Maintaining PR staying with canadian citizen wife

[jssandhu]

hello every body.
I am a permanent residant of canada since december 2010 and i have left the canada alone but till date i am not completed two years out of five years but now my wife got/become canadian citizenship and wife also want to left canada and both trying to start living (husband & wife at same address ) together outside canada.
My questions are given below:-

(1)In this case my permanent residance status will be safe/ saved when living with canadian citizen wife because i spent one year & 2 month in canada .

(2) In year 2018 we want to go back canada permanently (but till 2018 we both will live together at same address outside canada) but my PR card will be expired in jan.2016 , can i eligible to apply for travel document to enter canada again ?
(3) Will the embassy will issue the PRTD(travel document) on the basis of 5 month spent in canada in 2014 but 48 month spent outside canada with canadian citizen wife between 2013-2018 ( past five years) to enter canada.
(4) After reaching canada . i can apply for my PR card renewal immediately on the basis that i lived continuously more then three years(between 2013-2018) with canadian citizen wife outside canada. or i have to left canada with my wife together or any other condition.

i request all on this forum pls suggest what the canadian rules about that.

 

[Leon]

If you never officially lost your PR status, you should be able to revive it if your wife joins you outside Canada.

In OP10 at http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf on page 31, you can read this:

R61(4), R61(5) and R61(6): Whether the permanent resident has satisfied their residency obligation through compliance with the criteria specified in R61(4), (5) and (6) for those permanent residents who are accompanying either a Canadian citizen or another Canadian permanent resident outside of Canada.

The burden of proof rests with the applicants to provide the necessary information and evidence to satisfy an officer that they are in compliance with the provisions of R61(4), (5) and (6). Examinations would typically address the following factors:

 whether the applicant is a bona fide spouse, common-law partner or “child“ of the person they are accompanying abroad;

 whether the applicant normally resides with the person they are accompanying abroad;

 whether the person the applicant is accompanying is a Canadian citizen or a permanent resident of Canada;
if the applicant is accompanying a permanent resident, whether that permanent resident is in compliance with their residency obligation.

Officers should consider all information and supporting documentation that could serve to provide satisfactory evidence that the applicant has complied with the legislative provisions for satisfying residency obligations while accompanying a Canadian citizen or permanent resident spouse, common-law partner or parent outside of Canada. Supporting documentary evidence, as applicable, may include the following: a marriage licence; child’s birth certificate; baptismal documents; adoption or guardianship documents; school records; employment records; association or club memberships; passport or other travel documents; employment letters and employment documents of the permanent resident being accompanied which indicate that the permanent resident is in compliance with their residency obligation; or documents indicating the status of the person being accompanied.

In the past, they have not really been going into who is accompanying whom so they would not have cared if you were actually the one working outside Canada so in fact your wife is accompanying you and not the other way around. However, I have heard that they are starting to make this an issue as well. If they make that an issue, they could say that you were already outside Canada working when your wife joined you. However, even if you are denied a travel document and lose your PR, your wife being a citizen can always sponsor you for PR again.

 

[Nunuc]

Hi,

Since I have raised the same issue a couple of posts back, what happens if both spouses are working outside Canada? My Canadian wife and I both live in the same city but work for different int'l organizations -how would their inquiries be satisfied in such matters? I find it quite confusing as to what needs to be proved in such cases but hope to rely on this if the worst scenario plays out and we can't find a similar jobs in Canada in the near future.

Thanks

 

[Leon]

Hi,

Since I have raised the same issue a couple of posts back, what happens if both spouses are working outside Canada? My Canadian wife and I both live in the same city but work for different int'l organizations -how would their inquiries be satisfied in such matters? I find it quite confusing as to what needs to be proved in such cases but hope to rely on this if the worst scenario plays out and we can't find a similar jobs in Canada in the near future.

Thanks

I think in your case it would be counted as your spouse is already working outside Canada and get her citizenship and then come to join you. It's a different case if say a couple both got PR, man works overseas, woman lives in Canada long enough to get citizenship and then joins him overseas to protect his PR. Immigration might see something like that as bending the rules and they might in that case say that the wife is accompanying the husband and not the other way around. However, I am not even sure if they could do much about it and in that case, it would definitely help too if the wife has a job as well.

 

[jssandhu]

thanks leon
my wife needs to join job of either canadian bussiness outside canada or my home country any job.

 

[Leon]

It is not even certain that you will have a problem if she is not working but it would be better if she did and the better job she has, even better. Since she is a citizen, there is no added benefit if she is working for a Canadian business but if she is working a full time high paying job, it would be easier for you to argue that you are accompanying her outside Canada than if she were working a part time low paying job.

 

[Nunuc]

Thanks a lot for your input. My wife was already a Canadian citizen when we met but I applied for PR only 8 years later after our daughter was born as we wanted to raise her in Canada. We have no ties to the country we are (property etc.) and plan to establish such ties in Canada now that my PR has been granted. However we want to first secure jobs et al in Toronto before taking moving over there full time - this could take a few months to a few years (as I need to build my own network of contacts in Canada). Having the accompanying spouse rule means that we can be thorough although our hope is that it will all resolve itself much sooner.

 

[jssandhu]

thanks leon for quick reply.
please tell me that my canadian citizen wife should join highly paid salary job of my home country organisation or canadian organisation working in my home country(candian company but also working/DOING bussiness outside canada).

 

[Leon]

thanks leon for quick reply.
please tell me that my canadian citizen wife should join highly paid salary job of my home country organisation or canadian organisation working in my home country(candian company but also working/DOING bussiness outside canada).

Is your wife so employable that she can pick and choose to work anywhere she wants? Like I said, it does not matter if it is a Canadian company. It can be any company but it should be a good job if you later have the need to convince immigration that you were staying outside Canada for your wife's career as well as yours. It is a question of who is accompanying whom. Of course they could still say she is accompanying you because you were there all along and she stayed just long enough to get citizenship, then came to join you. However, hopefully you won't have a problem with that.