Maintaining permanent residency

[stevewbruce]

Hi all, can you tell me if the following still applies:
6.1. Accompanying outside of Canada

A28(2)(a)(ii) and (iv) provide that each day a permanent resident is outside of Canada
accompanying a Canadian citizen spouse, common-law partner or, in the case of a child, a parent
with whom they ordinarily reside, it is deemed a day of physical presence in Canada. Each day a
permanent resident is outside Canada, accompanying a spouse, common-law partner or, in the
case of a child, a parent who is also a permanent resident and with whom they ordinarily reside,
is also deemed a day of physical presence in Canada provided the spouse, common-law partner
or parent of the other permanent resident is employed on a full-time basis by a Canadian
business or in the public service of Canada or of a province.


My permanent residency was issues >5yrs ago but the arrival of children (plural) has hindered our move. We still want to move. My wife (and therefore children) are Canadian citizens.

Thanks in advance for your time.

 

[scylla]

The status of your children isn't relevant.

However if you wife is a Canadian citizen and if you live with her outside of Canada, each day you spent outside of Canada with her can be counted towards your PR residency requirement. You'll need to show proof that you've been living with your wife and her citizenship status.

Time spent outside of Canada can only be counted towards PR - not citizenship.

 

[stevewbruce]

The status of your children isn't relevant.

However if you wife is a Canadian citizen and if you live with her outside of Canada, each day you spent outside of Canada with her can be counted towards your PR residency requirement. You'll need to show proof that you've been living with your wife and her citizenship status.

Time spent outside of Canada can only be counted towards PR - not citizenship.

I thought that was the case, just confirming that it hasn't changed. Would you recommend renewing my PR card now to prevent any issues when I do move over?

 

[scylla]

I thought that was the case, just confirming that it hasn't changed. Would you recommend renewing my PR card now to prevent any issues when I do move over?

No - not if you're physically outside of Canada.

You must be physically in Canada to renew your PR card.

 

[stevewbruce]

No - not if you're physically outside of Canada.

You must be physically in Canada to renew your PR card.

Ok, one last question Scylla. Thanks for your time.
Before moving, we will be visiting Canada over the Christmas period. I will get a travel doc before leaving. Can I apply for my PR card giving my inlaws address whilst there? Would this itself cause any issues?

Thanks again for your time with this.

 

[scylla]

Yes - you can do that. There's always some chance they may ask you to come and pick it up in person (rather than mailing it) once it's ready. That's the one possible complication I see.

 

[stevewbruce]

Yes - you can do that. There's always some chance they may ask you to come and pick it up in person (rather than mailing it) once it's ready. That's the one possible complication I see.

I had thought of that, needs and musts I suppose.


Thanks again.