Naman

Andrew,





I found this info to be incorrect, according to many posts by you or
others I understand that PR status can only be maintained if one stays
in Canada for 3 years out of 5 years. The info on below site says that
if Mr X is permanent resident of Canada and spouse is also permanent
resident of Canada and if both are out of Canada more than 3 years
still it can be counted as residency. In the past I read that only if
Permanent resident is out of Canada with Canada Citizen spouse then
only Canada residency can be maintained even if you are out of Canada.

The confusion is how about husband and wife both permanent residents of
Canada and stayed out of Canada more than 3 years in past 5 years not
working for Canada govt out of Canada.

Your comments please:







Here is link with wrong info that says both PR husband and wife can be
out of Canada and can still maintain residency

http://soscanada2000.com/obofperresim.html



â€

Nick B.

This link is wrong, it seems. The deemed presence in Canada only applies to
those accompanied by Canadian citizens. If two Permanent Residents, spouses
or common law partners or parents, leave the country together, they cannot
provide each other with the ability to get out of the 3/5 rule.

If, however, Citizen Mr. X takes his PR Wife Mrs. X and their PR minor
child, Mr. Y, abroad for whatever reason, and they normally live together,
then the time out of Canada counts for the purpose of residency as time in
Canada.

Make sense now?

"Naman" <member18770@british_expats.com> wrote in message
news:...
    > Andrew,
    > I found this info to be incorrect, according to many posts by you or
    > others I understand that PR status can only be maintained if one stays
    > in Canada for 3 years out of 5 years. The info on below site says that
    > if Mr X is permanent resident of Canada and spouse is also permanent
    > resident of Canada and if both are out of Canada more than 3 years
    > still it can be counted as residency. In the past I read that only if
    > Permanent resident is out of Canada with Canada Citizen spouse then
    > only Canada residency can be maintained even if you are out of Canada.
    > The confusion is how about husband and wife both permanent residents of
    > Canada and stayed out of Canada more than 3 years in past 5 years not
    > working for Canada govt out of Canada.
    > Your comments please:
    > Here is link with wrong info that says both PR husband and wife can be
    > out of Canada and can still maintain residency
    > http://soscanada2000.com/obofperresim.html
    > - describe "accompanying outside Canada."
    > The regulations provide that each day a permanent resident is outside of
    > Canada accompanying a permanent resident or Canadian citizen is deemed a
    > day of physical presence in Canada, provided that the person accompanied
    > is a spouse, common-law partner or parent with whom he or she ordinarily
    > resides. In situations where the person being accompanied is also a
    > permanent resident, only the days on which that person is in compliance
    > with residency obligations may be counted as days of physical presence
    > in Canada by the accompanying permanent resident.
    > --
    > Posted via http://britishexpats.com

Andrew Miller

Nothing is wrong there. It is you who is taking part of the page out of
context by interpreting and quoting description of "accompanying outside
Canada" as the rule - it is only a description explaining what "accompanying
outside Canada" means, nothing more. But if you read first section on the
mentioned page you'll see clearly under what conditions accompanying spouse
(who is only a PR) abroad may be counted as days in Canada. It says exactly:

------------------------------------------------------------
Pursuant to subsection 28(2), a permanent resident complies with the
residency obligation provisions if, for at least 730 days in that five-year
period, the permanent resident is physically present in Canada or is:

â€

Cornholio

Everything is pretty clear with the numbers. The question is, how all
this enforced? Who, where and how counting these days?

I just received my visas and accompanying documents, one of them says
that:

"Until you obtain Canadian Citizenship, your permanent residence
status may be revoked if you are outside Canada for more than 730 days
within 5 years, except in certain circumbstances."

This means that one, in order to maintain residency, must be in Canada
for at least 1095 days in 5 years (365*5 - 730). At the same time,
quote below says that:

"... a permanent resident complies with the
residency obligation provisions if, for at least 730 days in that
five-year period, the permanent resident is physically present in
Canada ..."

Kind of confusing...


On Wed, 10 Dec 2003 16:05:17 GMT, "Andrew Miller"
<> wrote:

    >Nothing is wrong there. It is you who is taking part of the page out of
    >context by interpreting and quoting description of "accompanying outside
    >Canada" as the rule - it is only a description explaining what "accompanying
    >outside Canada" means, nothing more. But if you read first section on the
    >mentioned page you'll see clearly under what conditions accompanying spouse
    >(who is only a PR) abroad may be counted as days in Canada. It says exactly:
    >------------------------------------------------------------
    >Pursuant to subsection 28(2), a permanent resident complies with the
    >residency obligation provisions if, for at least 730 days in that five-year
    >period, the permanent resident is physically present in Canada or is:
[q1]>â€

Jim Humphries

As Andrew has repeatedly stated here it is necessary to read the entire
section because there are limitations and exceptions in specific
circumstances.

Cornholio

On Thu, 11 Dec 2003 05:51:50 GMT, "Jim Humphries" <jhumphri(stop
spam)@shaw.ca> wrote:

    >As Andrew has repeatedly stated here it is necessary to read the entire
    >section because there are limitations and exceptions in specific
    >circumstances.

I will read entire section right now, but you also read my entire
posting...;-)

Cornholio

On Thu, 11 Dec 2003 05:51:50 GMT, "Jim Humphries" <jhumphri(stop
spam)@shaw.ca> wrote:

    >As Andrew has repeatedly stated here it is necessary to read the entire
    >section because there are limitations and exceptions in specific
    >circumstances.


I read the whole document and it doesn't answer any question I
asked... BTW, I found more relevant document on Residency Obligations:

http://www.cic.gc.ca/english/applica...es/5529E4.html

I read it as well, but became even more confused... And this is why:

"...The most straightforward way of indicating that you have fulfilled
the residency obligation is to demonstrate that you have been
physically present in Canada for a minimum of 730 days within the
five-year period immediately preceding the submission of your
application to a Canadian Embassy or mission abroad..."

IMMEDIATELY PRECEDING???

Andrew Miller

Read the law, not the web page or guides. Guides and CIC web pages are not
written perfectly, often have errors and omissions. This is why they always
have a little disclaimer there stating that whatever is written is not the
law and you should always refer to the law for accuracy.

Phrase "minimum of 730 days within 5 years immediately preceding the
submission of your application" applies to those who landed more than 5
years ago.

Residency period is counted in 2 different ways:

1. If landing occurred less than 5 years ago then first 5 years period it is
counted 5 years forward from the day of landing

2. If landing occurred more than 5 years ago then 5 years period is counted
backwards - 5 years back from the day counting is being made (examination at
the port of entry, application for Travel Document, application for PR Card
or PR Card renewal, etc.).

Manish

http://www.canlii.org/ca/regu/sor2-227/sec61.html

Accompanying outside Canada

(4) For the purposes of subparagraphs 28(2)(a)(ii) and (iv) of the Act
and this section, a permanent resident is accompanying outside
Canada a Canadian citizen or another permanent resident -- who is
their spouse or common-law partner or, in the case of a child, their
parent -- on each day that the permanent resident is ordinarily
residing with the Canadian citizen or the other permanent resident.

--------- If Mr. X who is permanent resident and his wife Y also
permanent resident of Canada and both X and Y go out of Canada.
Does it mean they fulfill the criteria of residency while both are
out of Canada?

In simple language the stay of X and Y will be counted as Canada
residency or not in the above scenario. Why it will not be counted
residency? The above paragraph from the site/link is also confusing
for a Layman and everybody is not lawyer to understand it correctly.

Andrew Miller

No, it absolutely doesn't. Read my answer to the original post in this
thread.

What you are referring to is only a description of the meaning of
"accompanying", nothing else.

Read the parts of IRPA to which section 61 of Regulation refers to.