PR living abroad count towards citizenship? Or retain PR Only?

[DTdude]

Hi all, may I know if an individual with PR status living abroad is eligible for counting towards the two out of five years in order to keep the PR if she is residing with a Canadian citizen while being overseas?

I refer to the below:
https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1466&top=10

Does it mean she can keep the permanent residency for as long as needed so long as she continues to live with a citizen? Also, if she lived abroad for three years out of five with the Canadian citizen, does that also qualify her towards her citizenship? Or does she have to stay for 730 days IN Canada while having her PR status?
https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=727&top=4#

Thanks all for your help!
Derek

 

[scylla]

Hi all, may I know if an individual with PR status living abroad is eligible for counting towards the two out of five years in order to keep the PR if she is residing with a Canadian citizen while being overseas?

I refer to the below:
https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1466&top=10

Does it mean she can keep the permanent residency for as long as needed so long as she continues to live with a citizen? Also, if she lived abroad for three years out of five with the Canadian citizen, does that also qualify her towards her citizenship? Or does she have to stay for 730 days IN Canada while having her PR status?
https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=727&top=4#

Thanks all for your help!
Derek

It only counts for retaining PR, it does not count for citizenship purposes. She must physically reside in Canada for citizenship.

Note that for the purposes of counting this towards PR, IRCC will sometimes apply the "who followed whom" rule. This essentially means that if the main reason they are outside of Canada is due to the Canadian citizen's obligations (e.g. job), the time can be counted. If, on the other hand, it's primarily due to the PR's obligations, then they may not allow it. However they don't apply this rule consistently.

 

[Kovurs]

Hi Scylla,

With regards to counting the time spent abroad, the following link (https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=1466&top=10) says that,
time could be counted if PR holder is working full time for a Canadian company abroad. However, I could not find any further details with regards to eligibility or nature of Canadian companies.

For instance, can PR holder incorporate a company in Canada as well as in abroad (as a branch office), and works as a full-time employee abroad, will that time be counted towards RO?

Or it is only applicable to Canadian armed forces / Missionary posts etc? Do you have any link or further information related to this?

TIA.

 

[scylla]

Hi Scylla,

With regards to counting the time spent abroad, the following link (https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=1466&top=10) says that,
time could be counted if PR holder is working full time for a Canadian company abroad. However, I could not find any further details with regards to eligibility or nature of Canadian companies.

For instance, can PR holder incorporate a company in Canada as well as in abroad (as a branch office), and works as a full-time employee abroad, will that time be counted towards RO?

Or it is only applicable to Canadian armed forces / Missionary posts etc? Do you have any link or further information related to this?

TIA.

You're asking about the residency obligation for PR and not citizenship, correct?

Read the full details in the manual. Short answer is that incorporating your own company in Canada and then sending yourself abroad will not work (otherwise everyone would just do this).

Start reading on page 25: https://www.canada.ca/content/dam/ircc/migration/ircc/english/resources/manuals/op/op10-eng.pdf

 

[Kovurs]

Hi Scylla, thank you for the reply and the PDF with detailed info. Much appreciated!

 

[canuck78]

In terms of counting time abroad with a spouse whether you both lived in Canada after your spouse got PR will likely factor into whether time counts. For example we see spouses land and return back home (or another location) with their spouse accompanying them right away without ever establishing themselves in Canada.