Failing Conditional Residency Requirement

[Cheeseburger]

I am a landed permanent resident of Canada, living with my spouse through spousal sponsorship. We did so much work to get here and were/are very committed to living in Canada. The move was recent and so I am still looking for work. The other day I was contacted by head hunter back where I used to live in the US. She saw my resume and the company the headhunter is recruiting for is VERY interested in me. In fact they would like to have an in person interview the week of Christmas (my wife and I will be in the US for Christmas to visit my family). Here is the issue. It is a tremendous opportunity with AMAZING pay, especially given my current experience level (a few years out of college). But I have moved to Canada and we really did want to live here. Furthermore, we have a condition on my permanent residency status that I have to live in Canada with my wife for at least 2 years. Obviously moving with my wife to the US now would violate that condition and I would lose my PR status.

So my big question is this... If I lose my PR status because we move back to the states, down the road, say 5 years, would I be able to reapply to be a permanent resident? Or because we failed to meet conditions the first time, would we have a real chance that we would be denied? If taking this opportunity means there is a real likelihood we will never be able to move to Canada again, then the price is far too high. But if I would able to reapply again and this wouldn't affect it, then I may need to actually give this opportunity some consideration.

It is so unfortunate that something like an amazing job opportunity, for us brings a lot of mixed and often sad emotions, when in a normal situation something like this would be purely celebrated. We are both so fortunate to finally be together, and while it appears things will always be a bit more work for relationships like ours, compared to those in a typical one, we are at the very least grateful to be able to get through it together.

I appreciate any advice you all may have. Thank you.

 

[missmatalini]

I could very well be wrong, but I think as long as you are living WITH your sponsor for the 2 years then you're fine. . . although I do think you're required to live in Canada for a certain amount of time over a space of a certain number of years.

My Husband and I were going to have to return to the U.S and we were told we could continue our application and land as a Permanent Resident and as long as we were living together (as per condition 51) that my residency wouldn't be revoked.
Hopefully someone more experienced can give better advise though. . .

 

[scylla]

You won't be in violation of conditional residency if your wife moves to the US with you. It would only be a problem if you were moving and your wife was staying.

 

[chipolopolo]

time spent outside canada with your canadian spouse or canadian child is counted towards residency requirement days. Just make sure to keep evidence such as lease with with in usa, phone bills indicating wife is with u etc..you should be fine

 

[Cheeseburger]

You won't be in violation of conditional residency if your wife moves to the US with you. It would only be a problem if you were moving and your wife was staying.

Are you sure about this? I was told by someone, perhaps incorrectly, that because we were not married for 2 years before applying, that the condition is that we must live in Canada together for a period of two years. That said, looking at my COPR it only mentions cohabiting and nothing about it having to be in Canada.

I was also told that AFTER those two years of living in Canada, only THEN could we move together to the United States without violating the condition, but was told we still had to move together or I would lose PR status (together isn't an issue, wherever we go it will be together).

 

[rhcohen2014]

Are you sure about this? I was told by someone, perhaps incorrectly, that because we were not married for 2 years before applying, that the condition is that we must live in Canada together for a period of two years. That said, looking at my COPR it only mentions cohabiting and nothing about it having to be in Canada.

I was also told that AFTER those two years of living in Canada, only THEN could we move together to the United States without violating the condition, but was told we still had to move together or I would lose PR status (together isn't an issue, wherever we go it will be together).

who ever gave you this information is wrong. the rule is for the couple to cohabitate for 2 years. it does not specifiy it must be in canada. as everyone else said already, as long as your wife is with you, you can live anywhere in the world as a canadian pr. after that 2 years, then you don't even need to live together, though she is still on the hook for you as a sponsor for 1 more year. in order to MAINTAIN your PR status, you must reside IN canada for a certain amount of days (1095?) every five years 5 years i believe.

 

[sam_1985]

I am pretty sure the requirement is to be TOGETHER and it's not TOGETHER AND IN CANADA; like other people told u, as long as she is with u wherever u go you are respecting condition 51; however u still have the obligation of living in Canada for 2 years in the five year period at any given time to maintain your PR; but moving to the US right shortly after becoming PR could look strange to CIC because they would think why did u even apply for PR in Canada if u r immediately moving back to the US? But otherwise don't really see an issue; call CIC and ask them just to be sure and if u want u can consult a reputed immigration lawyer (even though I think he might try to scare u so u use his services! Lol) your circumstance is understandable; it often happens so nothing unusual there... And if u r not in a rush to become a Canadian citizen so it doesn't impact u much!

 

[Cheeseburger]

who ever gave you this information is wrong. the rule is for the couple to cohabitate for 2 years. it does not specifiy it must be in canada. as everyone else said already, as long as your wife is with you, you can live anywhere in the world as a canadian pr. after that 2 years, then you don't even need to live together, though she is still on the hook for you as a sponsor for 1 more year. in order to MAINTAIN your PR status, you must reside IN canada for a certain amount of days (1095?) every five years 5 years i believe.

Just to clarify I must reside IN Canada for 1095 days every 5 years but that applies only if we are not living TOGETHER correct? So if we were living in the US together that would count towards that 1095 days? Sorry I just don't want to misinterpret it.

 

[sam_1985]

To maintain PR you must live in Canada for 2 years out of 5; but if you are accompanying a Canadian Citizen spouse then ur residency outside Canada counts towards ur 2 years to maintain PR status but not towards citizenship; the 1095 days is the days of physical presence u need in Canada to obtain citizenship; now given that u (the sponsored spouse) is having to leave for a job and ur Canadian citizen spouse is accompanying u I don't know how CIC treats it; but can certainly leave Canada for 2 years without jeopardizing ur PR as long as u guys r still together!

 

[rhcohen2014]

Just to clarify I must reside IN Canada for 1095 days every 5 years but that applies only if we are not living TOGETHER correct? So if we were living in the US together that would count towards that 1095 days? Sorry I just don't want to misinterpret it.

scratch the 1095 days, as the other poster stated, it's for citizenship.

you are confusing 2 different requirements. there is the condition 51, which requires you to cohabitate with your spouse for 2 years after landing as pr (anywhere in the world) AND there is a residency requirement to maintain pr status. one has nothing to do with the other. Theoretically, you can land, move back to the us and live there for 3 years with your wife and move back to canada for 2 years with no risk to your pr status or condition 51.

don't waste money on an attorney, they are either going to give you the wrong information, or have nothing more to tell you than you are getting right here, right now.

 

[keesio]

To maintain PR you must live in Canada for 2 years out of 5; but if you are accompanying a Canadian Citizen spouse then ur residency outside Canada counts towards ur 2 years to maintain PR status but not towards citizenship; the 1095 days is the days of physical presence u need in Canada to obtain citizenship; now given that u (the sponsored spouse) is having to leave for a job and ur Canadian citizen spouse is accompanying u I don't know how CIC treats it; but can certainly leave Canada for 2 years without jeopardizing ur PR as long as u guys r still together!

yes, you just need 730 days out of a rolling 5 year period in Canada to maintain PR. There are a few exceptions to this rule. One is if you live abroad but live with your Canadian spouse. Those days count as if you were living in Canada. So as long as you are living with your Canadian spouse, you are good no matter where in the world you live (just collect ample evidence to show CIC). Doesn't matter who leaves and who is accompanying. As long as you are living together... period

The 1095 days is current requirements for Citizenship (3 out of 4 years in Canada). The "living with your Canadian spouse outside Canada" thing does not work for Citizenship. So while you may be able to maintain your PR living with your Canadian spouse outside Canada, you'll not be able to qualify for citizenship unless you are physically living in in Canada. Note that starting next summer the requirement gets upped to 4 out of 6 years.

 

[QuebecOkie]

We did a lot of reading on this issue, as my husband (the Canadian) is military and could very well be posted OutCan again (we met while he was posted to the US). I worried that we'd jump through all of the hoops to get my PR, then we'd get posted back to the US or somewhere else outside of Canada, and I'd lose my residency. Nope! As long as he and I reside together, my time is counted as time in Canada (not for applying for citizenship, but for maintaining PR status).

You're good to go on residency requirements, as long as your spouse lives with you, so explore the opportunity, and make whatever decision is best for your family. Happy holidays!

 

[keesio]

We did a lot of reading on this issue, as my husband (the Canadian) is military and could very well be posted OutCan again (we met while he was posted to the US). I worried that we'd jump through all of the hoops to get my PR, then we'd get posted back to the US or somewhere else outside of Canada, and I'd lose my residency. Nope! As long as he and I reside together, my time is counted as time in Canada (not for applying for citizenship, but for maintaining PR status).

You're good to go on residency requirements, as long as your spouse lives with you, so explore the opportunity, and make whatever decision is best for your family. Happy holidays!

QuebecOkie - One of the places CIC does give more leeway to regarding residency is for members of the Canadian military stationed abroad. Not only for PR, but even for Citizenship. And I think not just for the person who is in the military posted abroad, but for any accompanying family members (in this case, that'd be you). I don't know for sure but I remember reading something about that in the past. Totally possible I misunderstood (or the rules have changed since) but it might be something worth exploring

 

[screech339]

QuebecOkie - One of the places CIC does give more leeway to regarding residency is for members of the Canadian military stationed abroad. Not only for PR, but even for Citizenship. And I think not just for the person who is in the military posted abroad, but for any accompanying family members (in this case, that'd be you). I don't know for sure but I remember reading something about that in the past. Totally possible I misunderstood (or the rules have changed since) but it might be something worth exploring

I think that only applies if OKIE served in the Canadian Armed forces. In other words, CiC will look at how long you SERVED the country instead of how long you lived in Canada. Otherwise, physical presence in Canada is still a requirement.