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Old Jan 7th 2002, 5:33 am
  #1  
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The new law about the Residency requirement - 2 years in Canada out of 5 years.
1.Will this be applicable to people who have landed after June 28, 2002?
2.Will this be applicable to people who have landed after December 17, 2001 but before June 28, 2002?
3.Will this be applicable to everyone irrespective of the fact that when they landed in Canada?

Thanks for your help.
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Old Jan 7th 2002, 6:37 am
  #2  
Andrew Miller
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It will be applicable to all Permanent Residents regardless when they landed and only
from the day new law is implemented forward. Only absences after the implementation
of new law will be subject to new rule, all absences prior to the date new law comes
into force are and will be subject to the current 183 day rule. If person is absent
from Canada for more than 183 days in any 12 months period prior to the
implementation of new law then the new 2 out of 5 years rule will not save that
person's PR status if he or she is found to have abandoned Canada as a place of
permanent residence.

--

../..

Andrew Miller Immigration Consultant Vancouver, British Columbia email:
[email protected] (delete REMOVE and INVALID from the above address before
sending email)
________________________________

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Old Jan 11th 2002, 2:07 pm
  #3  
Julia Lee
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"Andrew Miller" <[email protected]>
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Hi Andrew,

Just a clarification on yr comments concerning the interphasing of the 183-day rule
and the 2 out of 5 years rule. For example, if an immigrant acquired landed status in
March 2002 and leaves Canada a month later. Assuming the new act and regulations are
enacted by the scheduled date of 28 June 2002, which set of regulations will apply to
the PR holder. Is it necessary for PR holder to re-enter Canada to exercise the
provisions of the 2 out of 5 year rule, although technically, his absence up to 28
June 2002 is less than 183 days??

The 2nd clarification concern residency ties, I have read in previous posts that
2-year physical presence in Canada is fundamental to keeping PR status under new
regulations. Does the new law define other secondary residency obligations , eg.house
ownership or lease, opening of bank account, club membership,car ownership,etc.??

Thanks for your reply.
 
Old Jan 11th 2002, 3:25 pm
  #4  
Stuart
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    >
[usenetquote2]>> It will be applicable to all Permanent Residents regardless when they landed and[/usenetquote2]
[usenetquote2]>> only from the day new law is implemented forward. Only absences after the[/usenetquote2]
[usenetquote2]>> implementation of new law will be subject to new rule, all absences prior to the[/usenetquote2]
[usenetquote2]>> date new law comes into force are and will be subject to the current 183 day rule.[/usenetquote2]
[usenetquote2]>> If person is absent from Canada for more than 183 days in any 12 months period[/usenetquote2]
[usenetquote2]>> prior to the implementation of new law then the new 2 out of 5 years rule will not[/usenetquote2]
[usenetquote2]>> save that person's PR status if he or she is found to have abandoned Canada as a[/usenetquote2]
[usenetquote2]>> place of permanent residence.[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>> --[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>> ../..[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>> Andrew Miller Immigration Consultant Vancouver, British Columbia email:[/usenetquote2]
[usenetquote2]>> [email protected] (delete REMOVE and INVALID from the above[/usenetquote2]
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It's not clear how the transition between 183 day to 2/5 year will work.

Residence ties are essential to complete a valid landing. After clearly landing, then
the issue of clearly showing that you haven't abandoned Canada is still important.
What they'll use to measure that I didn't see as obvious yet.

I get the impression this is going to be a wait and see how the policy works out!

Stuart
 

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