My wife just got PR but needs to go back to US

[Roni07]

I'm a Canadian citizen sponsored my wife from US. My wife had booked in a short trip to come see me in Canada and shortly after that she got her PR. Since the PR has a two month time frame, she is planing to enter Canada with it and check in. But she needs to go back to US after her visit. Would that be a problem for CDN immigration if I'm not accompanying her ?
She is also flying in for Christmas. Would Canada customs give her a hard time since she had to return to US after he got her PR card ?
During Christmas we are planing to drive to the US and back to Canada then she would fly home in US. Would Canada customs give us any trouble?

Also she is worried that if she can;t find a decent job in Canada, I might move down to the US instead. So I told her that as long as we live together in US her PR time should be counted. Does this mean that we have to both leave (accompany me) Canada together to move down to US to live together OR ca i just move down on my own ? thanks

 

[Msafiri]

1. Your wife must land during the validity of her PR Visa.

2. Once she lands CIC will process her PR Card and mail it her Canadian address.

3. The PR Card is her status document for travel to Canada. It has also increasingly through 'function creep' become the only acceptable proof of PR status for bureaucratic processes e.g. getting a DL, Provincial Health Coverage, college admission, opening bank accounts etc

4. If she doesn't have the PR Card by the time she needs to travel then she can enter Canada on the strength of presumably her US passport/ Green Card and landing documents/COPR. Upon arrival at the border CBSA will process her as a PR. If she doesn't hold either a US Passport/ Green Card or a visitor visa exempt passport to Canada then she can only re-enter via a US/ Canada land border if using non commercial means unless she has a PRTD. Note PRs who hold a visit visa exempt passport to Canada but not a valid PR Card will after March 15, 2016 need an electronic travel authorization to fly into Canada.

5. Subject to compliance with the RO (730 days of physical presence in each 5 year rolling period) she should be ok to travel back and forth from/to Canada. Accompanying a Canadian Citizen spouse abroad under the current legislation protects her RO since absences from Canada in this instance are disregarded and considered 'In Canada' presence days. To avoid legal semantics in case there is ever an issue and CIC decide to report/revoke her PR status its better if she goes with or after you to the US long term for the job so that way there is no argument she is accompanying you. Keep a record of all her travels and days you reside together. You will need this when it comes time for PR Card renewal. Keep monitoring the laws too as they change.

 

[Roni07]

Thank you! Does this mean that every time my wife leaves Canada I have to accompany her ?
or is she OK leaving on her own as long as she maintains 730 days physical presence in 5 years, including that fact that we will be leaving together in the US ?

as understand it, it's better if we both leave Canada together for US or I move down first and she follows ?
What if she moves down first and I follow ?

 

[Msafiri]

Thank you! Does this mean that every time my wife leaves Canada I have to accompany her ?
or is she OK leaving on her own as long as she maintains 730 days physical presence in 5 years, including that fact that we will be leaving together in the US ?

as understand it, it's better if we both leave Canada together for US or I move down first and she follows ?
What if she moves down first and I follow ?

1. RO compliance can be met via any combination of own physical presence days and accompanying citizen abroad days

2. Its better if you either move together (first time) of if you move first then she follows (even if this is a day later). This way you are not caught up in a 'what is the correct accompanying definition' later on when dealing with CIC!!