Bill C-11 Part 1 (Entering and remaining)
Oct 5th 2001, 3:05 am
#1
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Posts: 7
Subject: Bill C-11(Rights and Obligations of Permanent and Temporary Residents)
Item: 28. (1) A permanent resident must comply with a residency obligation with respect to every five-year period.
(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...
We have been granted immigration visa (IM1000) in Nov 2000 and plan our first landing in Nov 2001. We have heard about the Bill C-11 as referred above and have the following queries:
* What is the status of C-11?
* Has it been passed as law?
* As proposed in the bill, we need 2 years actual residence out of 5 years to retain PR status?
* Suppose I make my first entry (IM1000) and go out of Canada only to return after 364 days -
Will I require an RRP?
* I presume that from the date of first landing in Canada till 5 years later a person has to be physically present for only 730 days - is that right?
* What will be applicability of bill C-11.
Will it hold good for those who have received their visa (IM1000) before the bill came into force and have not yet made their first landing?
Thank you for your help.
Regards, Shalvin
Item: 28. (1) A permanent resident must comply with a residency obligation with respect to every five-year period.
(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...
We have been granted immigration visa (IM1000) in Nov 2000 and plan our first landing in Nov 2001. We have heard about the Bill C-11 as referred above and have the following queries:
* What is the status of C-11?
* Has it been passed as law?
* As proposed in the bill, we need 2 years actual residence out of 5 years to retain PR status?
* Suppose I make my first entry (IM1000) and go out of Canada only to return after 364 days -
Will I require an RRP?
* I presume that from the date of first landing in Canada till 5 years later a person has to be physically present for only 730 days - is that right?
* What will be applicability of bill C-11.
Will it hold good for those who have received their visa (IM1000) before the bill came into force and have not yet made their first landing?
Thank you for your help.
Regards, Shalvin
Oct 5th 2001, 6:22 am
#2
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The deputy minister was asked a few days ago, by a senate committee member, just when
the regulations needed for C-11 to come into force would be ready. The goal is 2002 -
no month mentioned. Jim Humphries
the regulations needed for C-11 to come into force would be ready. The goal is 2002 -
no month mentioned. Jim Humphries
Oct 5th 2001, 12:46 pm
#3
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Hi! I landed in Canada in Dec'2000 and went back to my country due to some reasons(
with an intention of not returning to Canada) on June'27th this year.As per existing
law I would lose my PR status before Dec 27th '2001. Bt in case the Bill C11 is
approved somtime , will I be covered under the proposed "730 days out of 5 year
rule"? Thanks.
Bill C11 says- Bill C-11 sets objective, transparent and flexible criteria to assess
a person's right to retain permanent resident status when they wish to return to
Canada following an absence. Under Bill C-11, the residency obligation replaces a
vague, highly subjective and easy to abuse test in the current Act which is based on
an evaluation of the intention of a person to abandon Canada as a place of residence
if they have been outside Canada for more than 183 days in any 12 month period. Under
C-11, permanent residents would be required to be physically present in Canada for at
least 730 days in every five-year period after becoming a permanent resident. The
proposed legislation would allow a permanent resident to count, as part of the
required 730 days, time spent working abroad in certain circumstances such as working
for a Canadian company or the Canadian government or accompanying their Canadian
spouse or common-law partner. This would allow permanent residents a degree of
flexibility over their personal or business affairs that is necessary in a world
where routine international travel, work periods abroad and multinational business
ties are becoming commonplace
Jim Humphries <[email protected]>
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with an intention of not returning to Canada) on June'27th this year.As per existing
law I would lose my PR status before Dec 27th '2001. Bt in case the Bill C11 is
approved somtime , will I be covered under the proposed "730 days out of 5 year
rule"? Thanks.
Bill C11 says- Bill C-11 sets objective, transparent and flexible criteria to assess
a person's right to retain permanent resident status when they wish to return to
Canada following an absence. Under Bill C-11, the residency obligation replaces a
vague, highly subjective and easy to abuse test in the current Act which is based on
an evaluation of the intention of a person to abandon Canada as a place of residence
if they have been outside Canada for more than 183 days in any 12 month period. Under
C-11, permanent residents would be required to be physically present in Canada for at
least 730 days in every five-year period after becoming a permanent resident. The
proposed legislation would allow a permanent resident to count, as part of the
required 730 days, time spent working abroad in certain circumstances such as working
for a Canadian company or the Canadian government or accompanying their Canadian
spouse or common-law partner. This would allow permanent residents a degree of
flexibility over their personal or business affairs that is necessary in a world
where routine international travel, work periods abroad and multinational business
ties are becoming commonplace
Jim Humphries <[email protected]>
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Oct 5th 2001, 1:25 pm
#4
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Joined: Oct 2001
Posts: 7
Bill C-11
Thanks Karra and Humpheries for your response. Shalvin
Oct 5th 2001, 5:02 pm
#5
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I read on Yahoo news that all the regulations will come in effect by May 2002. But
the liberals want to ram the bill thru in 2 weeks , the tories want a month or two to
discuss. Finally the senate adopted a motion to finish all business on the bill by
31st Oct 5 pm www.parl.gc.ca ( go to order paper for senate )
Maybe the refugee related laws will take most time to come in effect, others could be
in force faster.
Jim Humphries <[email protected]>
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the liberals want to ram the bill thru in 2 weeks , the tories want a month or two to
discuss. Finally the senate adopted a motion to finish all business on the bill by
31st Oct 5 pm www.parl.gc.ca ( go to order paper for senate )
Maybe the refugee related laws will take most time to come in effect, others could be
in force faster.
Jim Humphries <[email protected]>
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Oct 5th 2001, 5:09 pm
#6
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Posts: n/a
Also various news about Regulations not being ready before April of 2002 are false.
Minister Caplan answered to the direct question during the Senate hearing that
Regulations accompanying Bill C-11 are already prepared.
--
../..
Andrew Miller Immigration Consultant Vancouver, British Columbia email:
[email protected] (delete REMOVE and INVALID from the above address before
sending email)
________________________________
"Syder_sayez" <[email protected]>
[usenetquote2]> > The deputy minister was asked a few days ago, by a senate committee member, just[/usenetquote2]
[usenetquote2]> > when the regulations needed for C-11 to come into force would be ready. The goal[/usenetquote2]
[usenetquote2]> > is 2002 - no month mentioned. Jim Humphries[/usenetquote2]
Minister Caplan answered to the direct question during the Senate hearing that
Regulations accompanying Bill C-11 are already prepared.
--
../..
Andrew Miller Immigration Consultant Vancouver, British Columbia email:
[email protected] (delete REMOVE and INVALID from the above address before
sending email)
________________________________
"Syder_sayez" <[email protected]>
[usenetquote2]> > The deputy minister was asked a few days ago, by a senate committee member, just[/usenetquote2]
[usenetquote2]> > when the regulations needed for C-11 to come into force would be ready. The goal[/usenetquote2]
[usenetquote2]> > is 2002 - no month mentioned. Jim Humphries[/usenetquote2]
Oct 5th 2001, 7:13 pm
#7
Guest
Posts: n/a
Many may recall the last time there were new regs. Implementation took = almost 18
months. Let's see.
--=20 Good luck,
Berto Volpentesta, B.A. (Spec. Hons.), B.Ed. Member, OPIC Director, OPIC and
Education Committee Chairman
Sidhu & Volpentesta Inc. Serving people around the world since 1991
www.svcanada.com
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months. Let's see.
--=20 Good luck,
Berto Volpentesta, B.A. (Spec. Hons.), B.Ed. Member, OPIC Director, OPIC and
Education Committee Chairman
Sidhu & Volpentesta Inc. Serving people around the world since 1991
www.svcanada.com
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Oct 5th 2001, 7:17 pm
#8
Guest
Posts: n/a
Implementation of the Act and Regs may answer many of your questions.
It appears to me that RRPs are no longer contemplated as the Bill = defines residency
clearly and allows plenty of time to take care of = whatever business or schooling
anyone may need.
I would think that the five years is a rolling five years just as the = 365
days is now.
--=20 Good luck,
Berto Volpentesta, B.A. (Spec. Hons.), B.Ed. Member, OPIC Director, OPIC and
Education Committee Chairman
Sidhu & Volpentesta Inc. Serving people around the world since 1991
www.svcanada.com
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It appears to me that RRPs are no longer contemplated as the Bill = defines residency
clearly and allows plenty of time to take care of = whatever business or schooling
anyone may need.
I would think that the five years is a rolling five years just as the = 365
days is now.
--=20 Good luck,
Berto Volpentesta, B.A. (Spec. Hons.), B.Ed. Member, OPIC Director, OPIC and
Education Committee Chairman
Sidhu & Volpentesta Inc. Serving people around the world since 1991
www.svcanada.com
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