Time spent outside with Canadian spouse

[AusNuck]

Hello everyone

I would just like an understanding on the residency requirements for a PR outside Canada with a Canadian citizen/spouse.

History: I became a PR in 2007 and left for an employment opportunity in 2010. My PR card expired while I was still in Australia but I was able to return to Canada in 2012 without any issues as I still met the x amount of days requirement. I did'nt renew my PR card when I got back as I did'nt plan on leaving again and was going to just wait and apply for citizenship but due to a family illness I had to suddenly leave again in January this year.

By the time it's all said and done it'll add up to where i've been outside Canada 3 of the last 5 years so my question is this?

Is it true that as long as my Canadian spouse is with me (which she is), all time spent outside with her still counts as my time being in Canada? Meaning that when we return to Canada whether it be in 5 months or 5 years, I should have no problems entering as I have still met the residency requirements? Would entering without a current PR card be of concern also?

Thanks

 

[Leon]

Yes, time spent with your Canadian spouse outside Canada counts as time spent in Canada towards the PR residency requirements. Because you are visa exempt to Canada, you can fly without a PR card but when you get to immigration, you should tell them that you are a PR and show your expired card and explain the situation. If you opt to apply for a new PR card as soon as you arrive in Canada, you would need proof of your spouse living with you overseas.

 

[AusNuck]

Thanks for the quick reply Leon. I was 90% certain my spouse being with me counted as time spent in Canada but it's always good to get confirmation from those who know best though.

Thanks again

 

[Leon]

If you need this from CIC directly, you can find it here: http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf on page 10 where it says:

6.1. 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.