amygao 说:
在妻子在拿到公民身份前,丈夫先保住永久居民身份,妻子拿到公民身份后,回中国陪丈夫的时间能否算做丈夫呆在加的时间,也就是说一方入籍后如果夫妻无论在哪儿只要是呆在一起,三年后是否也意味着另一方也可入籍了?好多人这样说,但我不敢肯定,谁能给我一个肯定的回复,先谢谢了!
Permanent Residency Obligations
Here is what you must do to comply with your residency obligations.
You must accumulate two years of physical presence in Canada in every five-year period. You can also count Canadian residency days if you are outside Canada for an extended period of time for one of the following reasons:
You are accompanying your Canadian-citizen spouse or common-law partner.
You are a child accompanying a Canadian-citizen parent.
You are employed on a full-time basis by a Canadian business, the Public Service of Canada or the public service of a Canadian province.
You are accompanying your permanent resident spouse or common-law partner who is also outside Canada and who is employed on a full-time basis by a Canadian business, the Public Service of Canada or the public service of a Canadian province.
You are a child accompanying a permanent resident parent who is outside Canada and employed on a full-time basis by a Canadian business, the Public Service of Canada or the public service of a Canadian province.
Please note that you are complying with your residency obligations only if:
your accompanying permanent-resident spouse, common-law partner or parent is complying with their residency obligations; and
you ordinarily reside with your accompanying Canadian-citizen or permanent-resident spouse, common-law partner or parent.
A child is someone under the age of 22 who has never been married or in a common-law relationship.
Returning Resident Permit
If you became a permanent resident of Canada before June 28, 2002 you may still be the holder of a Returning Resident Permit issued to you under the previous legislation.
Under the transitional provisions, if you are a permanent resident who is in possession of a Returning Resident Permit, you will be able to count time spent outside Canada towards satisfying your residency obligations. The time period covered by the Returning Resident Permit must apply to the period being examined.
Failure to Comply with Residency Obligations
You may lose your permanent resident status if you fail to comply with your residency obligations.
It is up to you to provide all required information and to provide evidence of your compliance with these obligations.
What is a Canadian Business?
Canadian Business
Only some businesses qualify as a Canadian business for the purpose of satisfying your residency obligations. To qualify as a Canadian business, the business must fulfil one of these three definitions:
The business is incorporated under Canadian or provincial laws and has an ongoing operation in Canada.
The business is an enterprise, other than a corporation described above, that has an ongoing operation in Canada and satisfies the following conditions:
It is capable of generating revenue and is carried on in anticipation of profit; and
Canadian citizens, permanent residents or Canadian businesses as defined above hold a majority of voting or ownership interests.
The business is an organization or enterprise created by the laws of Canada or by the laws of a province of Canada.
Excluded businesses:
An enterprise, corporation or organization is not a Canadian business if it exists primarily to allow permanent residents to comply with their residency obligations during a stay outside Canada.
Qualifying Employment outside Canada
The term “employed on a full-time basis by a Canadian business or in the public service of Canada” means:
you are an employee of, or under contract to provide services to, either a Canadian business, the public service of Canada or the public service of a Canadian province; and
you are assigned as a term of your employment or contract on a full-time basis to either:
a position outside Canada;
an affiliated enterprise outside Canada; or
a client of the Canadian business or the public service outside Canada.