PR married to CC abroad

Hi

floppy wrote: Based on the information provided by CIC, there are a few ways to maintain PR status while outside of Canada. One of those entails living with a canadian citizen spouse while abroad. My question is, is there a way to notify CIC that a PR will be living abroad with a CC and therefore that those days should not count against the PR requirement? Or is that something that gets sorted out at the airport when you try to re enter Canada, say after 5 years?

It gets sorted out when you return to Canada. As long as a PR can prove that they have been residing abroad with the CC spouse, or a dependent child with their CC parent, their PR status is preserved.

floppy wrote: . . . what I wanted to know if there is something that can a PR can do to keep CIC informed of your current status. I have seen a few appeals where it would appear that CIC's default approach is to revoke residency when a PR has been abroad more than three years, without making much of an effort to see if any of the exceptions in IRPA apply. Basically, shoot first, ask questions later.

Foremost, for primary information as to what CIC (and probably CBSA at a POE) considers regarding compliance with the PR residency obligation, see the guide for applying for a new PR card and its explanation of the residency obligation, including its outline of what proof to submit when credit for time abroad is claimed. While the context for this is of course specifically about applying for the PR card (renewal of expired or expiring card), the information itself is generally applicable. Similar information would, for example, be relevant if a PR abroad applies for a PR Travel Document.

Additionally, there is is CIC web page with information about making an application for a Travel Document by a PR abroad, http://www.cic.gc.ca/english/information/applications/travel.asp. Likewise, this (or in links from this page) illuminates what may be submitted to show that a PR abroad is in compliance with the PR residency obligation.

I disagree with your description of how CIC or CBSA will approach the issue for a given PR. But, to be clear, it is a PR's obligation to show compliance in a number of situations, such as when a PR applies for a PR Travel Document abroad, when applying for a new PR card; and a PR (whether in possession of a currently valid PR card or not) can be asked residency related questions upon seeking physical entry to Canada at a POE.

In regards to the application for a PR Travel Document, it is incumbant on the PR to include sufficient information in the application for staff in the embassy to assess whether the PR qualifies for being issued a PR Travel Document. The burden is on the PR to show which exceptions apply, how, for how many days, and to document that with sufficient proof.

PMM outlined the necessary proof:

As long as a PR can prove that they have been residing abroad with the CC spouse, or a dependent child with their CC parent, their PR status is preserved.

What this means, in detail, for the PR spouse of a Canadian citizen, for example, is proof of:
-- marital relationship
-- proof of the spouse's Canadian citizenship
-- proof of actually living together (cohabitating) including dates

The application for the PR TD clearly calls for this information. The checklist clearly specifies necessary "supporting documents."

Note: some embassies have specific requirements; there is a link to this information at the web page linked above.

Also note: the checklist states:

* any other documents that you want to have considered

Big clue: documents YOU (as in the PR applying for the PR TD) WANT to have considered. The burden is clearly, absolutely on the PR.

This is entirely upfront. No shooting first and asking questions later. The question is posed, clearly posed.

And it makes sense: the PR living abroad is asking that an exception be granted, that they be deemed to have complied with the residency obligation even though in fact they have not been living in Canada. This is available as an accommodation to Canadian citizens with PR spouses and children.

BTW: technically Canadian citizens living abroad should advise the applicable embassy of their address abroad. Most do not. Probably most by a huge margin do not, unless and except when there is a major crisis or conflict in the area. But, the citizen certainly can do this.