2 out of 5 for residency
#16
Guest
Posts: n/a
![Default](https://britishexpats.com/forum/images/icons/icon1.gif)
I agree. I have determined that if you are counting on luck or odds, then you are
making a mistake. People should know the situation and be clear on consequences of
their actions.
Of course this means looking at the laws and their application. I suppose we will
only know for sure after it has been tried a few times and some OMs are out on how to
handle (no doubt with substantial input from Justice)
--
All responses IMHO and no one else's.
Berto Volpentesta Member OPIC, Director OPIC
Sidhu & Volpentesta Inc. Serving People Around the World Since 1991 www.svcanada.com
321-3701 Chesswood Dr., Toronto, ON M3J 2P6 Canada
_________________________________________
Berto Volpentesta +1(416) 398 8882 Office +1(416) 787 0612 Office 2 +1(416) 892 2916
Cell e-mail: [email protected] ICQ#: 50212503 SMS ICQ): +278314250212503
"Andrew Miller" <millercitelus.net> wrote in message
news:[email protected]...
> Berto, I agree with you here as well and I don't see any reason or even a remote
> possibility for assessing all permanent residents meeting residency obligation as
> of June 28. But the original poster is out of Canada since landing and will be
> examined at least twice or three times anyway - first
time
> during his next entry to Canada and at this time examining officer may
raise
> the issue of not meeting residency obligation under old law, although it
is not
> likely to happen. Second examination will occur during the PR card
application
> if s/he decides to apply for such and the third one during citizenship application
> when questions not only about residency requirements but also
about
> ceasing/maintaining PR status will be examined. Of course s/he may get
lucky,
> but it is not the point...
>
> Cheers,
>
> --
>
> ../..
>
> Andrew Miller Immigration Consultant Vancouver, British Columbia email:
> millercicanada.com (delete REMOVE and INVALID from the above address before
> sending email)
> ________________________________
>
>
>
> "Berto Volpentesta" <[email protected]> wrote in message
> news:[email protected]...
> > Until 28th the current law is the law. No doubt about that. But under your
> > description every resident of Canada would have to be assessed on
28
> > JUN (or 27) to see if they meet the definition and then a report written
> > that day.
> >
> > Understand your point, but it appears that after 28th it would be the
2/5
> > rule that would determine residency.
> >
> >
> > --
> > All responses IMHO and no one else's.
> >
> > Berto Volpentesta Member OPIC, Director OPIC
> >
> > Sidhu & Volpentesta Inc. Serving People Around the World Since 1991
> > www.svcanada.com
> >
> > 321-3701 Chesswood Dr., Toronto, ON M3J 2P6 Canada
> > _________________________________________
> >
> > Berto Volpentesta +1(416) 398 8882 Office +1(416) 787 0612 Office 2 +1(416) 892
> > 2916 Cell e-mail: [email protected] ICQ#: 50212503 SMS ICQ): +278314250212503
> >
> >
> >
> >
> >
> > "Andrew Miller" <millercitelus.net> wrote in message
> > news:[email protected]...
> > > Berto,
> > >
> > > Until June 28th the old Immigration Act is the law, isn't it? If
someone
> > > already didn't meet residency (and other requirements, including
> > intentions) of
> > > the law in force at a time then how come new law coming being
implemented
> > on
> > > June 28 can reverse it? Is the new IRPA saying that whatever person
did or
> > > didn't do before June 28 will not count?
> > >
> > > --
> > >
> > > ../..
> > >
> > > Andrew Miller Immigration Consultant Vancouver, British Columbia email:
> > > millercicanada.com (delete REMOVE and INVALID from the above address before
> > > sending email)
> > > ________________________________
> > >
> > >
> > >
> > > "Berto Volpentesta" <[email protected]> wrote in message
> > > news:[email protected]...
> > > > Andrew,
> > > >
> > > > Why do believe he should meet the residency requirement in the old
act
> > > > before he can in the new? One section of the residency test is
clearly
> > > > forward looking. Therefore, we may argue that it is the intention
of
> > the
> > > > framers that people aught to be allowed to have this leave even if
they
> > > > enter Canada only for a short time before they leave.
> > > >
> > > > --
> > > > All responses IMHO and no one else's.
> > > >
> > > > Berto Volpentesta Member OPIC, Director OPIC
> > > >
> > > > Sidhu & Volpentesta Inc. Serving People Around the World Since 1991
> > > > www.svcanada.com
> > > >
> > > > 321-3701 Chesswood Dr., Toronto, ON M3J 2P6 Canada
> > > > _________________________________________
> > > >
> > > > Berto Volpentesta +1(416) 398 8882 Office +1(416) 787 0612 Office 2 +1(416)
> > > > 892 2916 Cell e-mail: [email protected] ICQ#: 50212503 SMS ICQ):
> > > > +278314250212503
> > > >
> > > >
> > > >
> > > >
> > > >
> > > > "Andrew Miller" <millercitelus.net> wrote in message
> > > > news:[email protected]...
> > > > > Until June 28 the old Immigration Act with all it's rules still
> > applies.
> > > > So, if
> > > > > you resided in Canada for only 5 months so far and you don't have
> > valid
> > > > RRP (as
> > > > > you are posting from US) then you didn't meet residency
requirements
> > > > already.
> > > > >
> > > > > --
> > > > >
> > > > > ../..
> > > > >
> > > > > Andrew Miller Immigration Consultant Vancouver, British Columbia email:
> > > > > millercicanada.com (delete REMOVE and INVALID from the above address before
> > > > > sending email)
> > > > > ________________________________
> > > > >
> > > > >
> > > > >
> > > > > "Can-PR" <[email protected]> wrote in message
> > > > > news:[email protected]...
> > > > > > Hello Sir,
> > > > > >
> > > > > > I landed in July 2001. I have lived in canada for 5 months only.
To
> > > > > > meet the Residency obligation I need to live one more month (as
per
> > > > > > old Rule 183 days).
> > > > > >
> > > > > > But As per your comment (New Law), As long as I have that 2 year period
> > > > > > of time within my 5 year(Right from the day I landed)
period
> > ,
> > > > > > I will still be able to meet the residency obligation.
> > > > > >
> > > > > > So in this scenario, As per old law I fail but as per new Law I
am
> > > > > > fine. Am I Right?
> > > > > >
> > > > > >
> > > > > > Thanks for all your help
> > > > > >
> > > > > >
> > > > > > "Berto Volpentesta" <[email protected]> wrote in message
> > > > > news:<[email protected]> ...
> > > > > > > Firstly, though moot, just because you were here for six
months
> > does
> > > > not
> > > > > > > mean you can leave. There was/is a lot more to residence than
> > number
> > > > of
> > > > > > > days in Canada.
> > > > > > >
> > > > > > > With the new rules you must be able to meet the residency
> > requirement
> > > > 2 out
> > > > > > > of 5 years of physical residence. So if you decide to leave
now,
> > you
> > > > > should
> > > > > > > make sure that by the time you come back you will still have
> > enough
> > > > time to
> > > > > > > make 2 years in Canada.
> > > > > > >
> > > > > > > --
> > > > > > > All responses IMHO and no one else's.
> > > > > > >
> > > > > > > Berto Volpentesta Member OPIC, Director OPIC
> > > > > > >
> > > > > > > Sidhu & Volpentesta Inc. Serving People Around the World Since 1991
> > > > > > > www.svcanada.com
> > > > > > >
> > > > > > > 321-3701 Chesswood Dr., Toronto, ON M3J 2P6 Canada
> > > > > > > _________________________________________
> > > > > > >
> > > > > > > Berto Volpentesta +1(416) 398 8882 Office +1(416) 787 0612 Office 2
> > > > > > > +1(416) 892 2916 Cell e-mail: [email protected] ICQ#: 50212503 SMS
> > > > > > > ICQ): +278314250212503
> > > > > > >
> > > > > > >
> > > > > > >
> > > > > > >
> > > > > > >
> > > > > > > "VM" <[email protected]> wrote in message
> > > > > > > news:[email protected]...
> > > > > > > > Hi, Could one of the experts please clarify the new rules
for
> > > > meeting
> > > > > > > > the residency requirement?
> > > > > > > >
> > > > > > > > I've been in Canada for over six months. I could now leave
under
> > the
> > > > > > > > old rules.
> > > > > > > >
> > > > > > > > However, under the new rules, if I leave now and come back
in
> > one
> > > > > > > > month, how will the officer assess that I am likely to meet
the
> > 2
> > > > out
> > > > > > > > of 5 requirement in the future? Isn't that even more
subjective
> > than
> > > > > > > > before? M.
> > > > > > > >
> > > > > > > >
> > > > > > > >
> > > > > > > > --
> > > > > > > > VM
> > > > > > > >
> > > > > > > > Posted via http://britishexpats.com
> > > > >
> > > > >
> > > >
> > > >
> > >
> > >
> >
>
making a mistake. People should know the situation and be clear on consequences of
their actions.
Of course this means looking at the laws and their application. I suppose we will
only know for sure after it has been tried a few times and some OMs are out on how to
handle (no doubt with substantial input from Justice)
--
All responses IMHO and no one else's.
Berto Volpentesta Member OPIC, Director OPIC
Sidhu & Volpentesta Inc. Serving People Around the World Since 1991 www.svcanada.com
321-3701 Chesswood Dr., Toronto, ON M3J 2P6 Canada
_________________________________________
Berto Volpentesta +1(416) 398 8882 Office +1(416) 787 0612 Office 2 +1(416) 892 2916
Cell e-mail: [email protected] ICQ#: 50212503 SMS ICQ): +278314250212503
"Andrew Miller" <millercitelus.net> wrote in message
news:[email protected]...
> Berto, I agree with you here as well and I don't see any reason or even a remote
> possibility for assessing all permanent residents meeting residency obligation as
> of June 28. But the original poster is out of Canada since landing and will be
> examined at least twice or three times anyway - first
time
> during his next entry to Canada and at this time examining officer may
raise
> the issue of not meeting residency obligation under old law, although it
is not
> likely to happen. Second examination will occur during the PR card
application
> if s/he decides to apply for such and the third one during citizenship application
> when questions not only about residency requirements but also
about
> ceasing/maintaining PR status will be examined. Of course s/he may get
lucky,
> but it is not the point...
>
> Cheers,
>
> --
>
> ../..
>
> Andrew Miller Immigration Consultant Vancouver, British Columbia email:
> millercicanada.com (delete REMOVE and INVALID from the above address before
> sending email)
> ________________________________
>
>
>
> "Berto Volpentesta" <[email protected]> wrote in message
> news:[email protected]...
> > Until 28th the current law is the law. No doubt about that. But under your
> > description every resident of Canada would have to be assessed on
28
> > JUN (or 27) to see if they meet the definition and then a report written
> > that day.
> >
> > Understand your point, but it appears that after 28th it would be the
2/5
> > rule that would determine residency.
> >
> >
> > --
> > All responses IMHO and no one else's.
> >
> > Berto Volpentesta Member OPIC, Director OPIC
> >
> > Sidhu & Volpentesta Inc. Serving People Around the World Since 1991
> > www.svcanada.com
> >
> > 321-3701 Chesswood Dr., Toronto, ON M3J 2P6 Canada
> > _________________________________________
> >
> > Berto Volpentesta +1(416) 398 8882 Office +1(416) 787 0612 Office 2 +1(416) 892
> > 2916 Cell e-mail: [email protected] ICQ#: 50212503 SMS ICQ): +278314250212503
> >
> >
> >
> >
> >
> > "Andrew Miller" <millercitelus.net> wrote in message
> > news:[email protected]...
> > > Berto,
> > >
> > > Until June 28th the old Immigration Act is the law, isn't it? If
someone
> > > already didn't meet residency (and other requirements, including
> > intentions) of
> > > the law in force at a time then how come new law coming being
implemented
> > on
> > > June 28 can reverse it? Is the new IRPA saying that whatever person
did or
> > > didn't do before June 28 will not count?
> > >
> > > --
> > >
> > > ../..
> > >
> > > Andrew Miller Immigration Consultant Vancouver, British Columbia email:
> > > millercicanada.com (delete REMOVE and INVALID from the above address before
> > > sending email)
> > > ________________________________
> > >
> > >
> > >
> > > "Berto Volpentesta" <[email protected]> wrote in message
> > > news:[email protected]...
> > > > Andrew,
> > > >
> > > > Why do believe he should meet the residency requirement in the old
act
> > > > before he can in the new? One section of the residency test is
clearly
> > > > forward looking. Therefore, we may argue that it is the intention
of
> > the
> > > > framers that people aught to be allowed to have this leave even if
they
> > > > enter Canada only for a short time before they leave.
> > > >
> > > > --
> > > > All responses IMHO and no one else's.
> > > >
> > > > Berto Volpentesta Member OPIC, Director OPIC
> > > >
> > > > Sidhu & Volpentesta Inc. Serving People Around the World Since 1991
> > > > www.svcanada.com
> > > >
> > > > 321-3701 Chesswood Dr., Toronto, ON M3J 2P6 Canada
> > > > _________________________________________
> > > >
> > > > Berto Volpentesta +1(416) 398 8882 Office +1(416) 787 0612 Office 2 +1(416)
> > > > 892 2916 Cell e-mail: [email protected] ICQ#: 50212503 SMS ICQ):
> > > > +278314250212503
> > > >
> > > >
> > > >
> > > >
> > > >
> > > > "Andrew Miller" <millercitelus.net> wrote in message
> > > > news:[email protected]...
> > > > > Until June 28 the old Immigration Act with all it's rules still
> > applies.
> > > > So, if
> > > > > you resided in Canada for only 5 months so far and you don't have
> > valid
> > > > RRP (as
> > > > > you are posting from US) then you didn't meet residency
requirements
> > > > already.
> > > > >
> > > > > --
> > > > >
> > > > > ../..
> > > > >
> > > > > Andrew Miller Immigration Consultant Vancouver, British Columbia email:
> > > > > millercicanada.com (delete REMOVE and INVALID from the above address before
> > > > > sending email)
> > > > > ________________________________
> > > > >
> > > > >
> > > > >
> > > > > "Can-PR" <[email protected]> wrote in message
> > > > > news:[email protected]...
> > > > > > Hello Sir,
> > > > > >
> > > > > > I landed in July 2001. I have lived in canada for 5 months only.
To
> > > > > > meet the Residency obligation I need to live one more month (as
per
> > > > > > old Rule 183 days).
> > > > > >
> > > > > > But As per your comment (New Law), As long as I have that 2 year period
> > > > > > of time within my 5 year(Right from the day I landed)
period
> > ,
> > > > > > I will still be able to meet the residency obligation.
> > > > > >
> > > > > > So in this scenario, As per old law I fail but as per new Law I
am
> > > > > > fine. Am I Right?
> > > > > >
> > > > > >
> > > > > > Thanks for all your help
> > > > > >
> > > > > >
> > > > > > "Berto Volpentesta" <[email protected]> wrote in message
> > > > > news:<[email protected]> ...
> > > > > > > Firstly, though moot, just because you were here for six
months
> > does
> > > > not
> > > > > > > mean you can leave. There was/is a lot more to residence than
> > number
> > > > of
> > > > > > > days in Canada.
> > > > > > >
> > > > > > > With the new rules you must be able to meet the residency
> > requirement
> > > > 2 out
> > > > > > > of 5 years of physical residence. So if you decide to leave
now,
> > you
> > > > > should
> > > > > > > make sure that by the time you come back you will still have
> > enough
> > > > time to
> > > > > > > make 2 years in Canada.
> > > > > > >
> > > > > > > --
> > > > > > > All responses IMHO and no one else's.
> > > > > > >
> > > > > > > Berto Volpentesta Member OPIC, Director OPIC
> > > > > > >
> > > > > > > Sidhu & Volpentesta Inc. Serving People Around the World Since 1991
> > > > > > > www.svcanada.com
> > > > > > >
> > > > > > > 321-3701 Chesswood Dr., Toronto, ON M3J 2P6 Canada
> > > > > > > _________________________________________
> > > > > > >
> > > > > > > Berto Volpentesta +1(416) 398 8882 Office +1(416) 787 0612 Office 2
> > > > > > > +1(416) 892 2916 Cell e-mail: [email protected] ICQ#: 50212503 SMS
> > > > > > > ICQ): +278314250212503
> > > > > > >
> > > > > > >
> > > > > > >
> > > > > > >
> > > > > > >
> > > > > > > "VM" <[email protected]> wrote in message
> > > > > > > news:[email protected]...
> > > > > > > > Hi, Could one of the experts please clarify the new rules
for
> > > > meeting
> > > > > > > > the residency requirement?
> > > > > > > >
> > > > > > > > I've been in Canada for over six months. I could now leave
under
> > the
> > > > > > > > old rules.
> > > > > > > >
> > > > > > > > However, under the new rules, if I leave now and come back
in
> > one
> > > > > > > > month, how will the officer assess that I am likely to meet
the
> > 2
> > > > out
> > > > > > > > of 5 requirement in the future? Isn't that even more
subjective
> > than
> > > > > > > > before? M.
> > > > > > > >
> > > > > > > >
> > > > > > > >
> > > > > > > > --
> > > > > > > > VM
> > > > > > > >
> > > > > > > > Posted via http://britishexpats.com
> > > > >
> > > > >
> > > >
> > > >
> > >
> > >
> >
>
#17
Guest
Posts: n/a
![Default](https://britishexpats.com/forum/images/icons/icon1.gif)
Ditto here...
--
../..
Andrew Miller Immigration Consultant Vancouver, British Columbia email:
millercicanada.com (delete REMOVE and INVALID from the above address before
sending email)
________________________________
"Berto Volpentesta" <[email protected]> wrote in message
news:[email protected]...
> I agree. I have determined that if you are counting on luck or odds, then you are
> making a mistake. People should know the situation and be clear on consequences of
> their actions.
>
> Of course this means looking at the laws and their application. I suppose we will
> only know for sure after it has been tried a few times and some OMs are out on how
> to handle (no doubt with substantial input from Justice)
>
> --
> All responses IMHO and no one else's.
>
> Berto Volpentesta Member OPIC, Director OPIC
>
> Sidhu & Volpentesta Inc. Serving People Around the World Since 1991
> www.svcanada.com
>
> 321-3701 Chesswood Dr., Toronto, ON M3J 2P6 Canada
> _________________________________________
>
> Berto Volpentesta +1(416) 398 8882 Office +1(416) 787 0612 Office 2 +1(416) 892
> 2916 Cell e-mail: [email protected] ICQ#: 50212503 SMS ICQ): +278314250212503
>
>
>
>
>
> "Andrew Miller" <millercitelus.net> wrote in message
> news:[email protected]...
> > Berto, I agree with you here as well and I don't see any reason or even a remote
> > possibility for assessing all permanent residents meeting residency obligation as
> > of June 28. But the original poster is out of Canada since landing and will be
> > examined at least twice or three times anyway - first
> time
> > during his next entry to Canada and at this time examining officer may
> raise
> > the issue of not meeting residency obligation under old law, although it
> is not
> > likely to happen. Second examination will occur during the PR card
> application
> > if s/he decides to apply for such and the third one during citizenship
> > application when questions not only about residency requirements but also
> about
> > ceasing/maintaining PR status will be examined. Of course s/he may get
> lucky,
> > but it is not the point...
> >
> > Cheers,
> >
> > --
> >
> > ../..
> >
> > Andrew Miller Immigration Consultant Vancouver, British Columbia email:
> > millercicanada.com (delete REMOVE and INVALID from the above address before
> > sending email)
> > ________________________________
> >
> >
> >
> > "Berto Volpentesta" <[email protected]> wrote in message
> > news:[email protected]...
> > > Until 28th the current law is the law. No doubt about that. But under your
> > > description every resident of Canada would have to be assessed on
> 28
> > > JUN (or 27) to see if they meet the definition and then a report written that
> > > day.
> > >
> > > Understand your point, but it appears that after 28th it would be the
> 2/5
> > > rule that would determine residency.
> > >
> > >
> > > --
> > > All responses IMHO and no one else's.
> > >
> > > Berto Volpentesta Member OPIC, Director OPIC
> > >
> > > Sidhu & Volpentesta Inc. Serving People Around the World Since 1991
> > > www.svcanada.com
> > >
> > > 321-3701 Chesswood Dr., Toronto, ON M3J 2P6 Canada
> > > _________________________________________
> > >
> > > Berto Volpentesta +1(416) 398 8882 Office +1(416) 787 0612 Office 2 +1(416) 892
> > > 2916 Cell e-mail: [email protected] ICQ#: 50212503 SMS ICQ): +278314250212503
> > >
> > >
> > >
> > >
> > >
> > > "Andrew Miller" <millercitelus.net> wrote in message
> > > news:[email protected]...
> > > > Berto,
> > > >
> > > > Until June 28th the old Immigration Act is the law, isn't it? If
> someone
> > > > already didn't meet residency (and other requirements, including
> > > intentions) of
> > > > the law in force at a time then how come new law coming being
> implemented
> > > on
> > > > June 28 can reverse it? Is the new IRPA saying that whatever person
> did or
> > > > didn't do before June 28 will not count?
> > > >
> > > > --
> > > >
> > > > ../..
> > > >
> > > > Andrew Miller Immigration Consultant Vancouver, British Columbia email:
> > > > millercicanada.com (delete REMOVE and INVALID from the above address before
> > > > sending email)
> > > > ________________________________
> > > >
> > > >
> > > >
> > > > "Berto Volpentesta" <[email protected]> wrote in message
> > > > news:[email protected]...
> > > > > Andrew,
> > > > >
> > > > > Why do believe he should meet the residency requirement in the old
> act
> > > > > before he can in the new? One section of the residency test is
> clearly
> > > > > forward looking. Therefore, we may argue that it is the intention
> of
> > > the
> > > > > framers that people aught to be allowed to have this leave even if
> they
> > > > > enter Canada only for a short time before they leave.
> > > > >
> > > > > --
> > > > > All responses IMHO and no one else's.
> > > > >
> > > > > Berto Volpentesta Member OPIC, Director OPIC
> > > > >
> > > > > Sidhu & Volpentesta Inc. Serving People Around the World Since 1991
> > > > > www.svcanada.com
> > > > >
> > > > > 321-3701 Chesswood Dr., Toronto, ON M3J 2P6 Canada
> > > > > _________________________________________
> > > > >
> > > > > Berto Volpentesta +1(416) 398 8882 Office +1(416) 787 0612 Office 2 +1(416)
> > > > > 892 2916 Cell e-mail: [email protected] ICQ#: 50212503 SMS ICQ):
> > > > > +278314250212503
> > > > >
> > > > >
> > > > >
> > > > >
> > > > >
> > > > > "Andrew Miller" <millercitelus.net> wrote in message
> > > > > news:[email protected]...
> > > > > > Until June 28 the old Immigration Act with all it's rules still
> > > applies.
> > > > > So, if
> > > > > > you resided in Canada for only 5 months so far and you don't have
> > > valid
> > > > > RRP (as
> > > > > > you are posting from US) then you didn't meet residency
> requirements
> > > > > already.
> > > > > >
> > > > > > --
> > > > > >
> > > > > > ../..
> > > > > >
> > > > > > Andrew Miller Immigration Consultant Vancouver, British Columbia email:
> > > > > > millercicanada.com (delete REMOVE and INVALID from the above address
> > > > > > before sending email)
> > > > > > ________________________________
> > > > > >
> > > > > >
> > > > > >
> > > > > > "Can-PR" <[email protected]> wrote in message
> > > > > > news:[email protected]...
> > > > > > > Hello Sir,
> > > > > > >
> > > > > > > I landed in July 2001. I have lived in canada for 5 months only.
> To
> > > > > > > meet the Residency obligation I need to live one more month (as
> per
> > > > > > > old Rule 183 days).
> > > > > > >
> > > > > > > But As per your comment (New Law), As long as I have that 2 year period
> > > > > > > of time within my 5 year(Right from the day I landed)
> period
> > > ,
> > > > > > > I will still be able to meet the residency obligation.
> > > > > > >
> > > > > > > So in this scenario, As per old law I fail but as per new Law I
> am
> > > > > > > fine. Am I Right?
> > > > > > >
> > > > > > >
> > > > > > > Thanks for all your help
> > > > > > >
> > > > > > >
> > > > > > > "Berto Volpentesta" <[email protected]> wrote in message
> > > > > > news:<[email protected]> ...
> > > > > > > > Firstly, though moot, just because you were here for six
> months
> > > does
> > > > > not
> > > > > > > > mean you can leave. There was/is a lot more to residence than
> > > number
> > > > > of
> > > > > > > > days in Canada.
> > > > > > > >
> > > > > > > > With the new rules you must be able to meet the residency
> > > requirement
> > > > > 2 out
> > > > > > > > of 5 years of physical residence. So if you decide to leave
> now,
> > > you
> > > > > > should
> > > > > > > > make sure that by the time you come back you will still have
> > > enough
> > > > > time to
> > > > > > > > make 2 years in Canada.
> > > > > > > >
> > > > > > > > --
> > > > > > > > All responses IMHO and no one else's.
> > > > > > > >
> > > > > > > > Berto Volpentesta Member OPIC, Director OPIC
> > > > > > > >
> > > > > > > > Sidhu & Volpentesta Inc. Serving People Around the World Since 1991
> > > > > > > > www.svcanada.com
> > > > > > > >
> > > > > > > > 321-3701 Chesswood Dr., Toronto, ON M3J 2P6 Canada
> > > > > > > > _________________________________________
> > > > > > > >
> > > > > > > > Berto Volpentesta +1(416) 398 8882 Office +1(416) 787 0612 Office 2
> > > > > > > > +1(416) 892 2916 Cell e-mail: [email protected] ICQ#: 50212503 SMS
> > > > > > > > ICQ): +278314250212503
> > > > > > > >
> > > > > > > >
> > > > > > > >
> > > > > > > >
> > > > > > > >
> > > > > > > > "VM" <[email protected]> wrote in message
> > > > > > > > news:[email protected]...
> > > > > > > > > Hi, Could one of the experts please clarify the new rules
> for
> > > > > meeting
> > > > > > > > > the residency requirement?
> > > > > > > > >
> > > > > > > > > I've been in Canada for over six months. I could now leave
> under
> > > the
> > > > > > > > > old rules.
> > > > > > > > >
> > > > > > > > > However, under the new rules, if I leave now and come back
> in
> > > one
> > > > > > > > > month, how will the officer assess that I am likely to meet
> the
> > > 2
> > > > > out
> > > > > > > > > of 5 requirement in the future? Isn't that even more
> subjective
> > > than
> > > > > > > > > before? M.
> > > > > > > > >
> > > > > > > > >
> > > > > > > > >
> > > > > > > > > --
> > > > > > > > > VM
> > > > > > > > >
> > > > > > > > > Posted via http://britishexpats.com
> > > > > >
> > > > > >
> > > > >
> > > > >
> > > >
> > > >
> > >
> > >
> >
>
--
../..
Andrew Miller Immigration Consultant Vancouver, British Columbia email:
millercicanada.com (delete REMOVE and INVALID from the above address before
sending email)
________________________________
"Berto Volpentesta" <[email protected]> wrote in message
news:[email protected]...
> I agree. I have determined that if you are counting on luck or odds, then you are
> making a mistake. People should know the situation and be clear on consequences of
> their actions.
>
> Of course this means looking at the laws and their application. I suppose we will
> only know for sure after it has been tried a few times and some OMs are out on how
> to handle (no doubt with substantial input from Justice)
>
> --
> All responses IMHO and no one else's.
>
> Berto Volpentesta Member OPIC, Director OPIC
>
> Sidhu & Volpentesta Inc. Serving People Around the World Since 1991
> www.svcanada.com
>
> 321-3701 Chesswood Dr., Toronto, ON M3J 2P6 Canada
> _________________________________________
>
> Berto Volpentesta +1(416) 398 8882 Office +1(416) 787 0612 Office 2 +1(416) 892
> 2916 Cell e-mail: [email protected] ICQ#: 50212503 SMS ICQ): +278314250212503
>
>
>
>
>
> "Andrew Miller" <millercitelus.net> wrote in message
> news:[email protected]...
> > Berto, I agree with you here as well and I don't see any reason or even a remote
> > possibility for assessing all permanent residents meeting residency obligation as
> > of June 28. But the original poster is out of Canada since landing and will be
> > examined at least twice or three times anyway - first
> time
> > during his next entry to Canada and at this time examining officer may
> raise
> > the issue of not meeting residency obligation under old law, although it
> is not
> > likely to happen. Second examination will occur during the PR card
> application
> > if s/he decides to apply for such and the third one during citizenship
> > application when questions not only about residency requirements but also
> about
> > ceasing/maintaining PR status will be examined. Of course s/he may get
> lucky,
> > but it is not the point...
> >
> > Cheers,
> >
> > --
> >
> > ../..
> >
> > Andrew Miller Immigration Consultant Vancouver, British Columbia email:
> > millercicanada.com (delete REMOVE and INVALID from the above address before
> > sending email)
> > ________________________________
> >
> >
> >
> > "Berto Volpentesta" <[email protected]> wrote in message
> > news:[email protected]...
> > > Until 28th the current law is the law. No doubt about that. But under your
> > > description every resident of Canada would have to be assessed on
> 28
> > > JUN (or 27) to see if they meet the definition and then a report written that
> > > day.
> > >
> > > Understand your point, but it appears that after 28th it would be the
> 2/5
> > > rule that would determine residency.
> > >
> > >
> > > --
> > > All responses IMHO and no one else's.
> > >
> > > Berto Volpentesta Member OPIC, Director OPIC
> > >
> > > Sidhu & Volpentesta Inc. Serving People Around the World Since 1991
> > > www.svcanada.com
> > >
> > > 321-3701 Chesswood Dr., Toronto, ON M3J 2P6 Canada
> > > _________________________________________
> > >
> > > Berto Volpentesta +1(416) 398 8882 Office +1(416) 787 0612 Office 2 +1(416) 892
> > > 2916 Cell e-mail: [email protected] ICQ#: 50212503 SMS ICQ): +278314250212503
> > >
> > >
> > >
> > >
> > >
> > > "Andrew Miller" <millercitelus.net> wrote in message
> > > news:[email protected]...
> > > > Berto,
> > > >
> > > > Until June 28th the old Immigration Act is the law, isn't it? If
> someone
> > > > already didn't meet residency (and other requirements, including
> > > intentions) of
> > > > the law in force at a time then how come new law coming being
> implemented
> > > on
> > > > June 28 can reverse it? Is the new IRPA saying that whatever person
> did or
> > > > didn't do before June 28 will not count?
> > > >
> > > > --
> > > >
> > > > ../..
> > > >
> > > > Andrew Miller Immigration Consultant Vancouver, British Columbia email:
> > > > millercicanada.com (delete REMOVE and INVALID from the above address before
> > > > sending email)
> > > > ________________________________
> > > >
> > > >
> > > >
> > > > "Berto Volpentesta" <[email protected]> wrote in message
> > > > news:[email protected]...
> > > > > Andrew,
> > > > >
> > > > > Why do believe he should meet the residency requirement in the old
> act
> > > > > before he can in the new? One section of the residency test is
> clearly
> > > > > forward looking. Therefore, we may argue that it is the intention
> of
> > > the
> > > > > framers that people aught to be allowed to have this leave even if
> they
> > > > > enter Canada only for a short time before they leave.
> > > > >
> > > > > --
> > > > > All responses IMHO and no one else's.
> > > > >
> > > > > Berto Volpentesta Member OPIC, Director OPIC
> > > > >
> > > > > Sidhu & Volpentesta Inc. Serving People Around the World Since 1991
> > > > > www.svcanada.com
> > > > >
> > > > > 321-3701 Chesswood Dr., Toronto, ON M3J 2P6 Canada
> > > > > _________________________________________
> > > > >
> > > > > Berto Volpentesta +1(416) 398 8882 Office +1(416) 787 0612 Office 2 +1(416)
> > > > > 892 2916 Cell e-mail: [email protected] ICQ#: 50212503 SMS ICQ):
> > > > > +278314250212503
> > > > >
> > > > >
> > > > >
> > > > >
> > > > >
> > > > > "Andrew Miller" <millercitelus.net> wrote in message
> > > > > news:[email protected]...
> > > > > > Until June 28 the old Immigration Act with all it's rules still
> > > applies.
> > > > > So, if
> > > > > > you resided in Canada for only 5 months so far and you don't have
> > > valid
> > > > > RRP (as
> > > > > > you are posting from US) then you didn't meet residency
> requirements
> > > > > already.
> > > > > >
> > > > > > --
> > > > > >
> > > > > > ../..
> > > > > >
> > > > > > Andrew Miller Immigration Consultant Vancouver, British Columbia email:
> > > > > > millercicanada.com (delete REMOVE and INVALID from the above address
> > > > > > before sending email)
> > > > > > ________________________________
> > > > > >
> > > > > >
> > > > > >
> > > > > > "Can-PR" <[email protected]> wrote in message
> > > > > > news:[email protected]...
> > > > > > > Hello Sir,
> > > > > > >
> > > > > > > I landed in July 2001. I have lived in canada for 5 months only.
> To
> > > > > > > meet the Residency obligation I need to live one more month (as
> per
> > > > > > > old Rule 183 days).
> > > > > > >
> > > > > > > But As per your comment (New Law), As long as I have that 2 year period
> > > > > > > of time within my 5 year(Right from the day I landed)
> period
> > > ,
> > > > > > > I will still be able to meet the residency obligation.
> > > > > > >
> > > > > > > So in this scenario, As per old law I fail but as per new Law I
> am
> > > > > > > fine. Am I Right?
> > > > > > >
> > > > > > >
> > > > > > > Thanks for all your help
> > > > > > >
> > > > > > >
> > > > > > > "Berto Volpentesta" <[email protected]> wrote in message
> > > > > > news:<[email protected]> ...
> > > > > > > > Firstly, though moot, just because you were here for six
> months
> > > does
> > > > > not
> > > > > > > > mean you can leave. There was/is a lot more to residence than
> > > number
> > > > > of
> > > > > > > > days in Canada.
> > > > > > > >
> > > > > > > > With the new rules you must be able to meet the residency
> > > requirement
> > > > > 2 out
> > > > > > > > of 5 years of physical residence. So if you decide to leave
> now,
> > > you
> > > > > > should
> > > > > > > > make sure that by the time you come back you will still have
> > > enough
> > > > > time to
> > > > > > > > make 2 years in Canada.
> > > > > > > >
> > > > > > > > --
> > > > > > > > All responses IMHO and no one else's.
> > > > > > > >
> > > > > > > > Berto Volpentesta Member OPIC, Director OPIC
> > > > > > > >
> > > > > > > > Sidhu & Volpentesta Inc. Serving People Around the World Since 1991
> > > > > > > > www.svcanada.com
> > > > > > > >
> > > > > > > > 321-3701 Chesswood Dr., Toronto, ON M3J 2P6 Canada
> > > > > > > > _________________________________________
> > > > > > > >
> > > > > > > > Berto Volpentesta +1(416) 398 8882 Office +1(416) 787 0612 Office 2
> > > > > > > > +1(416) 892 2916 Cell e-mail: [email protected] ICQ#: 50212503 SMS
> > > > > > > > ICQ): +278314250212503
> > > > > > > >
> > > > > > > >
> > > > > > > >
> > > > > > > >
> > > > > > > >
> > > > > > > > "VM" <[email protected]> wrote in message
> > > > > > > > news:[email protected]...
> > > > > > > > > Hi, Could one of the experts please clarify the new rules
> for
> > > > > meeting
> > > > > > > > > the residency requirement?
> > > > > > > > >
> > > > > > > > > I've been in Canada for over six months. I could now leave
> under
> > > the
> > > > > > > > > old rules.
> > > > > > > > >
> > > > > > > > > However, under the new rules, if I leave now and come back
> in
> > > one
> > > > > > > > > month, how will the officer assess that I am likely to meet
> the
> > > 2
> > > > > out
> > > > > > > > > of 5 requirement in the future? Isn't that even more
> subjective
> > > than
> > > > > > > > > before? M.
> > > > > > > > >
> > > > > > > > >
> > > > > > > > >
> > > > > > > > > --
> > > > > > > > > VM
> > > > > > > > >
> > > > > > > > > Posted via http://britishexpats.com
> > > > > >
> > > > > >
> > > > >
> > > > >
> > > >
> > > >
> > >
> > >
> >
>