2/5 year rule, experts your advice needed
Jun 21st 2002, 8:20 am
#1
Guest
Posts: n/a
2/5 year rule, experts your advice needed
I landed in Dec. 2001 and stayed until Jan 2002. Left to settle my matters and came
back in May, 2002. Now if I want to go for couple of months after June 28, how the
officer at the port of entry will examine my case on my return. Your reply is highly
appreciated.
Khan
back in May, 2002. Now if I want to go for couple of months after June 28, how the
officer at the port of entry will examine my case on my return. Your reply is highly
appreciated.
Khan
Jun 21st 2002, 11:20 am
#2
Guest
Posts: n/a
Re: 2/5 year rule, experts your advice needed
The rule is you must meet 2 years of residence in Canada within a 5 year period. For
you the 5 year period will begin in Dec 2001 when you landed. So far you have had 4
months out of that period of around 3/4 a year, so theoreticaly you could leave after
June 28th and stay out for another 2 and a bit years and return still having
satisfied residency requirements. The officer, if they are suspicious of your length
of stay will no doubt ask you how long you have been out and it is your
responsibility to prove you have satisifed residency requirementsm, which should be
easy enough with plane tickets etc.
"KNH" <[email protected]> wrote in message
news:[email protected]...
> I landed in Dec. 2001 and stayed until Jan 2002. Left to settle my matters and came
> back in May, 2002. Now if I want to go for couple of months after June 28, how the
> officer at the port of entry will examine my case on my return. Your reply is
> highly appreciated.
>
> Khan
you the 5 year period will begin in Dec 2001 when you landed. So far you have had 4
months out of that period of around 3/4 a year, so theoreticaly you could leave after
June 28th and stay out for another 2 and a bit years and return still having
satisfied residency requirements. The officer, if they are suspicious of your length
of stay will no doubt ask you how long you have been out and it is your
responsibility to prove you have satisifed residency requirementsm, which should be
easy enough with plane tickets etc.
"KNH" <[email protected]> wrote in message
news:[email protected]...
> I landed in Dec. 2001 and stayed until Jan 2002. Left to settle my matters and came
> back in May, 2002. Now if I want to go for couple of months after June 28, how the
> officer at the port of entry will examine my case on my return. Your reply is
> highly appreciated.
>
> Khan
Jun 21st 2002, 1:20 pm
#3
Guest
Posts: n/a
Re: 2/5 year rule, experts your advice needed
The officer might consider that you stayed only a couple weeks in January and
only a couple weeks in June and that therefore you have never established
residency in Canada. That you have only "visited" Canada for short stays and
never really moved here.
I would advise you to ensure you have solid proof of having established residency in
Canada before you once again leave for months.
"KNH" <[email protected]> wrote in message
news:[email protected]...
> I landed in Dec. 2001 and stayed until Jan 2002. Left to settle my matters and came
> back in May, 2002. Now if I want to go for couple of months after June 28, how the
> officer at the port of entry will examine my case on my return. Your reply is
> highly appreciated.
>
> Khan
only a couple weeks in June and that therefore you have never established
residency in Canada. That you have only "visited" Canada for short stays and
never really moved here.
I would advise you to ensure you have solid proof of having established residency in
Canada before you once again leave for months.
"KNH" <[email protected]> wrote in message
news:[email protected]...
> I landed in Dec. 2001 and stayed until Jan 2002. Left to settle my matters and came
> back in May, 2002. Now if I want to go for couple of months after June 28, how the
> officer at the port of entry will examine my case on my return. Your reply is
> highly appreciated.
>
> Khan
Jun 21st 2002, 3:20 pm
#4
Guest
Posts: n/a
Re: 2/5 year rule, experts your advice needed
If a person has legaly been staying in Canada for two years before landing does
immigration authorities count this period towards the 2/5 year rule?
Thank you.
"anrkist" <[email protected]> wrote in message
news:[email protected]...
> The officer might consider that you stayed only a couple weeks in January and
> only a couple weeks in June and that therefore you have never established
> residency in Canada. That you have only "visited" Canada for short stays and
> never really moved here.
>
> I would advise you to ensure you have solid proof of having established residency
> in Canada before you once again leave for months.
>
>
> "KNH" <[email protected]> wrote in message
> news:[email protected]...
> > I landed in Dec. 2001 and stayed until Jan 2002. Left to settle my
matters
> > and came back in May, 2002. Now if I want to go for couple of months
after
> > June 28, how the officer at the port of entry will examine my case on my return.
> > Your reply is highly appreciated.
> >
> > Khan
> >
> >
>
immigration authorities count this period towards the 2/5 year rule?
Thank you.
"anrkist" <[email protected]> wrote in message
news:[email protected]...
> The officer might consider that you stayed only a couple weeks in January and
> only a couple weeks in June and that therefore you have never established
> residency in Canada. That you have only "visited" Canada for short stays and
> never really moved here.
>
> I would advise you to ensure you have solid proof of having established residency
> in Canada before you once again leave for months.
>
>
> "KNH" <[email protected]> wrote in message
> news:[email protected]...
> > I landed in Dec. 2001 and stayed until Jan 2002. Left to settle my
matters
> > and came back in May, 2002. Now if I want to go for couple of months
after
> > June 28, how the officer at the port of entry will examine my case on my return.
> > Your reply is highly appreciated.
> >
> > Khan
> >
> >
>
Jun 21st 2002, 4:20 pm
#5
Guest
Posts: n/a
Re: 2/5 year rule, experts your advice needed
No.
--
../..
Andrew Miller Immigration Consultant Vancouver, British Columbia email:
millercicanada.com (delete REMOVE and INVALID from the above address before
sending email)
________________________________
"Nayden" <[email protected]> wrote in message
news:[email protected]...
> If a person has legaly been staying in Canada for two years before landing does
> immigration authorities count this period towards the 2/5 year rule?
>
> Thank you.
>
> "anrkist" <[email protected]> wrote in message
> news:[email protected]...
> > The officer might consider that you stayed only a couple weeks in January and
> > only a couple weeks in June and that therefore you have never established
> > residency in Canada. That you have only "visited" Canada for short stays and
> > never really moved here.
> >
> > I would advise you to ensure you have solid proof of having established residency
> > in Canada before you once again leave for months.
> >
> >
> > "KNH" <[email protected]> wrote in message
> > news:[email protected]...
> > > I landed in Dec. 2001 and stayed until Jan 2002. Left to settle my
> matters
> > > and came back in May, 2002. Now if I want to go for couple of months
> after
> > > June 28, how the officer at the port of entry will examine my case on my
> > > return. Your reply is highly appreciated.
> > >
> > > Khan
> > >
> > >
> >
> >
> >
>
--
../..
Andrew Miller Immigration Consultant Vancouver, British Columbia email:
millercicanada.com (delete REMOVE and INVALID from the above address before
sending email)
________________________________
"Nayden" <[email protected]> wrote in message
news:[email protected]...
> If a person has legaly been staying in Canada for two years before landing does
> immigration authorities count this period towards the 2/5 year rule?
>
> Thank you.
>
> "anrkist" <[email protected]> wrote in message
> news:[email protected]...
> > The officer might consider that you stayed only a couple weeks in January and
> > only a couple weeks in June and that therefore you have never established
> > residency in Canada. That you have only "visited" Canada for short stays and
> > never really moved here.
> >
> > I would advise you to ensure you have solid proof of having established residency
> > in Canada before you once again leave for months.
> >
> >
> > "KNH" <[email protected]> wrote in message
> > news:[email protected]...
> > > I landed in Dec. 2001 and stayed until Jan 2002. Left to settle my
> matters
> > > and came back in May, 2002. Now if I want to go for couple of months
> after
> > > June 28, how the officer at the port of entry will examine my case on my
> > > return. Your reply is highly appreciated.
> > >
> > > Khan
> > >
> > >
> >
> >
> >
>
Jun 22nd 2002, 2:20 pm
#6
Guest
Posts: n/a
Re: 2/5 year rule, experts your advice needed
Further on this discussion, experts please shed some light - highly appreciated:
1. If one has set-up the family in Canada by renting an apartment, children going to
school, paying utilities/telephone/internet/cable TV bill/running bank account,
driving licence obtained (all proof available at the time of return to Canada):
does this amount to 'establishing residence'.
2. I have heard that the passport is not chopped when a PR moves in and out of Canada
- how does the entry point immigration/customs officer know whether a PR has been
in or out of Canada, whether s/he meets the 183/365 or 2/5 rule?
1. If one has set-up the family in Canada by renting an apartment, children going to
school, paying utilities/telephone/internet/cable TV bill/running bank account,
driving licence obtained (all proof available at the time of return to Canada):
does this amount to 'establishing residence'.
2. I have heard that the passport is not chopped when a PR moves in and out of Canada
- how does the entry point immigration/customs officer know whether a PR has been
in or out of Canada, whether s/he meets the 183/365 or 2/5 rule?
Jun 22nd 2002, 3:02 pm
#7
Ex Mod (2002-2005)
Joined: May 2002
Location: NSW
Posts: 5,464
Re: 2/5 year rule, experts your advice needed
> 1. If one has set-up the family in Canada by renting an
> apartment, ... does this amount to 'establishing residence'.
It would seem so, yes. However, maintaining a job elsewhere, like the USA, would probably make the officer suspect something is amiss. Remember that while Canada allows for dual/multi citizenship, Canada does not legally recognize the concept of permanent residence status in more than one country.
> 2. I have heard that the passport is not chopped when a PR
> moves in and out of Canada - how does the entry point
> immigration/customs officer know whether a PR has been
> in or out of Canada, whether s/he meets the 183/365 or 2/5
> rule?
You could phone up the Immigration Department to ask them about this, or you could ask the immigration officer at the checkpoint to stamp your passport. I would assume officers at various air/sea ports would have no issue stamping your passport, and I would think officers at land border checkpoints with the USA might just wave you on and not bother to stamp your passport.
If you entered or exited Canada via an airport, keeping the airline stub with your name on it, would be sufficient, I guess.
Cheers,
Peter
> apartment, ... does this amount to 'establishing residence'.
It would seem so, yes. However, maintaining a job elsewhere, like the USA, would probably make the officer suspect something is amiss. Remember that while Canada allows for dual/multi citizenship, Canada does not legally recognize the concept of permanent residence status in more than one country.
> 2. I have heard that the passport is not chopped when a PR
> moves in and out of Canada - how does the entry point
> immigration/customs officer know whether a PR has been
> in or out of Canada, whether s/he meets the 183/365 or 2/5
> rule?
You could phone up the Immigration Department to ask them about this, or you could ask the immigration officer at the checkpoint to stamp your passport. I would assume officers at various air/sea ports would have no issue stamping your passport, and I would think officers at land border checkpoints with the USA might just wave you on and not bother to stamp your passport.
If you entered or exited Canada via an airport, keeping the airline stub with your name on it, would be sufficient, I guess.
Cheers,
Peter
Jun 22nd 2002, 3:20 pm
#8
Guest
Posts: n/a
Re: 2/5 year rule, experts your advice needed
bakwaasbn wrote:
>
> Further on this discussion, experts please shed some light - highly appreciated:
>
> 1. If one has set-up the family in Canada by renting an apartment, children going
> to school, paying utilities/telephone/internet/cable TV bill/running bank
> account, driving licence obtained (all proof available at the time of return to
> Canada): does this amount to 'establishing residence'.
Likely accetable, although your own presence is still required ...
> 2. I have heard that the passport is not chopped when a PR moves in and out of
> Canada - how does the entry point immigration/customs officer know whether a PR
> has been in or out of Canada, whether s/he meets the 183/365 or 2/5 rule?
It's not up to the immigration officer to know ... it's up to you to prove that
you've met the rule if they question you.
>
> Further on this discussion, experts please shed some light - highly appreciated:
>
> 1. If one has set-up the family in Canada by renting an apartment, children going
> to school, paying utilities/telephone/internet/cable TV bill/running bank
> account, driving licence obtained (all proof available at the time of return to
> Canada): does this amount to 'establishing residence'.
Likely accetable, although your own presence is still required ...
> 2. I have heard that the passport is not chopped when a PR moves in and out of
> Canada - how does the entry point immigration/customs officer know whether a PR
> has been in or out of Canada, whether s/he meets the 183/365 or 2/5 rule?
It's not up to the immigration officer to know ... it's up to you to prove that
you've met the rule if they question you.
Jun 22nd 2002, 5:20 pm
#9
Guest
Posts: n/a
Re: 2/5 year rule, experts your advice needed
>On 22 Jun 2002 17:22:37 -0700, [email protected] (bakwaasbn) wrote:
>Further on this discussion, experts please shed some light - highly appreciated:
>
>1. If one has set-up the family in Canada by renting an apartment, children going to
> school, paying utilities/telephone/internet/cable TV bill/running bank account,
> driving licence obtained (all proof available at the time of return to Canada):
> does this amount to 'establishing residence'.
On the basis of previous threads, I would think the answer is yes if you do more or
all of these things. But a driving licence on its own is not sufficient.
>
>2. I have heard that the passport is not chopped when a PR moves in and out of
> Canada - how does the entry point immigration/customs officer know whether a PR
> has been in or out of Canada, whether s/he meets the 183/365 or 2/5 rule?
They don't have to prove anything. It is you who needs to prove meeting the residence
requirement, not the other way around.
All they need to do is ask the questions like:
- how long have you been outside Canada?
- what country have you been in?
- what is your status in that country etc.
As for the 2/5 year rule, it looks like this is going to be enforced at the end of
the 5 year period when you need to re-apply for your PR card.
Jeremy
>Further on this discussion, experts please shed some light - highly appreciated:
>
>1. If one has set-up the family in Canada by renting an apartment, children going to
> school, paying utilities/telephone/internet/cable TV bill/running bank account,
> driving licence obtained (all proof available at the time of return to Canada):
> does this amount to 'establishing residence'.
On the basis of previous threads, I would think the answer is yes if you do more or
all of these things. But a driving licence on its own is not sufficient.
>
>2. I have heard that the passport is not chopped when a PR moves in and out of
> Canada - how does the entry point immigration/customs officer know whether a PR
> has been in or out of Canada, whether s/he meets the 183/365 or 2/5 rule?
They don't have to prove anything. It is you who needs to prove meeting the residence
requirement, not the other way around.
All they need to do is ask the questions like:
- how long have you been outside Canada?
- what country have you been in?
- what is your status in that country etc.
As for the 2/5 year rule, it looks like this is going to be enforced at the end of
the 5 year period when you need to re-apply for your PR card.
Jeremy
Jun 22nd 2002, 6:20 pm
#10
Guest
Posts: n/a
Re: 2/5 year rule, experts your advice needed
Peter
>On 23 Jun 2002 03:20:09 GMT, ptlabs <[email protected]> wrote:
>> 1. If one has set-up the family in Canada by renting an apartment, ... does this
>> amount to 'establishing residence'.
>
>It would seem so, yes. However, maintaining a job elsewhere, like the USA, would
>probably make the officer suspect something is amiss. Remember that while Canada
>allows for dual/multi citizenship, Canada does not legally recognize the concept of
>permanent residence status in more than one country.
That is true. However, the Canadian concept of permanent residence is mainly based on
where you physically reside (as well has holding a visa to do so). On the basis of
previous posts, if another country - such as New Zealand or the UK - lets you hold a
visa to return there as a resident any time you like, this would not conflict with
holding Canadian PR - provided your home was in Canada and not somewhere else.
Jeremy
>On 23 Jun 2002 03:20:09 GMT, ptlabs <[email protected]> wrote:
>> 1. If one has set-up the family in Canada by renting an apartment, ... does this
>> amount to 'establishing residence'.
>
>It would seem so, yes. However, maintaining a job elsewhere, like the USA, would
>probably make the officer suspect something is amiss. Remember that while Canada
>allows for dual/multi citizenship, Canada does not legally recognize the concept of
>permanent residence status in more than one country.
That is true. However, the Canadian concept of permanent residence is mainly based on
where you physically reside (as well has holding a visa to do so). On the basis of
previous posts, if another country - such as New Zealand or the UK - lets you hold a
visa to return there as a resident any time you like, this would not conflict with
holding Canadian PR - provided your home was in Canada and not somewhere else.
Jeremy
