Do We have to live together to get a citizenship?

[amjad1002]

Hi Everyone, My wife and I are in Korea and are thinking of moving to Canada in the future. She is a Canadian citizen and I am a pakistani. Say if we both move to Canada in the future and I get my PR. While I am waiting for my Canadian citizenship, can my wife leave Canada and work in another country if she finds a job there? Or do we have to reside together for me to get my citizenship?

 

[rjessome]

Hi Everyone, My wife and I are in Korea and are thinking of moving to Canada in the future. She is a Canadian citizen and I am a pakistani. Say if we both move to Canada in the future and I get my PR. While I am waiting for my Canadian citizenship, can my wife leave Canada and work in another country if she finds a job there? Or do we have to reside together for me to get my citizenship?

It doesn't matter if you and your wife are living together or not to qualify for citizenship. Currently, the requirement is that as a permanent resident, you are physically present in Canada for 3 out of the previous 4 years to be eligible to apply.

 

[BCgirl2012]

Because of the new law, you will have a conditional PR for 2 years (I am assuming you haven't submitted your application yet) and you will need to show CIC that you've lived with your partner as a couple for 2 years after receiving your PR, or you risk losing the permanent residency at that point.

The rest is exactly as rjessome already mentioned: 3 years out of 4 years for you to be eligible to apply for citizenship.

 

[Sweden]

Because of the new law, you will have a conditional PR for 2 years (I am assuming you haven't submitted your application yet) and you will need to show CIC that you've lived with your partner as a couple for 2 years after receiving your PR, or you risk losing the permanent residency at that point.

The rest is exactly as rjessome already mentioned: 3 years out of 4 years for you to be eligible to apply for citizenship.

I'm not sure that it applies in that case. The rule says that the couple has to live in a legitimate relationship for 2 years...


The spouse or partner must live in a legitimate relationship with their sponsor for two years from the day on which they receive their permanent resident status in Canada. The status of the sponsored spouse or partner may be revoked if they do not remain in the relationship.

so maybe if the person goes out but still maintain a relationship ( travelling etc), it should be fine?
Sweden

 

[BCgirl2012]

The OP didn't mention business trip. He's asking about the sponsor working and living in a different country than Canada while he waits in Canada for his citizenship.

The PR is granted so the couple can live together in Canada, and the two year CPR was put in place to make sure relationships of convenience won't end up with an unjust PR. Therefore, if it is OK for the couple to live in two different countries, it's almost as if they didn't come to Canada to be together. Rather, they came to Canada for the purpose of residency/citizenship.

I'm not implying that the OP is meaning to deviate from law. I'm merely pointing to the fact that there are risks involved in what he is asking about that might not be worth taking in the end.

 

[Rob_TO]

so maybe if the person goes out but still maintain a relationship ( travelling etc), it should be fine?

CIC wants to see cohabitation for 2 years. Here is how it's written up by CIC: http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob480.asp#sec02.4

To maintain their permanent resident status, the sponsored spouse or partner is required to cohabit in a conjugal relationship with their sponsor for a continuous period of two years after the day on which they became a permanent resident.

While the regulations require a “continuous” period of two years of cohabitation, from time to time, one or the other partner may leave the home for work or business travel, family obligations, and so on. CIC officers should follow existing guidelines when assessing a period of cohabitation where temporary or short separations have occurred. See OP 2, Section 5.35 for more information.

And from the mentioned OP2, sec 5.35: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

While cohabitation means living together continuously, from time to time, one or the other partner
may have left the home for work or business travel, family obligations, and so on. The separation
must be temporary and short.

So IMO, if one spouse remained in Canada while the other one left to work permanently in another country, that would NOT meet the criteria of "temporary and short", so they would not be cohabiting, and if CIC decided to act they could revoke the PR based on this. Of course this also depend how pro-active CIC will be after the 2-year probation period is up, and if they do full analyses on every single couple out there. My thinking is they will only act to revoke PRs when a sponsor makes a complaint or a relationship actually terminates. But i still wouldn't chance it.

 

[BCgirl2012]

So IMO, if one spouse remained in Canada while the other one left to work permanently in another country, that would NOT meet the criteria of "temporary and short", so they would not be cohabiting, and if CIC decided to act they could revoke the PR based on this. Of course this also depend how pro-active CIC will be after the 2-year probation period is up, and if they do full analyses on every single couple out there. My thinking is they will only act to revoke PRs when a sponsor makes a complaint or a relationship actually terminates. But i still wouldn't chance it.

I agree. The other option, however, is for the couple to move where the sponsor's job will be. As a PR accompanying his/her citizen partner, the residency obligations will be met, and the conditional PR will be satisfied, even though those two years won't count towards citizenship.

How CIC will be enforcing the CPR is what we will hear more probably in the next coming months, as the new permanent residence who applied after end of October will start to land. I wouldn't risk it either.

 

[amjad1002]

thanks for reply all and in my opinion that if we have baby before submitting PR case so on that time this rules will be not applicable my i right ??

 

[Rob_TO]

thanks for reply all and in my opinion that if we have baby before submitting PR case so on that time this rules will be not applicable my i right ??

Correct. Spouses with children are not subject to 2-year probation rule.

 

[AnaMaria]

If she gets a job in another country and you follow her and live with her in that country, the time is counted towards the PR residency requirement.

 

[amjad1002]

Dear Ana I did not get you ??
what you mean to say?

 

[SchnookoLoly]

There are two questions floating here and I think you're getting confused.

Requirement 1 is to maintain your PR status. To do that, you have to be either 1) living in Canada for 730 days in a 5-year period, or 2) living with your Canadian spouse for at least 730 days in a 5-year period.

So if your Canadian spouse takes a job in another country, and you live with her, you can maintain your PR status that way.

The bit about the two-year conditional rule is just that you and your sponsor have to continue your relationship, likely living together, for at least 2 years from the date that you land (not the same as the 730days-in-5-years thing) - as has been said, this is to stop marriages of convenience where someone gets PR and then immediately files for divorce.

Requirement 2 is for citizenship, and that's a bit more strict. To get Canadian citizenship (i.e., a Canadian passport) you have to be physically present inside Canada for 3 years in a 4 year period. Living with your spouse outside of Canada does NOT count towards this time - you have to be physically inside the country's borders. Once you fulfill 3 years in a 4 year period you can apply for citizenship.

Hope that makes a bit more sense!

 

[Reflectoman]

Requirement 1 is to maintain your PR status. To do that, you have to be either 1) living in Canada for 730 days in a 5-year period, or 2) living with your Canadian spouse for at least 730 days in a 5-year period.

So if your Canadian spouse takes a job in another country, and you live with her, you can maintain your PR status that way.

The bit about the two-year conditional rule is just that you and your sponsor have to continue your relationship, likely living together, for at least 2 years from the date that you land (not the same as the 730days-in-5-years thing) - as has been said, this is to stop marriages of convenience where someone gets PR and then immediately files for divorce.

Where are you referencing the 730 days period from? I just checked the cic website,http://www.cic.gc.ca/english/citizenship/become-eligibility.asp,

To become Canadian citizens, adults must have resided in Canada for at least three years (1,095 days) in the past four years before applying. Children under the age of 18 do not need to meet this requirement.

 

[BCgirl2012]

Where are you referencing the 730 days period from? I just checked the cic website,http://www.cic.gc.ca/english/citizenship/become-eligibility.asp,

Minimum of 730 days is necessary to retain the permanent residency.

 

[Reflectoman]

Minimum of 730 days is necessary to retain the permanent residency.

ah! ok.