Spouse married to Citizen residing abroad

life8459 wrote: Hi everyone, I am a Canadian citizen and I sponsored my spouse and she became a landed immigrant in Canada on May-2013. We now have to make a choice of staying in Canada (and facing bleak job prospects) or moving abroad for better work opportunities. I understand that my wife can preserve her PR status as long as she is accompanying me abroad but I want to know to what extent does the government allow this ? If we live abroad for an indefinite period of time will it still be possible for her to renew her PR card and make a visit to Canada every five years without the government raising eyebrows ? If CIC notes that we dont have any ties in Canada (no property, job, or other ties) and are living continuously in a different country all the time why would the still be interested in preserving my spouse's PR status ? Also what are the chances that the government could change this rule in the future to refuse spouse's from renewing their PR status indefinately from outside canada without staying the pre-requisite time within Canada. If anyone has been in this situation can you please tell me what sort of documents CIC asks for for each PR card renewal and what kind of proof do they ask for to show you were accompanying your spouse abroad.

PR card renewal is for Permanent Residents present in Canada (and presumably residing in Canada).

A PR living abroad does not need to renew the PR card in order to retain PR status so long as they meet the residency obligation by qualifying for one of the alternative methods of meeting the residency requirement, such as through time spent accompanying a Canadian citizen spouse.

But, yes, however, this would make travel to Canada inconvenient, since a Travel Document would be required for each trip to Canada.

And, yes, the provisions governing the PR residency requirement may change in the future. There are no plans to do so as far as I have seen. A major change that would eliminate or substantially alter the exception for accompanying a Canadian citizen spouse abroad does not seem likely for the foreseeable future. But, yes, it is possible and so yes, any one in this situation should continue to monitor Canadian immigration rules governing PRs.

Proof of "accompanying" the Canadian citizen spouse can vary as much as people's lives vary, but for a couple in a genuine marital relationship who are in actual fact sharing a household abroad, it should not be difficult: proof of marital relationship plus proof of joint/shared occupancy of same place of abode should suffice. Of course the Canadian's citizenship must also be proven (passport usually sufficient, although this may need to be corroborated in some instances by presentation of additional forms of identification).

Thus, basically, a couple who are in fact a genuine couple living abroad, should face little difficulty in periodically obtaining a Travel Document to facilitate travel to Canada. Obviously, the longer the PR is outside Canada the more the Visa Office is likely to scrutinize the circumstances, but even if it is for many, many years, the genuine couple should not have problems in this regard.

And, note, anyway, a PR who is in fact living abroad (including with a Canadian citizen spouse) is more likely to face elevated scrutiny at the POE even though they possess a currently valid PR card. Such a PR returning with a Travel Document is not. For PRs genuinely accompanying a Canadian citizen spouse abroad, submitting the proof of relationship and cohabitation in an application for a Travel Document will actually create a far better record documenting compliance with the PR residency obligation, rather than trying to carry proof in one's hand sufficient to avoid problems at a Canadian POE. (Of course, in either circumstance, with PR TD or PR card, travel to Canada accompanying the Canadian citizen spouse makes it easier in any event.)

One area where some cases have suggested problems arise is where the Canadian citizen was not established in a permanent residence, in fact, in Canada at the time the sponsored PR landed, particularly if the couple spent a relatively little amount of time living in Canada following the landing. I am not sure what the particular thought-process is at CIC, or in Visa offices abroad (relative to applications for a Travel Document), but I suspect it is along the lines of either concerns whether the original sponsorship application included some material misrepresentation (such as regarding sponsor's residence in Canada) or whether the circumstances controvert the "accompanying" condition. Here too, basically, any couple that have been in fact, and for longer than temporarily, residing in Canada following the sponsorship and landing, should have no concerns, no difficulties.

I bring this up in the context of your query because it has not been that long since your spouse landed. (Two months ago?) If you were living in Canada long-term prior to sponsoring your spouse, probably no cause to be concerned about this at all.



Observation regarding common practices by many such PRs
It is apparent that many, many PRs in similar situations do something akin to what you suggest you might do: periodically make a brief return to Canada in order to facilitate obtaining a renewed PR card.

Yes, this does indeed appear to be a common practice.

Personally I think it is a bad idea. While in the past all sorts of game-playing with the rules has worked, often easily, going forward CBSA and CIC are monitoring presence and residence and entries into Canada far more extensively than ever before. It is not a good idea to declare that one's residence is in Canada when it really is not; temporary residence may meet the technicality of the rules, but more and more CBSA and CIC are going to identify PRs doing this and scrutinizing them more closely. And playing so close to the technicalities is like walking a curb, which most of us can do easily, except instead of a drop of fifteen cm, the drop is more like 10 or 15 metres: a small misstep can be a big problem and it is not worth the risk. If CIC perceives a PR to have made a material misrepresentation in the application for a new PR card, that can be grounds for Removal, to in effect revoke PR status. (Can also be grounds for a criminal prosecution.)

Since it is not necessary to have a currently valid PR card to retain PR status, all one is doing is taking this risk in order to avoid the inconvenience of obtaining a Travel Document for trips to Canada.

Moreover, having a currently valid PR card does not determine whether the PR is in compliance with the PR residency obligation. Thus, for example, any PR who has been outside Canada for more than three years in the previous five years can be, and often will be, subject to a residency obligation examination upon returning to Canada even if they possess a currently valid PR card.

As I noted above, it is probably easier to submit (and in doing so create an actual record) proof of relationship, cohabitation, and spouse's citizenship, with the application for a Travel Document than it is to have in one's hands sufficient proof to avoid issues upon arriving at a Canadian POE, so the advantage of obtaining and keeping a currently valid PR card is relatively minimal.

MajidS wrote:   For argument's sake, let's use an imaginary example that may raise a red flag ... Say you used to work in Dubai. Applied for your wife's PR. Swore to CIC you will go back to Canada. Took a few months vacation from your current employer. Packed up and left Dubai, thus proving to CIC in you cancelled all your overseas ties and are back in your "homeland", only to leave for Dubai again after a few months in Canada back to your old job. In this specific example, one would be contravening the "intent" and CIC would have an exuse to withdraw PR status based on "misrepresentation".