Who-accompanied-whom can matter for PRs living with citizen spouse abroad: UPDATE

[huiqin]

@dpenabill
Thank you so much for your explanation. It has been a while since you posted this, and I wonder if you've observed any recent changes on this topic. My partner and I are planning to move to Detroit while we currently live in Windsor. My partner will relocate there for school, and I will be working in Detroit. The plan is for me to move in May next year to start my job, but she won't join me until September, when the school year begins.
The tricky part is that she has yet to be a Canadian citizen but will submit her citizenship application before leaving Canada. However, we don't expect to receive a response by next September. We're concerned about whether I can start to count my residency obligation days towards the 1,090 or 730 days even after she obtains her citizenship status. This seems to be a concern based on your previous post, but I would like to hear your thoughts on this.
Given Detroit and Windsor's proximity, I am also considering commuting frequently. I will have accumulated about 730 days in Canada by next May, and I only need about one more year to reach 1,090 days.
Great to hear your thoughts on this

 

[scylla]

@dpenabill
Thank you so much for your explanation. It has been a while since you posted this, and I wonder if you've observed any recent changes on this topic. My partner and I are planning to move to Detroit while we currently live in Windsor. My partner will relocate there for school, and I will be working in Detroit. The plan is for me to move in May next year to start my job, but she won't join me until September, when the school year begins.
The tricky part is that she has yet to be a Canadian citizen but will submit her citizenship application before leaving Canada. However, we don't expect to receive a response by next September. We're concerned about whether I can start to count my residency obligation days towards the 1,090 or 730 days even after she obtains her citizenship status. This seems to be a concern based on your previous post, but I would like to hear your thoughts on this.
Given Detroit and Windsor's proximity, I am also considering commuting frequently. I will have accumulated about 730 days in Canada by next May, and I only need about one more year to reach 1,090 days.
Great to hear your thoughts on this

Note that time spent outside of Canada with a Canadian citizen spouse can sometimes be counted towards the PR residency obligation however this cannot be counted towards citizenship.

 

[canuck78]

@dpenabill
Thank you so much for your explanation. It has been a while since you posted this, and I wonder if you've observed any recent changes on this topic. My partner and I are planning to move to Detroit while we currently live in Windsor. My partner will relocate there for school, and I will be working in Detroit. The plan is for me to move in May next year to start my job, but she won't join me until September, when the school year begins.
The tricky part is that she has yet to be a Canadian citizen but will submit her citizenship application before leaving Canada. However, we don't expect to receive a response by next September. We're concerned about whether I can start to count my residency obligation days towards the 1,090 or 730 days even after she obtains her citizenship status. This seems to be a concern based on your previous post, but I would like to hear your thoughts on this.
Given Detroit and Windsor's proximity, I am also considering commuting frequently. I will have accumulated about 730 days in Canada by next May, and I only need about one more year to reach 1,090 days.
Great to hear your thoughts on this

Your situation is more complex since you will be relocating before your spouse and she wasn’t a citizen when you left. Sounds like she will only follow you once she has applied for citizenship so you will both be PRs when you relocate to the US. If you can’t use time abroad and lose your PR status then she can sponsor you again if you ever want to settle in Canada.

 

[huiqin]

Your situation is more complex since you will be relocating before your spouse and she wasn’t a citizen when you left. Sounds like she will only follow you once she has applied for citizenship so you will both be PRs when you relocate to the US. If you can’t use time abroad and lose your PR status then she can sponsor you again if you ever want to settle in Canada.

Thank you (and thank @scylla). I think this makes sense. I do see people commute daily from Windsor to Detroit. Do you see any problem with this approach (in addition to the tax complications)? If I keep my current residency in Windsor and commute daily to Detroit (less than 15 mins drive to office), I will not lose any days in Canada. However, would this be a red flag for IRCC?

 

[scylla]

Thank you (and thank @scylla). I think this makes sense. I do see people commute daily from Windsor to Detroit. Do you see any problem with this approach (in addition to the tax complications)? If I keep my current residency in Windsor and commute daily to Detroit (less than 15 mins drive to office), I will not lose any days in Canada. However, would this be a red flag for IRCC?

No issues. Make sure you keep a spreadsheet and track every single entry and exit from Canada.