.

The silver lining behind is that you can sponsor her again. As for your child, was he / she born in Canada? If not, were you born in Canada or are you naturalized Canadian? On that depends if your child is Canadian or not.

Another good thing is, that she has time until autumn 2020 to move back to Canada (that is to fulfill her residency obligations by being in Canada).