boston-toronto said:
Hi, all,
a question on keeping PR RO by accompanying CC.
Husband landed as PR in 2008, PR card expired in 2013 and can't renew because he lives abroad most of time and not meeting RO. Later wife became Canada citizen this year and couple live together.
From the day that wife becomes a citizen, will it count for husband to meet PR RO if they live together , is husband eligible to apply for PRTD two years later?
Thanks.
Probably.
Generally, a PR living abroad together with a Canadian citizen spouse is given credit toward the PR Residency Obligation for the time shown to be actually living together, subject to sufficient proof of course (proof of qualified relationship with the citizen, proof of partner's citizenship, and proof of cohabitation).
There have been some isolated (at least they appear to be isolated, not at all common) cases in which CIC more strictly interpreted and applied the requirement that the PR be
accompanying the citizen spouse abroad. In the cases I recall, the circumstances were fairly extreme and clearly suggested abuse or exploitation of the system. One, for example, was a PR living abroad for a long, long time, who married a Canadian citizen abroad and subsequently (more than two years later) applied for a PR Travel Document, and was denied, denial upheld on appeal, the decision pivoting on the fact he had
not accompanied the Canadian citizen abroad.
I do not recall the particular circumstances in the other cases, although at least one similarly involved a marriage after the PR had stopped living in Canada and in that case the citizen spouse spent a few scattered few weeks and months each year with the PR in his home country, enough so that it added up to more than 24 months (730 days) total in five years, but again (best I can recall) the decision pivoted on the PR not having accompanied the citizen abroad.
Whether particular scenario in the query posed here might trigger that sort of extreme, more strict approach to assessing whether the PR is entitled to credit for time spent accompanying a Canadian citizen spouse I cannot guess. Again, living together is usually sufficient. Technically the credit is for a PR
accompanying citizen spouse abroad.
