PR holder residing outside canada with my son and husband who are both citizen

[raspotine007]

I Got my PR card back in 2006, and renewed in 2011, but since 2008 i have been living abroad with my husband and son, they are both canadian citizens. my husband work for microsoft in Dubai. I did apply for my citizenship in 2010, but i abadoned my application because i found out that the days i spent outside canada with my husband doesnt' count because he doesn't work for the canada government, provincial or armed forces.
my question, will i be able to renew my PR card again ? what are the permanent residency obligation for me to maintain my PR , knowing that i am accompanying my son and husband who are both citizens of canada?
are the days spent outside canada count towards the renewal of my pr? will i have problem if i go back to canada?
thanks

 

[Leon]

Your days spent with a Canadian husband outside Canada count towards your PR residency requirements so you can not lose your PR as long as you stay with your husband at least 2/5 years.

 

[raspotine007]

Hi Leon, thanks for your prompt reply..is their an official link or document from the CIC that states that...last time i visited canada in june of 2012, the immigration officers stopped me for like 2 hours and harrassed me, they even told me that this is a warning you should be living in Canada if you are a pr holder. yes i told them i have been living in dubai with my husband who is citizen and my son..

 

[raspotine007]

Hi Leon, adding to my previous question, even if my husband doesnt work with the public service
of Canada or a province or for the Canadian armed forces, those days will count towards the pr obligation? i can't pull a document from CIC that clearly states that....

 

[scylla]

Yes - still applies. See "Time spent outside of Canada" in this guide:

http://www.cic.gc.ca/english/information/applications/guides/5529ETOC.asp

 

[Leon]

And here:

Pursuant to A28(2), a permanent resident complies with the residency obligation provisions with respect to a five-year period if, for at least 730 days in that five-year period, the permanent resident is physically present in Canada, or:
• is outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or is a child accompanying a parent;
• is outside Canada employed on a full-time basis by a Canadian business or in the public service of Canada or of a province;
• is an accompanying spouse, common-law partner or child of a permanent resident who is outside Canada and is employed on a full-time basis by a Canadian business or in the public service of Canada or of a province.

and

A28(2)(a)(ii) and (iv) provide that each day a permanent resident is outside of Canada accompanying a Canadian citizen spouse, common-law partner or, in the case of a child, a parent with whom they ordinarily reside, it is deemed a day of physical presence in Canada.

 

[raspotine007]

Thanks everyone for your response. I need one more clarification! For tax purposes my husband want to submit a request to Canada revenue agency declaring non resident of Canada! the question is how will that affect me as his wife holding a pr card? will I be able to renew my pr card later? Or I have to surrender my pr card? It is a bit confusing since the immigration law states that my time staying outside Canada still considered and counted toward my residence obligations if my husband is a citizen! But will it be different if my husband declares officially non resident for tax purposes?
Kindly advise... Thanks in advance

 

[Leon]

Thanks everyone for your response. I need one more clarification! For tax purposes my husband want to submit a request to Canada revenue agency declaring non resident of Canada! the question is how will that affect me as his wife holding a pr card? will I be able to renew my pr card later? Or I have to surrender my pr card? It is a bit confusing since the immigration law states that my time staying outside Canada still considered and counted toward my residence obligations if my husband is a citizen! But will it be different if my husband declares officially non resident for tax purposes?
Kindly advise... Thanks in advance

Being resident or non-resident for tax purposes has absolutely nothing to do with citizenship or PR. You can be a non-resident for tax purposes and still be a citizen or a PR. Your PR is only tied to meeting the residency obligation and that is to either stay in Canada 730 days in any 5 yr. period or stay with your Canadian spouse outside Canada for the same.