Mainting PR status for Citizenship while outside Canada

[inventov]

Hi,

I am a Canadian citizen living in Canada. My wife went to work on a two-three year project in Europe with the kid, after applying for Canadian Citizenship. At the time applied she met all the requirements to apply. She then passed the Cizitenship test in Jan 2014, but a month after she received the infamous RQ.

We understand that this RQ will significantly increase the processing time on her application, and she's already been out there for 9 months (left Jun 2013). Her PR card is valid until 2017, but we are not sure how she can retain the PR status so she can come for an eventual Citizenship Oath, in one or two years from now.

My question is, will she maintain the Canadian PR status for Citizenship while she is in Europe and me in Canada. Or should I move there with her? I heard that if someone accompanies a Canadian Citizen outside Canada it retains the PR status, but I am not sure if that applies for permanent residence or citizenship.

Any help is appreciated,
Thanks.

 

[chakrab]

as far as i know, it only applies when the applicant is accompanying a citizen, who is on a job related trip.

 

[inventov]

as far as i know, it only applies when the applicant is accompanying a citizen, who is on a job related trip.

I read that there are 2 types of residence, one for maintaining the PR status and one to be eligible for citizenship. Not sure though.

Is there anything that I(she) can do to maintain the status?

 

[scylla]

You need to be living outside of Canada with her for her days spent outside of Canada to count towards her PR residency requirement.

For citizenship she needs physical presence in Canada. She can't count the days outside of Canada (even if you are living with her).

 

[scylla]

And just to clarify...

The residency requirement to retain PR status is 730 days (2 years) out of every 5 rolling years.

The residency requirement to qualify to apply for citizenship is currently 1095 days (3 years) out of the last 4 years before applying. ***Note that a bill has been proposed to increase this to 4 years out of 6.***

 

[inventov]

Scylla,

I am a bit confused about the two definitions of permanent residence. When you mention "for citizenship she needs physical presence in Canada." this would mean that the days outside Canada can't be counted for when you apply for citizenship? If so, then there's no need to worry about that, because she already applied for that and took the test.

So, if I leave with her outside of Canada she will be able to maintain the PR status and return later for the oath?

I appreciate it.

 

[scylla]

Ah - I see what you're asking. Yes - if she's already applied for citizenship, then she doesn't need to worry about the citizenship residency requirement.

However she does need to continue meeting the PR residency requirement (730 days out of every 5 rolling years) until she actually becomes a citizen.

Since you are not living outside of Canada with her, the days she is spending outside of Canada right now DO NOT count towards her PR residency requirement. I don't know if you can leave her outside of Canada and she will be able to maintain her PR status. You'll have to do the math and figure that out.

 

[inventov]

I guess that I have to move to southern France then

But how do I prove the Government that I moved there? Whom should I contact?

 

[keesio]

She is abroad working for a Canadian company?

 

[chakrab]

OPTION 1. Accompanying a Canadian citizen outside Canada

You may count each day that you accompanied a Canadian citizen outside Canada provided that the person you accompanied is your spouse, common-law partner or parent (if you are a child under 22 years of age).

Evidence required

You must provide supporting documents to prove that:

The person you are accompanying is a Canadian citizen; and
You are the spouse, common-law partner or child of that person.
Supporting documents may include:

marriage license or evidence of common-law partnership (mandatory if you are accompanying a spouse or common-law partner)
child’s birth certificate, baptismal document, or adoption or guardianship document (mandatory if you are accompanying a parent)
all passports or other travel documents of the person you are accompanying used in the five (5) years before the application (mandatory)
school or employment records
association or club memberships
documents showing the citizenship of the person you are accompanying, including the date the person became a Canadian citizen (mandatory)
evidence of the residential addresses of the person you are accompanying for the five (5) years before the application (mandatory)
any other documents that you want to have considered

 

[chakrab]

this one will be where you may have issues

evidence of the residential addresses of the person you are accompanying for the five (5) years before the application (mandatory)

you may have to find a residence under your name in europe while you are there.

 

[canuck_in_uk]

I guess that I have to move to southern France then

But how do I prove the Government that I moved there? Whom should I contact?

You don't have to move there at the moment.

At any point in time, she needs to have 730 days in Canada in the previous 5 years. If your wife was living in Canada for the 2 years prior to leaving in June 2013, she can stay out of Canada until June 2016 and still be able to meet the PR residency requirement.

 

[inventov]

She is abroad working for a Canadian company?

No, not for a Canadian company. But I could probably arrange for myself to be one my employer's payroll while outside Canada. Would that be a good idea?

 

[inventov]

Yes, she's been here in Canada since 2009 until 2013, with maybe 1-2 months away.

@canuck_in_uk - "If your wife was living in Canada for the 2 years prior to leaving in June 2013, she can stay out of Canada until June 2016".

I guess this is true until they change the residency definition, to 183 days a year.. :?

 

[inventov]

this one will be where you may have issues

you may have to find a residence under your name in europe while you are there.

That will be indeed difficult, especially in France where they don't want to rent to non-residents easily.