Immigration Procedure
Feb 17th 2001, 5:16 pm
#1
Guest
Posts: n/a
Hi,
I am a new landed resident of Canada who arrived in Canada in Sep 2000 and currently
working for a Canadian Company whose world headquarters/holding Company is located in
Michigan US. My Canadian Company intends transferring me to US for a project work which
could extend to two years or three years from today.
My question to the group is as follows:
1. Would this transfer affect my landed residency status since me and my family would be
physically living outside Canada for the next couple of years.
2. What procedure needs to be followed with regard to Returning Residency Permit if
necessary.
3. Would this stay outside Canada be considered as deemed residency for the purpose of
citizenship down the road in the next couple of years.
Thanks for the help on a detailed information and procedure if any that needs to be
followed...
A permanent resident.
I am a new landed resident of Canada who arrived in Canada in Sep 2000 and currently
working for a Canadian Company whose world headquarters/holding Company is located in
Michigan US. My Canadian Company intends transferring me to US for a project work which
could extend to two years or three years from today.
My question to the group is as follows:
1. Would this transfer affect my landed residency status since me and my family would be
physically living outside Canada for the next couple of years.
2. What procedure needs to be followed with regard to Returning Residency Permit if
necessary.
3. Would this stay outside Canada be considered as deemed residency for the purpose of
citizenship down the road in the next couple of years.
Thanks for the help on a detailed information and procedure if any that needs to be
followed...
A permanent resident.
Feb 19th 2001, 1:33 am
#2
Guest
Posts: n/a
"rramani" wrote:
> I am a new landed resident of Canada who arrived in Canada in Sep 2000 . . . . My
> Canadian company intends transferring me to the US for a project work which could
> extend to two years or three years from today.
This could very possibly affect your status as a landed immigrant in Canada, and you would
probably be well advised to discuss the situation with an immigration lawyer before
agreeing to accept the transfer.
It would probably also affect your timeline for Canadian citizenship, because by the
earliest time you might be eligible for citizenship (Sep. 2003), chances are pretty good
that the government will have enacted a major rewrite of the Citizenship Act, including a
tightening of the rules on counting residence for citizenship purposes.
A change to the law of just this sort was known as Bill C-16 before Parliament was
dissolved last fall for the recent election. This bill died "on the order paper" (passed
by the House of Commons, but not yet passed by the Senate) when the election was called,
and it is going to have to be reintroduced in the current session of Parliament and
reconsidered from scratch by both houses. However, it is reasonable to assume that the
bill probably WILL be enacted, more or less in the form it had last fall, sometime within
the next 2+ years (i.e., before you will be ready to apply for citizenship, so it WILL
apply to you at that time, even though you have already become a landed immigrant now).
One provision in the proposed new citizenship law would redefine the residence requirement
to specify that ONLY days spent literally, phys- ically in Canada could be counted toward
the residence requirement for citizenship. Time spent outside Canada would NOT count,
period -- even if such time involved a foreign assignment by a Canadian employer.
If your current company insists that you accept a long-term transfer to the States as a
condition of keeping your job (regardless of what this might do to your immigration status
or your citizenship eligibility), I doubt you have any recourse except to quit (or let
them fire you) and find another job -- though you might want to discuss this with a lawyer
who specializes in labour issues, especially if your employer tries to characterize your
case as a dismissal "for cause" (which could have negative implications on your ability to
get severance pay and/or col- lect EI, and which of course could also compromise your
ability to get hired somewhere else).
Rich Wales [email protected] http://www.webcom.com/richw/
*NOTE: I've lived in both Canada and the US and have dual citizenship.
*DISCLAIMER: I am not a lawyer, professional immigration consultant,
or consular officer. My comments are for discussion purposes only and
are not intended to be relied upon as legal or professional advice.
> I am a new landed resident of Canada who arrived in Canada in Sep 2000 . . . . My
> Canadian company intends transferring me to the US for a project work which could
> extend to two years or three years from today.
This could very possibly affect your status as a landed immigrant in Canada, and you would
probably be well advised to discuss the situation with an immigration lawyer before
agreeing to accept the transfer.
It would probably also affect your timeline for Canadian citizenship, because by the
earliest time you might be eligible for citizenship (Sep. 2003), chances are pretty good
that the government will have enacted a major rewrite of the Citizenship Act, including a
tightening of the rules on counting residence for citizenship purposes.
A change to the law of just this sort was known as Bill C-16 before Parliament was
dissolved last fall for the recent election. This bill died "on the order paper" (passed
by the House of Commons, but not yet passed by the Senate) when the election was called,
and it is going to have to be reintroduced in the current session of Parliament and
reconsidered from scratch by both houses. However, it is reasonable to assume that the
bill probably WILL be enacted, more or less in the form it had last fall, sometime within
the next 2+ years (i.e., before you will be ready to apply for citizenship, so it WILL
apply to you at that time, even though you have already become a landed immigrant now).
One provision in the proposed new citizenship law would redefine the residence requirement
to specify that ONLY days spent literally, phys- ically in Canada could be counted toward
the residence requirement for citizenship. Time spent outside Canada would NOT count,
period -- even if such time involved a foreign assignment by a Canadian employer.
If your current company insists that you accept a long-term transfer to the States as a
condition of keeping your job (regardless of what this might do to your immigration status
or your citizenship eligibility), I doubt you have any recourse except to quit (or let
them fire you) and find another job -- though you might want to discuss this with a lawyer
who specializes in labour issues, especially if your employer tries to characterize your
case as a dismissal "for cause" (which could have negative implications on your ability to
get severance pay and/or col- lect EI, and which of course could also compromise your
ability to get hired somewhere else).
Rich Wales [email protected] http://www.webcom.com/richw/
*NOTE: I've lived in both Canada and the US and have dual citizenship.
*DISCLAIMER: I am not a lawyer, professional immigration consultant,
or consular officer. My comments are for discussion purposes only and
are not intended to be relied upon as legal or professional advice.
Feb 19th 2001, 4:58 pm
#3
Guest
Posts: n/a
says...
> I am a new landed resident of Canada who arrived in Canada in Sep 2000 and currently
> working for a Canadian Company whose world headquarters/holding Company is located in
> Michigan US. My Canadian Company intends transferring me to US for a project work which
> could extend to two years or three years from today.
>
> My question to the group is as follows:
>
> 1. Would this transfer affect my landed residency status since me and my family would
> be physically living outside Canada for the next couple of years.
An absence of this duration can be problematic if you cannot maintain evidence that you
did not have the intention to abandon Canada as the place of your permanent residence.
Evidence of the requirement of a transfer as part of the requirements of a Canadian
employer, however, would be helpful.
> 2. What procedure needs to be followed with regard to Returning Residency Permit if
> necessary.
You may apply for the RRP either via a local CIC office within Canada, or at a Canadian
Consulate in the USA. Additional information on this topic may be found at Campbell,
Cohen's web site at the following URL:
http://canadavisa.com/documents/rrp.htm
> 3. Would this stay outside Canada be considered as deemed residency for the purpose of
> citizenship down the road in the next couple of years.
That is determined at the discretion of the presiding official. Again, the fact that the
absence is a requirement of a Canadian employer may benefit the case. Additional
information on this topic may be found at Campbell, Cohen's web site at the following URL:
http://canadavisa.com/documents/citpol.htm
________
CAMPBELL, COHEN - attorneys at law [email protected] http://canadavisa.com
Online Community: http://canadavisa.com/community
> I am a new landed resident of Canada who arrived in Canada in Sep 2000 and currently
> working for a Canadian Company whose world headquarters/holding Company is located in
> Michigan US. My Canadian Company intends transferring me to US for a project work which
> could extend to two years or three years from today.
>
> My question to the group is as follows:
>
> 1. Would this transfer affect my landed residency status since me and my family would
> be physically living outside Canada for the next couple of years.
An absence of this duration can be problematic if you cannot maintain evidence that you
did not have the intention to abandon Canada as the place of your permanent residence.
Evidence of the requirement of a transfer as part of the requirements of a Canadian
employer, however, would be helpful.
> 2. What procedure needs to be followed with regard to Returning Residency Permit if
> necessary.
You may apply for the RRP either via a local CIC office within Canada, or at a Canadian
Consulate in the USA. Additional information on this topic may be found at Campbell,
Cohen's web site at the following URL:
http://canadavisa.com/documents/rrp.htm
> 3. Would this stay outside Canada be considered as deemed residency for the purpose of
> citizenship down the road in the next couple of years.
That is determined at the discretion of the presiding official. Again, the fact that the
absence is a requirement of a Canadian employer may benefit the case. Additional
information on this topic may be found at Campbell, Cohen's web site at the following URL:
http://canadavisa.com/documents/citpol.htm
________
CAMPBELL, COHEN - attorneys at law [email protected] http://canadavisa.com
Online Community: http://canadavisa.com/community
Feb 19th 2001, 5:36 pm
#4
Guest
Posts: n/a
> > Would this stay outside Canada be considered as deemed residency for the purpose of
> > citizenship down the road in the next couple of years.
David Cohen replied:
> That is determined at the discretion of the presiding offi- cial. Again, the fact
> that the absence is a requirement of a Canadian employer may benefit the case.
Again, though, the time frame being talked about must be considered.
In "the next couple of years", there is a reasonably good chance that the government's
planned overhaul of the Citizenship Act will have been enacted into law. (This was Bill
C-16 in the previous Parliament, though that particular bill died when the election was
called, and it will have to be reintroduced and processed all over again from scratch in
the current Parliament. The last I checked, the bill had not been reintroduced, though I
assume this will happen "real soon now".)
One key element of the proposed new citizenship legislation is that the residence
requirement would have been strictly defined to count =only= days in which the applicant
was physically in Canada. To the best of my understanding, Bill C-16 gave absolutely =no=
allowances for time spent outside Canada at the behest of a Canadian employer.
Rich Wales [email protected] http://www.webcom.com/richw/
*NOTE: I've lived in both Canada and the US and have dual citizenship.
*DISCLAIMER: I am not a lawyer, professional immigration consultant,
or consular officer. My comments are for discussion purposes only and
are not intended to be relied upon as legal or professional advice.
> > citizenship down the road in the next couple of years.
David Cohen replied:
> That is determined at the discretion of the presiding offi- cial. Again, the fact
> that the absence is a requirement of a Canadian employer may benefit the case.
Again, though, the time frame being talked about must be considered.
In "the next couple of years", there is a reasonably good chance that the government's
planned overhaul of the Citizenship Act will have been enacted into law. (This was Bill
C-16 in the previous Parliament, though that particular bill died when the election was
called, and it will have to be reintroduced and processed all over again from scratch in
the current Parliament. The last I checked, the bill had not been reintroduced, though I
assume this will happen "real soon now".)
One key element of the proposed new citizenship legislation is that the residence
requirement would have been strictly defined to count =only= days in which the applicant
was physically in Canada. To the best of my understanding, Bill C-16 gave absolutely =no=
allowances for time spent outside Canada at the behest of a Canadian employer.
Rich Wales [email protected] http://www.webcom.com/richw/
*NOTE: I've lived in both Canada and the US and have dual citizenship.
*DISCLAIMER: I am not a lawyer, professional immigration consultant,
or consular officer. My comments are for discussion purposes only and
are not intended to be relied upon as legal or professional advice.
