I would like a consultation regarding renewing canadian PR. BC. I am already PR, I have question about the process of

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Customer: I would like a consultation regarding renewing canadian PR
JA: What province are you in? It matters because laws vary by location.
Customer: BC
JA: What steps have you taken so far?
Customer: I am already PR, I have question about the process of renewing the PR
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Answered by JJL11 in 2 hours 2 years ago
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JJL11, Expert

Hello - My name is ***** ***** I'm happy to assist you today. I am a Canadian lawyer who is able to answer immigration law questions.

Can you tell me more about what you want to know about renewing your Canadian PR ?

Customer
My wife is Canadian citizen, and we live in US because I work there.
Customer
I read on the gov website that if I am accompanying a Canadian citizen, the days count for the 730 days that I need to be physically in Canada for the renewal
Customer
But some people confused me regarding whether I am accompanying my wife or my wife accompanying me (since she doesn't work)
Customer
I couldn't find any distinction in the gov website, so I wanted to make sure from a lawyer
Customer
If I work in US, and my Canadian citizen wife doesn't, and she is with me in US. Can I still renew my Canadian PR if I wasn't physically there for 730 days?
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JJL11, Expert

In order to be able to use the rule you mentioned, you, as the PR have to be the one accompanying your citizen spouse who is working outside of Canada.

Since it is the other way around for you, you will not be able to use this rule.

Can you tell me how many days you have been present in Canada in the last 5 years and when your PR card is expiring ?

Customer
I was present for a total of 6 months. And it is expiring in 2 years.
Customer
I looked at the renewal application, they don't ask about the spouse whether she works or not. They just ask about the period when you were accompanying a family Canadian citizen. So that was a bit confusing.
Customer
what if we both work in US? In other words, how do they determine who is accompanying who?
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JJL11, Expert

If you both work, then you are fine because the important fact is that she is working.

I will review the renewal application and reply shortly.

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JJL11, Expert

I have reviewed both the section 28(2) of the Immigration and Refugee Protection Act regarding PR residency requirements ( link attached), as well the the PR card application form you were referring to and the Operational guidelines regarding your issues ( link attached).

https://laws-lois.justice.gc.ca/eng/acts/i-2.5/section-28.html

https://www.canada.ca/content/dam/ircc/migration/ircc/english/resources/manuals/enf/enf23-eng.pdf

I stand corrected from my initial answer because the requirement to be accompanying a spouse who is working applies only to situations where the spouse is working for the Canadian government or business.

In cases such are yours, the only requirement is that you are accompanying your spouse who is outside Canada and who is a Canadian citizen.

In the Operational Guidelines, which I have attached, at page 25, you will see that it is stated that it does not matter who is accompanying whom in order to qualify to have time outside of Canada be counted.

So in your case, as long as you provide proof your wife is a Canadian citizen, the time spent in the US with your wife should be counted as residency for your PR residency requirements.

Hope this clarifies things.

Customer
10084;
Customer
You have made my year.
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Not just my day
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Your last message is potentially the best news I've heard in 2020 ��
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JJL11, Expert

I am so glad to hear I was able to help !

Thank you for using JustAnswer.

All the best.

Customer
Thanks
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