Maintaining your permanent resident status in Canada comes with specific residency obligations that must be met. According to IRPA 28(2)(a)(ii), living outside of Canada with a Canadian spouse can count towards meeting these residency requirements. This provision can be a relief for many permanent residents who need to spend time abroad for various reasons, such as work commitments or personal circumstances.
Understanding how these exemptions work is crucial for successfully maintaining your PR status. Various factors can influence whether the time spent outside Canada with your spouse will count toward your residency obligation. Knowing which family members fall under this exemption, how long you need to be living abroad, and whether common-law partners or other types of relatives are included can help you make informed decisions.
In this article, we will cover essential aspects of meeting your PR residency obligations while living outside Canada with your Canadian spouse. This includes understanding which family members can benefit from this exemption, the duration required, and other important details. By the end, you will have a clear understanding of how to navigate this complex area of Canadian immigration law.
Which Family Members Fall Under This Exemption?
The first step in understanding how to meet your PR residency obligation under IRPA 28(2)(a)(ii) is knowing which family members can benefit from this exemption. The primary individual who qualifies is your Canadian spouse. If you are a permanent resident and you are married to or living common-law with a Canadian citizen, the time you spend living together outside Canada can count toward your residency requirements.
It’s important to clarify that not all family members are covered under this exemption. The law specifically mentions Canadian spouses and common-law partners. This means that other relatives, such as parents or adult children, do not qualify under this particular provision. Nevertheless, knowing that your Canadian spouse fits into this category can simplify the planning of your extended stays abroad.
For permanent residents, this includes both legally married spouses and common-law partners, provided the relationship meets the necessary legal definitions. Understanding this is vital for ensuring that the time spent outside Canada effectively contributes to fulfilling your residency obligations.
How Long Do I Need to Live Outside Canada with My Canadian Spouse?
The next crucial aspect is understanding the duration for which you need to live outside Canada with your Canadian spouse for it to count towards your residency obligation. According to Canadian immigration rules, you need to be physically present in Canada for at least 730 days (about two years) within a five-year period. However, if you are living outside Canada with your Canadian spouse, those days can be added to your Canadian residency days.
The 730-day requirement can be met through various combinations of time spent inside and outside Canada. For example, if you lived in Canada for one year and then spent two years abroad with your Canadian spouse, those two years abroad would count towards your residency obligation. Essentially, the days you live outside Canada with your spouse are treated as if you were physically present in Canada.
Keep track of the time you spend both in Canada and abroad. Accurate record-keeping can save you from future complications when renewing your PR card or if your residency status is questioned. Understanding how to calculate these days can simplify the entire process and ensure you meet your residency obligations seamlessly.
Does It Include Common Law Partners, Children, and Parents?
Another important consideration is whether common-law partners, children, and parents fall under this residency exemption. In the context of Canadian immigration law, common-law partners do qualify, provided the relationship meets legal standards. This means that if you are a permanent resident living outside Canada with your Canadian common-law partner, that time will also count towards your residency obligation.
However, the rules become more restrictive when considering other family members. Only a minor child (under 18 years old) who is a permanent resident, and is living outside Canada with a parent who is a Canadian citizen can take advantage of this rule. A child who is 18 or older living outside Canada with a Canadian parent cannot meet the residency obligation this way.
No other familial relationship is given any exemption under the law.
If you are a permanent resident and intend to live abroad, clarifying the status of your relationships can help you ensure that you meet residency obligations. Always keep legal documentation that supports your relationships, whether it’s marriage certificates or proof of a common-law relationship, as these will be essential when confirming your residency status.
Do I Submit a Normal PR Card Application?
When it comes time to renew your PR card, you might wonder if there’s a different application process if you’ve been living abroad with your Canadian spouse. You will still follow the standard PR card renewal procedure, but you will need to provide additional documentation that proves your time spent outside Canada with your Canadian spouse.
Submit your completed application form along with proof of your relationship, such as a marriage certificate or evidence of a common-law partnership. You will also need to provide documentation that shows you lived together outside Canada, such as rental agreements, joint bank account statements, or other relevant records. These documents will substantiate your claim and demonstrate that you have met your residency obligations through the time spent overseas with your Canadian spouse.
Collecting the necessary documentation in advance can make the renewal process smoother and quicker. While the procedures for renewing your PR card are straightforward, failing to provide comprehensive evidence could result in delays or complications. By understanding what is required, you can ensure a seamless PR card renewal process and maintain your permanent resident status without issues.
It’s important to remember that the responsibility is on the applicant to show that they fall under this exemption to the physical presence requirement with sufficient documentation. If the officer believes the applicant did not prove they live with their Canadian spouse, the application will be refused.
Conclusion
Meeting the PR residency obligation while living outside Canada with your Canadian spouse or common-law partner is possible under IRPA 28(2)(a)(ii). Understanding which family members fall under this exemption, the duration required, and the specific documentation needed can help you meet your residency obligations effectively. While the exemption applies to Canadian spouses and common-law partners, it does not extend to children or parents, making it essential to plan accordingly.
Submitting a normal PR card application with additional documentation will help substantiate your time abroad. Keeping detailed records and understanding the legal requirements can simplify the renewal process and ensure your permanent resident status is maintained.
For comprehensive support and expert guidance tailored to your unique situation, contact Doherty Fultz Immigration. Our team of immigration consultants in Toronto, Ontario, is ready to help you navigate the complexities of Canadian immigration. Reach out to us today.
