Hello,

I had RRP too,but I did not get back and it is nearly 3 years now. Can I use the same RRP to get back to canada, coz' I heard somewhere that if a PR is outside canada for 3+ years,they are still welcome. Can somebody clarify on this please? or what is the alternative ?

thanks

You heard it wrong. It seems that you have abandoned Canada as a place of permanent
residence, unless you can prove otherwise. You may try to return to Canada - you will
be reported to adjudicator for hearing and most likely it will be decided that you
are no longer a Canadian PR. Depending from circumstances immigration officer at the
border may even decline you entry or admit you just as a visitor for the purpose of
the hearing.

--

../..

Andrew Miller Immigration Consultant Vancouver, British Columbia email:
millercicanada.com (delete REMOVE and INVALID from the above address before
sending email)
________________________________

"aj_usa" <[email protected]> wrote in message
news:[email protected]...
    > Hello,
    >
    > I had RRP too,but I did not get back and it is nearly 3 years now. Can I use the
    > same RRP to get back to canada, coz' I heard somewhere that if a PR is outside
    > canada for 3+ years,they are still welcome. Can somebody clarify on this please? or
    > what is the alternative ?
    >
    > thanks
    >
    >
    >
    > --
    > Posted via http://britishexpats.com

In article <[email protected]>, [email protected] says...
    > Hello,
    >
    > I had RRP too,but I did not get back and it is nearly 3 years now. Can I use the
    > same RRP to get back to canada, coz' I heard somewhere that if a PR is outside
    > canada for 3+ years,they are still welcome. Can somebody clarify on this please? or
    > what is the alternative ?

A permanent resident who is absent for 3 years, under the present Regulations, is
still able to return to Canada to seek readmission. At such time, an immigration
official will make a determination as to whether or not status was abandoned during
the absence. It may be necessary for you to demonstrate that you did not have any
such intention.

After June 28th, it is expected that the total number of days of your absence will be
assessed. It is expected that time spent absent with a valid RRP will be counted as
residence in Canada.

From CIC:

New, transparent residency criteria

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.

The period under review when assessing the residency obligation is limited to the
last five years immediately preceding the examination for persons who have been a
permanent resident for at least five years. For persons who have been permanent
residents for less than 5 years, the test is that they be able to comply with their
residency obligation in respect of the five year period immediately after becoming a
permanent resident. Humanitarian and compassionate considerations, which take into
account the best interests of affected children, will be carefully reviewed before
any loss of residency decisions are rendered for failure to satisfy the residency
obligation. This is new as the current Act only allows for humanitarian
considerations to be reviewed during an appeal but not during the initial loss of
status determination. Bill C-11also provides for an oral appeal to the Immigration
Appeal Division of all IRB decisions regarding failure to meet the residency
obligation. This includes consideration of any humanitarian and compassionate
circumstances and is subject to judicial review by the Federal Court.
________
CAMPBELL, COHEN - attorneys at law tel:514.937.9445 / fax:514.937.2618
[email protected] http://canadavisa.com

Online Community: http://canadavisa.com/community

In the bill there is a mention that if you stay oveseas working for a canadian based
company, the time is counted towards residency.

1. How would this "Company" be interpreted as? Would this include small companies or
individual businesses that have an opportunity of doing buisness oveseas without a
real overseas branch?

2. Would long business trips counts spcially if one is in a consulting business?

Thanks, -- Marvin

David Cohen <[email protected]> wrote in message
news:<[email protected] a>...
    > In article <[email protected]>, [email protected] says...
    > > Hello,
    > >
    > > I had RRP too,but I did not get back and it is nearly 3 years now. Can I use the
    > > same RRP to get back to canada, coz' I heard somewhere that if a PR is outside
    > > canada for 3+ years,they are still welcome. Can somebody clarify on this please?
    > > or what is the alternative ?
    >
    > A permanent resident who is absent for 3 years, under the present Regulations, is
    > still able to return to Canada to seek readmission. At such time, an immigration
    > official will make a determination as to whether or not status was abandoned during
    > the absence. It may be necessary for you to demonstrate that you did not have any
    > such intention.
    >
    > After June 28th, it is expected that the total number of days of your absence will
    > be assessed. It is expected that time spent absent with a valid RRP will be counted
    > as residence in Canada.
    >
    > From CIC:
    >
    > New, transparent residency criteria
    >
    > 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.
    >
    > The period under review when assessing the residency obligation is limited to the
    > last five years immediately preceding the examination for persons who have been a
    > permanent resident for at least five years. For persons who have been permanent
    > residents for less than 5 years, the test is that they be able to comply with their
    > residency obligation in respect of the five year period immediately after becoming
    > a permanent resident. Humanitarian and compassionate considerations, which take
    > into account the best interests of affected children, will be carefully reviewed
    > before any loss of residency decisions are rendered for failure to satisfy the
    > residency obligation. This is new as the current Act only allows for humanitarian
    > considerations to be reviewed during an appeal but not during the initial loss of
    > status determination. Bill C-11also provides for an oral appeal to the Immigration
    > Appeal Division of all IRB decisions regarding failure to meet the residency
    > obligation. This includes consideration of any humanitarian and compassionate
    > circumstances and is subject to judicial review by the Federal Court.
    > ________
    > CAMPBELL, COHEN - attorneys at law tel:514.937.9445 / fax:514.937.2618
    > [email protected] http://canadavisa.com
    >
    > Online Community: http://canadavisa.com/community

Wait for the final Regulations to be published to see what exactly "Canadian
business" means. Proposed Regulations define it so far as follows:

TESTTEST

59. (1) Subject to subsection (2), for the purposes of subparagraphs
59(1)(a)(i) and (iv) of the Act and of this section, a Canadian business is

(a) a corporation that is incorporated under the laws of Canada or of a province and
that has an ongoing operation in Canada;

(b) an enterprise, other than a corporation described in paragraph (a), that has an
ongoing operation in Canada and

(c) that is capable of generating revenue and is carried out in anticipation of
profit, and

(d) in which a majority of voting or ownership interests is held by Canadian
citizens, permanent residents, or Canadian businesses as defined in this
subsection, or

(e) an organization or enterprise created by the laws of Canada or a province.

(2) For greater certainty, a Canadian business does not include a business that
serves primarily for the purpose of allowing a permanent resident to meet their
residency obligations while residing outside Canada.

(3) For the purposes of subparagraphs 28(2)(a)(iii) and (iv) of the Act, the
expression "employed on a full-time basis by a Canadian business or in the public
service of Canada or of a province" means, in relation to a permanent resident,
that the permanent resident is an employee of, or under contract to provide
services to, a Canadian business or the public service of Canada or of a
province, and is assigned on a full-time basis as a term of the employment or
contract to

(a) a position outside Canada;

(b) an affiliated enterprise outside Canada; or

(c) a client of the Canadian business or the public

TESTTEST-

It doesn't look that what you are referring to will fit into the above
definition at all.

Business or any other trips abroad (except when accompanying a spouse who is a
Canadian citizen) will not count towards days of residency in Canada.

--

../..

Andrew Miller Immigration Consultant Vancouver, British Columbia email:
millercicanada.com (delete REMOVE and INVALID from the above address before
sending email)
________________________________

"Marvin" <[email protected]> wrote in message
news:[email protected]...
    > In the bill there is a mention that if you stay oveseas working for a canadian
    > based company, the time is counted towards residency.
    >
    > 1. How would this "Company" be interpreted as? Would this include small companies
    > or individual businesses that have an opportunity of doing buisness oveseas
    > without a real overseas branch?
    >
    > 2. Would long business trips counts spcially if one is in a consulting business?
    >
    > Thanks, -- Marvin
    >
    >
    >
    > David Cohen <[email protected]> wrote in message
news:<[email protected] a>...
    > > In article <[email protected]>, [email protected] says...
    > > > Hello,
    > > >
    > > > I had RRP too,but I did not get back and it is nearly 3 years now. Can I use
    > > > the same RRP to get back to canada, coz' I heard somewhere that if a PR is
    > > > outside canada for 3+ years,they are still welcome. Can somebody clarify on
    > > > this please? or what is the alternative ?
    > >
    > > A permanent resident who is absent for 3 years, under the present Regulations, is
    > > still able to return to Canada to seek readmission. At such time, an immigration
    > > official will make a determination as to whether or not status was abandoned
    > > during the absence. It may be necessary for you to demonstrate that you did not
    > > have any such intention.
    > >
    > > After June 28th, it is expected that the total number of days of your absence
    > > will be assessed. It is expected that time spent absent with a valid RRP will be
    > > counted as residence in Canada.
    > >
    > > From CIC:
    > >
    > > New, transparent residency criteria
    > >
    > > 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.
    > >
    > > The period under review when assessing the residency obligation is limited to the
    > > last five years immediately preceding the examination for persons who have been a
    > > permanent resident for at least five years. For persons who have been permanent
    > > residents for less than 5 years, the test is that they be able to comply with
    > > their residency obligation in respect of the five year period immediately after
    > > becoming a permanent resident. Humanitarian and compassionate considerations,
    > > which take into account the best interests of affected children, will be
    > > carefully reviewed before any loss of residency decisions are rendered for
    > > failure to satisfy the residency obligation. This is new as the current Act only
    > > allows for humanitarian considerations to be reviewed during an appeal but not
    > > during the initial loss of status determination. Bill C-11also provides for an
    > > oral appeal to the Immigration Appeal Division of all IRB decisions regarding
    > > failure to meet the residency obligation. This includes consideration of any
    > > humanitarian and compassionate circumstances and is subject to judicial review by
    > > the Federal Court.
    > > ________
    > > CAMPBELL, COHEN - attorneys at law tel:514.937.9445 / fax:514.937.2618
    > > [email protected] http://canadavisa.com
    > >
    > > Online Community: http://canadavisa.com/community

P.S.

We also need to wait for Immigration Manual to see how the "Canadian business"
definition will be interpreted there, but it may be possible that business trips
abroad on behalf of Canadian employer will be counted towards residency requirements.
But again - we need to wait and see the final version of rules and Manual.

--

../..

Andrew Miller Immigration Consultant Vancouver, British Columbia email:
millercicanada.com (delete REMOVE and INVALID from the above address before
sending email)
________________________________

"Andrew Miller" <millercitelus.net> wrote in message
news:[email protected]...
    > Wait for the final Regulations to be published to see what exactly "Canadian
    > business" means. Proposed Regulations define it so far as follows:
    >

--
    > TESTTEST
    >
    > 59. (1) Subject to subsection (2), for the purposes of subparagraphs
    > 28(2)(a)(iii) and (iv) of the Act and of this section, a Canadian business is
    >
    > (a) a corporation that is incorporated under the laws of Canada or of a province
    > and that has an ongoing operation in Canada;
    >
    > (b) an enterprise, other than a corporation described in paragraph (a), that has
    > an ongoing operation in Canada and
    >
    > (i) that is capable of generating revenue and is carried out in anticipation
of
    > profit, and
    >
    > (ii) in which a majority of voting or ownership interests is held by Canadian
    > citizens, permanent residents, or Canadian businesses as defined in this
    > subsection, or
    >
    > (c) an organization or enterprise created by the laws of Canada or a
province.
    >
    > (2) For greater certainty, a Canadian business does not include a business
that
    > serves primarily for the purpose of allowing a permanent resident to meet
their
    > residency obligations while residing outside Canada.
    >
    > (3) For the purposes of subparagraphs 28(2)(a)(iii) and (iv) of the Act, the
    > expression "employed on a full-time basis by a Canadian business or in the
    > public service of Canada or of a province" means, in relation to a permanent
    > resident, that the permanent resident is an employee of, or under contract to
    > provide services to, a Canadian business or the public service of Canada or
of
    > a province, and is assigned on a full-time basis as a term of the employment
or
    > contract to
    >
    > (a) a position outside Canada;
    >
    > (b) an affiliated enterprise outside Canada; or
    >
    > (c) a client of the Canadian business or the public
    >

--
    > TESTTEST-
    >
    > It doesn't look that what you are referring to will fit into the above
    > definition at all.
    >
    >
    > Business or any other trips abroad (except when accompanying a spouse who is
a
    > Canadian citizen) will not count towards days of residency in Canada.
    >
    > --
    >
    > ../..
    >
    > Andrew Miller Immigration Consultant Vancouver, British Columbia email:
    > millercicanada.com (delete REMOVE and INVALID from the above address before
    > sending email)
    > ________________________________
    >
    >
    >
    > "Marvin" <[email protected]> wrote in message
    > news:[email protected]...
    > > In the bill there is a mention that if you stay oveseas working for a canadian
    > > based company, the time is counted towards residency.
    > >
    > > 1. How would this "Company" be interpreted as? Would this include small companies
    > > or individual businesses that have an opportunity of doing buisness oveseas
    > > without a real overseas branch?
    > >
    > > 2. Would long business trips counts spcially if one is in a consulting business?
    > >
    > > Thanks, -- Marvin
    > >
    > >
    > >
    > > David Cohen <[email protected]> wrote in message
    > news:<[email protected] a>...
    > > > In article <[email protected]>, [email protected] says...
    > > > > Hello,
    > > > >
    > > > > I had RRP too,but I did not get back and it is nearly 3 years now. Can
I
    > > > > use the same RRP to get back to canada, coz' I heard somewhere that if
a
    > > > > PR is outside canada for 3+ years,they are still welcome. Can somebody
    > > > > clarify on this please? or what is the alternative ?
    > > >
    > > > A permanent resident who is absent for 3 years, under the present Regulations,
    > > > is still able to return to Canada to seek readmission. At such time, an
    > > > immigration official will make a determination as to whether or not status was
    > > > abandoned during the absence. It may be necessary for you to demonstrate that
    > > > you did not have any such intention.
    > > >
    > > > After June 28th, it is expected that the total number of days of your absence
    > > > will be assessed. It is expected that time spent absent with a valid RRP will
    > > > be counted as residence in Canada.
    > > >
    > > > From CIC:
    > > >
    > > > New, transparent residency criteria
    > > >
    > > > 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.
    > > >
    > > > The period under review when assessing the residency obligation is limited to
    > > > the last five years immediately preceding the examination for persons who have
    > > > been a permanent resident for at least five years. For persons who have been
    > > > permanent residents for less than 5 years, the test is that they be able to
    > > > comply with their residency obligation in respect of the five year period
    > > > immediately after becoming a permanent resident. Humanitarian and compassionate
    > > > considerations, which take into account the best interests of affected
    > > > children, will be carefully reviewed before any loss of residency decisions are
    > > > rendered for failure to satisfy the residency obligation. This is new as the
    > > > current Act only allows for humanitarian considerations to be reviewed during
    > > > an appeal but not during the initial loss of status determination. Bill
    > > > C-11also provides for an oral appeal to the Immigration Appeal Division of all
    > > > IRB decisions regarding failure to meet the residency obligation. This includes
    > > > consideration of any humanitarian and compassionate circumstances and is
    > > > subject to judicial review by the Federal Court.
    > > > ________
    > > > CAMPBELL, COHEN - attorneys at law tel:514.937.9445 / fax:514.937.2618
    > > > [email protected] http://canadavisa.com
    > > >
    > > > Online Community: http://canadavisa.com/community