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Proving residency

Printed From: Canada Immigration and Visa Discussion Forum
Category: Canada Immigration Topics
Forum Name: Preserving Permanent Residence Status
Forum Description: How long can a permanent resident remain outside of Canada? Commentaries on preserving permanent residence.
URL: https://secure.immigration.ca/forum/forum_posts.asp?TID=1099
Printed Date: 08 Jul 2020 at 7:43pm


Topic: Proving residency
Posted By: dc
Subject: Proving residency
Date Posted: 09 Feb 2010 at 10:13am
My wife became a PR in 1996 while in University and we were married in 1999 shorty after graduation.  I am a Canadian citizen.  We had a child in 2000.  It was our decision that she would stay home to raise our child so she has never worked in Canada.  The last time she or I have left Canada was in 1997 for a 5 week period.  Since that time, all 3 of use (me, my wife, our child) have been in Canada.  We have jointly owned our primary residence since 1999 and are jointly in a mortgage on that property.

For reasons I don't want to get into (nothing to do with legal issues though), my wife has not applied for citizenship and her PR status has not been revoked.  Since we have not left the country, it has never been a priority for her to get a PR card.  However, now she would like to.  Therefore, my question is, how do we prove that she was in Canada for the entire time.  She has no employment record, all bills etc. were usually paid by me.  She has filed income tax returns for all of these years with 0 income.  Any help is greatly appreciated.



Replies:
Posted By: blackpearl
Date Posted: 09 Feb 2010 at 10:56am
The lack of entry stamps in her passport will prove that she hasn't leave the country.


Posted By: dc
Date Posted: 09 Feb 2010 at 10:57am
Thanks for the response.  However, her passport expired in 2005 and she hasn't renewed it.


Posted By: canvis2006
Date Posted: 09 Feb 2010 at 4:48pm
Don't worry about the expired passport, besides, since you (spouse) are a Canadian citizen, it should not matter much. Just all documents, such as doctor visits, child-related visits to daycares or to school, etc etc plus the joint mortgage...

I would suggest for her to apply for a new PR card, AND submit an application for Canadian citizenship as she is eligible.....

Check www.cic.gc.ca for all the details to apply for both the PR card and the citizenship grant.


Posted By: ecs
Date Posted: 09 Feb 2010 at 11:57pm
Since you are a Canadian Citizen, she should not have any issues getting her PR card extension. You can show the expired passport with no entry exit stamps to proove she was in Canada asll this time....Have all your documentation to support as well.
CIC is aware thats in cases where an applicant does not work or have bills in htier name, then documents from spouse can be used to support.

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Family Class
App Sent-1May09
CPC-M Returned - 28thMay
Resent:12Jun
Spon Appvd:03Sep
AOR(Buffalo):14Sep
PPR Request:23Nov
Landed:25Nov


Posted By: dpenabill
Date Posted: 18 Feb 2010 at 3:05am
Two observations:

Generally, supporting documentation to establish residency requirement is only required for persons who have spent more than 1095 days outside of Canada in the last five years, and the proof that needs to be submitted in such circumstances is about showing why that time abroad still counts (proof of relationship if it was accompanying a Canadian citizen spouse for example).

Secondly, the application itself requires the person applying to renew their PR card to give the address where they lived for every month in the previous five year period, as well as employment history for the last five years. And to specify all travel outside of Canada in the last five years.

These representations (subject to prescribed penalties if false), if they show presence in Canada for at least 730 days in the five year period, are generally sufficient proof (with some exceptions, mostly obvious exceptions, such as in cases where an immigration officer has issued a report that the applicant has not met the residency requirement) of meeting the residency requirement. Obviously, if CIC has reason to question this, they can investigate and follow prescribed procedures to remove someone if they have grounds to do so, but in a case like the one raised here, it seems unlikely that meeting the residency requirement will need to be proven by inclusion of any additional evidence.



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Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration



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