PR accompanying A Canadian Citizen - Special Case!!

[man1983]

Hi,

My wife is a PR. She received her renewed PR card on Feb 28, 2018.

She has been staying out of Canada for more than 18 months now due to our son's health needs. She is currently living in the ME. This is a temporary arrangement. Once our son shows enough progress she will be back to Canada.

As her husband, I'll get my citizenship soon and I already have possible GREAT job opportunities out of the country, precisely in the ME. I will be considering those once I achieve my citizenship in few months.

I want to know if I get my citizenship and then move to the ME accepting one of the job opportunities (while my wife is still staying there), would that count as she "accompanying" me so then she can counts this period towards her PR eligibility status or even towards becoming eligible for citizenship?

If that doesn't count since she is already in the ME and has been there for more than 18 months, what should be the right thing for her to do in order to be able to accompanying me in my movement to the ME while counting her time out of the country towards maintaining her PR status/Citizenship requirement?

Please let me know if I need to clarify it more for you to be able to help me.

Thank you all.

 

[Rob_TO]

IRCC regulations/rules clearly state that who is accompanying who, does not make any difference. As long as Canadian citizen spouse is living with the PR, that is all that counts.

There are court cases that suggest some judges have thought otherwise, but going by the rules I would be confident her time spent there with you (after you get citizenship) will count to her RO.

 

[dpenabill]

Generally, as long as the PR is living with the PR's Canadian citizen spouse, that time counts as if it was time in Canada. While the statute and rule refer to "accompanying" the real criteria employed focuses on cohabitation, on living together.

There have been exceptions. They tend to be more or less obvious abuses of the Canadian immigration system. They tend to be more egregious instances of abuse. Many if not most tend to involve a serious credibility issue (such as to the couple actually living together).

So as long as you are living together, there should be no problem.

Moreover, if you are the one with the job that keeps you abroad, even if there were questions that should resolve those in favour of credit for your spouse.

In particular, in the absence of any indication the situation is like one of the exceptions, there is very little or no reason to be concerned.

However, this latter observation is obviously based on all the other circumstances and background in the particular case.

Note: date your spouse renewed her PR card is NOT relevant to much if anything. Ongoing compliance with the PR Residency Obligation is the key factor.



What sort of situation is a potential exception?

As suggested, the exceptions really do appear to be EXCEPTIONS. It appears the PR and citizen must really push the envelope for there to be any risk that IRCC considers who-accompanied-whom.

BUT it happens. FOR A REASON. Not randomly.

Since it can happen, as it has happened, it might be helpful to consider a scenario which illustrates some potential risk. Thus, while the following is NOT relevant to your situation, as such, it might help illuminate a particular case which could, potentially, trigger concerns and a potential challenge to being given credit for time abroad living together:

PR1 sponsors PR2 (spouse), and while both PR1 and PR2 spend enough time in Canada to maintain compliance with the PR Residency Obligation, PR2 does not actually fully settle in Canada permanently. Overall PR1 spends barely enough time in Canada to qualify for and be granted citizenship. Following PR1 obtaining citizenship, PR1 relocates to country where PR2 is living and where PR2 has been more or less well-settled for some time, more so than in Canada. ​

I would not say this scenario will likely, let alone most likely trigger an assessment of who-accompanied-whom, BUT it seems to me to be one which is at some RISK. There are many other factors which could influence the nature and extent of the risk. For example, the more time and more settled in Canada PR2 was, prior to either relocating abroad, the lower the risk. Conversely, the less time and less well-settled in Canada PR2 has ever been, the greater the risk. While the nature and scope of citizen's settlement in Canada will likely be a significant factor, it is the PR's history which looms largest, and particularly so if the PR has never actually been permanently settled and living in Canada.

One potential factor I have not seen any reporting or cases about, but which objectively seems likely to be relevant, is whether or not, or to what extent, a PR abroad is in breach of the PR Residency Obligation before the citizen spouse joins the PR in living abroad together where the PR has been living. I suspect that a PR abroad who has not been physically present at least 730 days within the preceding five years, who is subsequently, in effect, joined abroad by a Canadian citizen spouse, might be subject to elevated scrutiny the next time there is a Residency Determination, whether that is attendant a PR Travel Document application or a PoE entry examination or attendant another PR card application.

 

[canuck78]

What is your son's status in Canada? There is no mention of his status. It is Also the time accompanying a Canadian citizen will only count for PR not citizenship.

 

[man1983]

Thank you all for your answers!

What is your son's status in Canada? My son is a Canadian citizen.

 

[canuck78]

I would encourage your wife to return to Canada and stay a while before you take a job in ME. I think you may run into concerns if your wife has lived in the ME for years and then you join her and start counting her accompanying days towards RO. Best to eliminate any stumbling blocks.