pr question...pls help??
Feb 23rd 2006 | 1:10 am
#1
Thread Starter
Just Joined
Joined: Feb 2006
Posts: 6
pr question...pls help??
Hi there,
We received our pr status many years back and landed in canada via new york in august 2003 spending just a day in canada..and got our resident cards posted to us through a friend.
However, due to personal circumstances we did not make the big move from the UK since.
We are now ready to make that move to canada come July 06'.
It will be exactly 3yrs at the end of August 06' We hopefully want to shift before august.
I understand that under new rules you can stay outside canada for up to 3yrs out of 5.
Does this apply if you have been residing for 3yrs at a stretch the way we have in the UK..........and
Are we likely to face any problems in canada with immigration?
*exp date for pr cards says 2008.
Any advice would be gratefully received.........
many thanks..
We received our pr status many years back and landed in canada via new york in august 2003 spending just a day in canada..and got our resident cards posted to us through a friend.
However, due to personal circumstances we did not make the big move from the UK since.
We are now ready to make that move to canada come July 06'.
It will be exactly 3yrs at the end of August 06' We hopefully want to shift before august.
I understand that under new rules you can stay outside canada for up to 3yrs out of 5.
Does this apply if you have been residing for 3yrs at a stretch the way we have in the UK..........and
Are we likely to face any problems in canada with immigration?
*exp date for pr cards says 2008.
Any advice would be gratefully received.........
many thanks..
Feb 23rd 2006 | 2:23 am
#2
Now on Vancouver Island
Joined: Feb 2005
Posts: 6,935
From: Nanaimo, British Columbia, Canada
Re: pr question...pls help??
Welcome to the forum, nyle98. Article 28 of the Immigration and Refugee Protection Act has this to say about residency obligations for permanent residents:
28.
I don't know on what date in August 2003 you landed in Canada. Let's suppose for argument's sake it was August 15th.
From August 15, 2003 to August 14, 2006 there are 1,096 days (1,095 regular days plus the extra day in 2004, which was a leap year).
So, by my calculation, if your landing day was August 15, 2003, you need to return to Canada by August 12, 2006. Then, if you want to maintain your permanent residence status, you will need to stay in Canada and not leave for some time. Once the initial 5 years is up (after the relevant date in August 2008), you will have to have been in Canada for 730 days out of the preceding 5 years. For example, on November 17, 2012 (if you have not taken up citizenship in the intervening period), you will have to have been in Canada for 730 days since November 18, 2007 (or thereabouts -- I have not factored in leap years).
At least that is my understanding of the law.
EDIT: According to my understanding of the government website from which I have copied and pasted Article 28 of the Immigration and Refugee Protection Act, such copying and posting is permitted for non-commercial purposes. So, according to my understanding I am not in breach of copyright provisions.
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):
My translation of that is that, out of every 5 year period, you have to have been in Canada for 730 days. I take 5 years to mean 365 days multiplied by 5. That comes to 1,825 days. (I don't know what they do about the extra day in a leap year.) If you subtract the 730 days that you must be in Canada from 1,825 days, you are left with 1,095 days during which you are allowed to be outside of Canada during a 5 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,
(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(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;
(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.(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
I don't know on what date in August 2003 you landed in Canada. Let's suppose for argument's sake it was August 15th.
From August 15, 2003 to August 14, 2006 there are 1,096 days (1,095 regular days plus the extra day in 2004, which was a leap year).
So, by my calculation, if your landing day was August 15, 2003, you need to return to Canada by August 12, 2006. Then, if you want to maintain your permanent residence status, you will need to stay in Canada and not leave for some time. Once the initial 5 years is up (after the relevant date in August 2008), you will have to have been in Canada for 730 days out of the preceding 5 years. For example, on November 17, 2012 (if you have not taken up citizenship in the intervening period), you will have to have been in Canada for 730 days since November 18, 2007 (or thereabouts -- I have not factored in leap years).
At least that is my understanding of the law.
EDIT: According to my understanding of the government website from which I have copied and pasted Article 28 of the Immigration and Refugee Protection Act, such copying and posting is permitted for non-commercial purposes. So, according to my understanding I am not in breach of copyright provisions.
Last edited by Judy in Calgary; Feb 23rd 2006 at 2:28 am. Reason: Note about copyright
Feb 23rd 2006 | 3:27 am
#3
Thread Starter
Just Joined
Joined: Feb 2006
Posts: 6
Re: pr question...pls help??
Originally Posted by Judy in Calgary
Welcome to the forum, nyle98. Article 28 of the Immigration and Refugee Protection Act has this to say about residency obligations for permanent residents:
28.
I don't know on what date in August 2003 you landed in Canada. Let's suppose for argument's sake it was August 15th.
From August 15, 2003 to August 14, 2006 there are 1,096 days (1,095 regular days plus the extra day in 2004, which was a leap year).
So, by my calculation, if your landing day was August 15, 2003, you need to return to Canada by August 12, 2006. Then, if you want to maintain your permanent residence status, you will need to stay in Canada and not leave for some time. Once the initial 5 years is up (after the relevant date in August 2008), you will have to have been in Canada for 730 days out of the preceding 5 years. For example, on November 17, 2012 (if you have not taken up citizenship in the intervening period), you will have to have been in Canada for 730 days since November 18, 2007 (or thereabouts -- I have not factored in leap years).
At least that is my understanding of the law.
EDIT: According to my understanding of the government website from which I have copied and pasted Article 28 of the Immigration and Refugee Protection Act, such copying and posting is permitted for non-commercial purposes. So, according to my understanding I am not in breach of copyright provisions.
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):
My translation of that is that, out of every 5 year period, you have to have been in Canada for 730 days. I take 5 years to mean 365 days multiplied by 5. That comes to 1,825 days. (I don't know what they do about the extra day in a leap year.) If you subtract the 730 days that you must be in Canada from 1,825 days, you are left with 1,095 days during which you are allowed to be outside of Canada during a 5 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,
(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(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;
(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.(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
I don't know on what date in August 2003 you landed in Canada. Let's suppose for argument's sake it was August 15th.
From August 15, 2003 to August 14, 2006 there are 1,096 days (1,095 regular days plus the extra day in 2004, which was a leap year).
So, by my calculation, if your landing day was August 15, 2003, you need to return to Canada by August 12, 2006. Then, if you want to maintain your permanent residence status, you will need to stay in Canada and not leave for some time. Once the initial 5 years is up (after the relevant date in August 2008), you will have to have been in Canada for 730 days out of the preceding 5 years. For example, on November 17, 2012 (if you have not taken up citizenship in the intervening period), you will have to have been in Canada for 730 days since November 18, 2007 (or thereabouts -- I have not factored in leap years).
At least that is my understanding of the law.
EDIT: According to my understanding of the government website from which I have copied and pasted Article 28 of the Immigration and Refugee Protection Act, such copying and posting is permitted for non-commercial purposes. So, according to my understanding I am not in breach of copyright provisions.
Hi Judy
Thankyou very much for an informative response. This was also my understanding ...only i wasnt sure..Our 3 yr period will be up on August 23rd and we are hoping to leave in july. To maintain status we wont be coming back to uk to visit only after our 2 yrs are up.......which will be tough..
Thanks again..
