US citizen PR / Canadian citizen cross-border

[dawosura]

Greetings all,

My spouse is a US citizen, permanent resident of Canada. I'm a Canadian citizen.

For a variety of reasons (it's complex), we are considering living on both sides of the border — myself in Canada and my spouse in the US, with regular cross-over (most frequently me visiting the US, but it would be both ways).

If we keep close track of travel, such that we're clearly together more than the 2 years out of 5 requirement, would there be any issue maintaining my spouse's Canadian PR?

Thank you!

 

[scylla]

Greetings all,

My spouse is a US citizen, permanent resident of Canada. I'm a Canadian citizen.

For a variety of reasons (it's complex), we are considering living on both sides of the border — myself in Canada and my spouse in the US, with regular cross-over (most frequently me visiting the US, but it would be both ways).

If we keep close track of travel, such that we're clearly together more than the 2 years out of 5 requirement, would there be any issue maintaining my spouse's Canadian PR?

Thank you!

Your spouse needs to live in Canada for 2 years out of 5 to keep PR status. It's not about the two of you keeping track of your time together - it's about your spouse keeping track of the days lived in Canada and ensuring it's at least 730 days out of every rolling five years.

 

[zardoz]

Greetings all,

My spouse is a US citizen, permanent resident of Canada. I'm a Canadian citizen.

For a variety of reasons (it's complex), we are considering living on both sides of the border — myself in Canada and my spouse in the US, with regular cross-over (most frequently me visiting the US, but it would be both ways).

If we keep close track of travel, such that we're clearly together more than the 2 years out of 5 requirement, would there be any issue maintaining my spouse's Canadian PR?

Thank you!

If you are looking for the "accompanying Canadian spouse" exemption to the residency obligations, I suspect that you might be on extremely thin ice trying to do it this way... Otherwise, as @scylla has said, your spouse is individually responsible for confirming to the 730 days in 1825 days physical presence requirements.

 

[scylla]

If you are looking for the "accompanying Canadian spouse" exemption to the residency obligations, I suspect that you might be on extremely thin ice trying to do it this way... Otherwise, as @scylla has said, your spouse is individually responsible for confirming to the 730 days in 1825 days physical presence requirements.

Yep - agreed with all of this. The accompanying Canadian spouse thing won't work since the Canadian is clearly living in Canada.

 

[dawosura]

That's what I was thinking, yes — accompanying Canadian spouse.
Ok, I follow your reasoning. Thank you for the responses!