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Relinquish PR Status

bnm

Newbie
Dec 20, 2013
6
0
Hi All,

I've been a PR in Canada for over 2 years, after having been sponsored by my Canadian husband.

Unfortunately we must return to Europe and I will have to relinquish my status here in Canada.

My question is, will we be able to return to Canada, and will I be able to apply to PR once again?

I'm hoping that would be apossible as I know my husband wants to retire here.

Many thanks for any inputs.
 

Eowyn

Star Member
Feb 6, 2013
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As it stands today, if you are with your Canadian husband, you don't have to relinquish your PR.
 

Graihn

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Jul 15, 2013
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bnm said:
Hi All,

I've been a PR in Canada for over 2 years, after having been sponsored by my Canadian husband.

Unfortunately we must return to Europe and I will have to relinquish my status here in Canada.

My question is, will we be able to return to Canada, and will I be able to apply to PR once again?

I'm hoping that would be apossible as I know my husband wants to retire here.

Many thanks for any inputs.
Also, if you were to leave the country alone, you will have still met the 730 required days out of 5 years in Canada to keep your PR status.
 

Ponga

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Oct 22, 2013
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Eowyn said:
As it stands today, if you are with your Canadian husband, you don't have to relinquish your PR.
This is only true if the OP's husband is a Canadian citizen. If he is, you are correct in that she can live with him abroad and still have those days count towards her PR requirement. If he is not a citizen, but only has PR status in Canada, those days will not count.
 

canuck_in_uk

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May 4, 2012
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As said above, don't relinquish your PR. Days spent outside of Canada with your husband count towards your residency obligation. Provided that rule stays the same, you could be out of Canada with him for 20 years and still meet the PR residency obligation.

If the rule changes before you return to Canada and you no longer meet the RO, you will either be able to enter Canada without being reported by the border officers (this is likely given that you would be with your Canadian husband) or if they report you, your husband would need to sponsor you again.
 

bnm

Newbie
Dec 20, 2013
6
0
Thanks everyone for the replies!

My husband is a Canadian national. But the fact is that we will both me moving to Europe, and he will become a non resident in Canada. So I can't see how I will be maintaining my PR status that way...

I would like to do things by the book, and be able to re-apply 10 years from now. And that the thing I don't if it will be allowed or if it will be held against me that I gave it up, when I had it.

But if I can maintain the PR status all the better. Must research that I suppose.

Thanks again everyone!
 

rhcohen2014

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bnm said:
Thanks everyone for the replies!

My husband is a Canadian national. But the fact is that we will both me moving to Europe, and he will become a non resident in Canada. So I can't see how I will be maintaining my PR status that way...

I would like to do things by the book, and be able to re-apply 10 years from now. And that the thing I don't if it will be allowed or if it will be held against me that I gave it up, when I had it.

But if I can maintain the PR status all the better. Must research that I suppose.

Thanks again everyone!
by Canadian national, do you mean CITIZEN or PR?!?! as everyone is suggesting, it makes a difference. if he's a citizen, it doesn't matter if he won't be a resident of canada. if he's a PR, it does matter. i think you need to be more specific.
 

chakrab

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Mar 8, 2013
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bnm said:
Thanks everyone for the replies!

My husband is a Canadian national. But the fact is that we will both me moving to Europe, and he will become a non resident in Canada. So I can't see how I will be maintaining my PR status that way...

I would like to do things by the book, and be able to re-apply 10 years from now. And that the thing I don't if it will be allowed or if it will be held against me that I gave it up, when I had it.

But if I can maintain the PR status all the better. Must research that I suppose.

Thanks again everyone!
check the requirements for renewing PR. it states if one lives out of canada with a spouse who is a citizen, then that time can be considered for PR renewal. it doesn't matter if the citizen is a non-resident.
 

canuck_in_uk

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May 4, 2012
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bnm said:
My husband is a Canadian national. But the fact is that we will both me moving to Europe, and he will become a non resident in Canada. So I can't see how I will be maintaining my PR status that way...

I would like to do things by the book, and be able to re-apply 10 years from now. And that the thing I don't if it will be allowed or if it will be held against me that I gave it up, when I had it.

But if I can maintain the PR status all the better. Must research that I suppose.

Thanks again everyone!
http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf

Accompanying outside of Canada

A28(2)(a)(ii) and (iv) provide that each day a permanent resident is outside of Canada accompanying a Canadian citizen spouse, common-law partner or, in the case of a child, a parent with whom they ordinarily reside, it is deemed a day of physical presence in Canada.
 

bnm

Newbie
Dec 20, 2013
6
0
Awesome!!!

He is a Canadian citizen.

Thanks everyone, I really had no idea of this...that I could maintain my link to Canada via my husband.
 

Avadava

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Oct 11, 2013
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bnm said:
Awesome!!!

He is a Canadian citizen.

Thanks everyone, I really had no idea of this...that I could maintain my link to Canada via my husband.
Like others have said, you can maintain your PR status even if you are outside Canada, as long as you are with your Canadian husband.

Just don't forget to renew your PR card every 5 years. You will need to show evidence of living with your spouse outside Canada.
 

canuck_in_uk

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Avadava said:
Just don't forget to renew your PR card every 5 years. You will need to show evidence of living with your spouse outside Canada.
PR card renewal apps must originate in Canada. PRs outside Canada sometimes mail the app to someone in Canada and have that person mail it to CIC so that it "originates in Canada". However, CIC requires some people to pick up the card in person at a local office in Canada. If the PR doesn't get to Canada to pick up the card within 6 months, it's destroyed and they must apply again. The subsequent app would be scrutinized far more than the first, possibly with an RQ issued.

If OP does renew while outside Canada, she would need to make sure she is able to travel to Canada in case she must pick up her card in person.


Or she can just wait and send the app a few months before she returns to Canada permanently. OP is visa-exempt, so she doesn't need a valid PR card to return to Canada. If she is questioned by immigration about her expired PR card, she can show them the evidence that she still meets the RO because she has been living with her Canadian spouse while abroad and has applied for a renewal.