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Covid: PR residency requirement.

cato

Newbie
May 8, 2018
3
0
Is anyone aware of whether or not the pandemic / travel restrictions are likely to have any impact on residency requirements?

I luckily had my PR approved just before lockdown last year, and was able to land in May 2020, but have since returned to the UK. My wife was here over the winter and we were planning to maintain a residency in the UK and spend time over the next five years in Canada and the UK.

I know IRCC are allowing grace on the time limit for landing due to covid but cannot find any information relating to whether they intend to similarly make exceptions for failure to make up residency days. The current outlook is not good and there is no sign of things getting better this year!
 

scylla

VIP Member
Jun 8, 2010
95,834
22,109
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Is anyone aware of whether or not the pandemic / travel restrictions are likely to have any impact on residency requirements?

I luckily had my PR approved just before lockdown last year, and was able to land in May 2020, but have since returned to the UK. My wife was here over the winter and we were planning to maintain a residency in the UK and spend time over the next five years in Canada and the UK.

I know IRCC are allowing grace on the time limit for landing due to covid but cannot find any information relating to whether they intend to similarly make exceptions for failure to make up residency days. The current outlook is not good and there is no sign of things getting better this year!
PR residency rules remain the same. There are no exceptions or leniency due to the pandemic and none are expected since this would require an act of parliament to change this law. The good news is that if you only landed in May 2020, you still have tons of time. The residency requirement is 2 out of 5 years in Canada. You have until May 2023 to return.

If your wife is a Canadian citizen, the time you spend with her outside of Canada may count towards the PR residency obligation. Note the word "may" due to the who accompanied who rule that IRCC often applies to these situations.
 

cato

Newbie
May 8, 2018
3
0
PR residency rules remain the same. There are no exceptions or leniency due to the pandemic and none are expected since this would require an act of parliament to change this law. The good news is that if you only landed in May 2020, you still have tons of time. The residency requirement is 2 out of 5 years in Canada. You have until May 2023 to return.

If your wife is a Canadian citizen, the time you spend with her outside of Canada may count towards the PR residency obligation. Note the word "may" due to the who accompanied who rule that IRCC often applies to these situations.
Thank you. I actually posted a bit prematurely there and found a similar thread discussing this!

I've not heard about this who accompanied who rule... does this mean that we have to physically exit canada together to count? In our case my wife flew to join me in the uk this last trip so I hope this counts!
 

scylla

VIP Member
Jun 8, 2010
95,834
22,109
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thank you. I actually posted a bit prematurely there and found a similar thread discussing this!

I've not heard about this who accompanied who rule... does this mean that we have to physically exit canada together to count? In our case my wife flew to join me in the uk this last trip so I hope this counts!
The who accompanied who rule relates to why you are outside of Canada. IRCC seems to be applying this rule more strictly in recent times as it relates to RO.

And no - it's not about how you left Canada.

Basically it's about why you are outside of Canada. If you are outside of Canada primarily due to the Canadian citizen (i.e. the Canadian citizen was the one who had a job outside of Canada) and the PR spouse accompanied them outside of Canada, then it counts. If it's the other way around (unfortunately it sounds like that's your case) and the Canadian citizen is the one "accompanying" the PR outside of Canada due to employment reasons, then it's a dice roll whether IRCC will let you count this or not. IMO your situation very clearly falls under the second category so I would say you should not count on the ability to include time outside of Canada towards your residency obligation.
 

canuck78

VIP Member
Jun 18, 2017
55,587
13,518
The fact that you don't seen to have lived with your spouse for any significant amount of time before leaving would also factor into whether you can count time living with your Canadian spouse. There are people who have essentially landed in Canada and returned to their job, home and life abroad and their Canadian spouse moves to their home country but expect to be able to count their time together towards their RO. The rule is intended to not limit the Canadian citizen if they need to live abroad after they have established a life in Canada with their spouse.
 

scylla

VIP Member
Jun 8, 2010
95,834
22,109
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
can I still travel and land in Canada if I never received a single covid 19 shot?
No - you can't. You have to be fully vaccinated.
 

scylla

VIP Member
Jun 8, 2010
95,834
22,109
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010

canuck78

VIP Member
Jun 18, 2017
55,587
13,518
lol okay I m convinced now . I still don't have a single covid 19 shot oh GOD . It's annoying to see how governments are forcing us to get vaccines when we all can see these vaccines are almost ineffective
They aren’t almost ineffective. They have prevented a lot of deaths and hospitalizations.
 
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