I am a PR card holder (roughly 6 months) and my common law partner is a Canadian citizen, both currently living in Montreal.
If we both move to the UK to work for roughly 4 years as a full time employee for a non Canadian Business, do I meet the requirements of accompanying a Canadian citizen to count as days obligated while we are abroad?
Specifically "as long as a permanent resident is accompanying a Canadian citizen, the intent and purpose of their absences are not relevant as the residency obligation is met."
Ideally I will be getting a primary work permit to work in the UK at a non Canadian Business, as well as my partner sponsored by the company. We just want to make sure I would not lose my permanent residency status if we are working abroad.
This is very important to us, so any help you could offer would be greatly appreciated.
As you will see in other previous posts there usually isn't an issue but there seems to be more of a distinction being made now about whether the PR is following the Canadian citizen versus then other way around. I assume that is due to the increased number of applicants where the PR is the person working abroad. Not sure if this will become something that CIC focus on in the future it doesn't seem to be something they really enforce on a consistent basis. The good news is you can sponsor again if you do lose your PR.
The customer service line gives out incorrect information all the time. I would probably take the chance and go because you have the ability to be sponsored again if necessary.
It probably would not matter who accompanies whom, so long that the PR is living together with their Canadian citizen spouse:
R61(4) provides that each day a permanent resident is outside Canada accompanying (that is, ordinarily residing with) a Canadian citizen constitutes a day of physical presence in Canada, provided that the Canadian citizen they are accompanying is a spouse or common-law partner or parent.
In the case of a permanent resident outside Canada accompanying a Canadian citizen, it is not necessary to determine who is accompanying whom, nor is it necessary to determine for what purpose. In other words, under A28(2)(a)(ii) and R61(4), as long as a permanent resident is accompanying a Canadian citizen, the intent and purpose of their absences are not relevant as the residency obligation is met.
The OP should make sure they keep water tight documentation whilst in the UK especially supporting the ongoing common law relationship to support the accompany citizen case. Also keep any documentation from any trips home during the UK stay.
Given the OPs PR card will likely expire whilst in UK keep that in mind as will need a PRTD for any home trips so the documentation will come into play for that application let alone any PR card renewal.
Simply put to maintain PR status whilst accompanying abroad more documentation kept is better than less.
Wow, thank you for all of the responses, this is quite helpful.
I think right now based on research and advice here, the best thing to do is document everything involved with travel living situation and proof for any and all of these situations. Keep them in a location that is easily accessible if needed.
