|
|
| Subject: Basic Residence credit while overseas |
|
|
|
I was married to an Italian two years ago in Canada and our permanent residence is in Halifax. But I work for the United Nations, and we having been living in Cambodia for the last two years while I work for that organization.
Does the time she had lived with me overseas while I was working for an international organization (OSCE, UN or Diplomatic Service, etc) count towards basic residency for my wife?
I would think that if an Ambassador got married to a international and lived overseas for 3 years, the spouse should be able to apply as if they had lived on Ottawa the whole time.
[09-11-2007,09:09]
[***.178.112.23]
Peter |
|
(in reply to: Basic Residence credit while overseas)
You need to carefully read the residency obligations in the act and in the reguylations to see if they fit your personal circumstances.
Make sure you click on the link and read the regulations at the bottom regarding residency requirements.
28. (1) A permanent resident must comply with a residency obligation with respect to every five-year period.
Application
(2) The following provisions govern the residency obligation under subsection (1):
(a) a permanent resident complies with the residency obligation with respect to a five-year period if, on each of a total of at least 730 days in that five-year period, they are
(i) physically present in Canada,
(ii) outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent,
(iii) outside Canada employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province,
(iv) outside Canada accompanying a permanent resident who is their spouse or common-law partner or, in the case of a child, their parent and who is employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province, or
(v) referred to in regulations providing for other means of compliance;
(b) it is sufficient for a permanent resident to demonstrate at examination
(i) if they have been a permanent resident for less than five years, that they will be able to meet the residency obligation in respect of the five-year period immediately after they became a permanent resident;
(ii) if they have been a permanent resident for five years or more, that they have met the residency obligation in respect of the five-year period immediately before the examination; and
(c) a determination by an officer that humanitarian and compassionate considerations relating to a permanent resident, taking into account the best interests of a child directly affected by the determination, justify the retention of permanent resident status overcomes any breach of the residency obligation prior to the determination.
http://laws.justice.gc.ca/en/showdoc/cr/SOR-2002-227/bo-ga:l_5-gb:l_2//en#anchorbo-ga:l_5-gb:l_2
Roy
www.cvimmigration.com
[09-11-2007,10:13]
[**.52.219.157]
Roy |
(in reply to: Basic Residence credit while overseas)
OK, I get the basic rule, she needs 730 days plus proof of me working for a Canadian company.
the question is about the status of diplomatic posts and officially recognized international organizations. Is there a special status in the same way there is in the tax laws?
If I work for the UN, is that treated as a ´Canadian company´ or is there is special status for it, which would make all the days served equivalent to basic residence.
[09-11-2007,10:37]
[***.178.112.23]
Peter |
(in reply to: Basic Residence credit while overseas)
Assuming that you are a Canadian citizen your wife should be fine since she was you the whole time.
[09-11-2007,21:49]
[***.191.224.61]
vc |
|
