Sakhr

Greetings,

I apologize in advance if this has been discussed before, but I am new to this
newsgroup.

I have the following question regarding Canada immigration and its laws regarding
acquiring the citizenship. I am a Canadian citizen and my wife is a landed
immigrant and we had a baby who was born in Canada. I am planning to leave Canada
this summer to work overseas but I have a concern regarding my wife's immigration
status. On one hand, to wait for her three years term to be completed by remaining
alone here in Canada would be very difficult since we do not have family here. On
the other hand, I am concerned that she would lose her status if we went overseas
and were not able to make these shuttle trips back and forth to Canada to keep the
landed permission alive.

Are there any exceptions or procedures for cases similar to mine? If my wife lost her
immigration status (if there were no procedures for our case and she could not do the
shuttle trips to Canada), would it be difficult to comeback to Canada if, say few
years down the road, I and my baby decide to comeback? Your help is greatly
appreciated.

Best regards, Sakhr.

Andrew Miller

Your wife will lose all the accumulated period of presence in Canada if she leaves
now for few years and she will have to start accumulating it all over after she
returns as only presence in Canada within 4 years immediately preceding citizenship
application can be counted. Unless you will be working abroad for the Canadian
government, the Province of Canada or serve with Canadian armed forces - in such case
days of absence from Canada when accompanying a spouse who is a Canadian citizens
would be counted as days of presence in Canada. If you are not going to work for any
of the above than no day of absence can be counted as presence.

But beside the loss of your wife's citizenship eligibility nothing else will happen
after implementation of new law on June 28th. New Immigration and Refugee Protection
Act provides that days of absence from Canada while accompanying a spouse who is a
Canadian citizen count as days of residency in Canada for the purpose of maintaining
PR status.

--

../..

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

"Sakhr" <[email protected]> wrote in message
news:[email protected]...
    > Greetings,
    >
    > I apologize in advance if this has been discussed before, but I am new to this
    > newsgroup.
    >
    > I have the following question regarding Canada immigration and its laws regarding
    > acquiring the citizenship. I am a Canadian citizen and my wife is a landed
    > immigrant and we had a baby who was born in Canada. I am planning to leave Canada
    > this summer to work overseas but I have a concern regarding my wife's immigration
    > status. On one hand, to wait for her three years term to be completed by remaining
    > alone here in Canada would be very difficult since we do not have family here. On
    > the other hand, I am concerned that she would lose her status if we went overseas
    > and were not able to make these shuttle trips back and forth to Canada to keep the
    > landed permission alive.
    >
    > Are there any exceptions or procedures for cases similar to mine? If my wife lost
    > her immigration status (if there were no procedures for our case and she could not
    > do the shuttle trips to Canada), would it be difficult to comeback to Canada if,
    > say few years down the road, I and my baby decide to comeback? Your help is greatly
    > appreciated.
    >
    > Best regards, Sakhr.

Mvr

Hi,

I guess your wife can get a returning resident permit (RRP) which would allow her to
be out of Canada for more than six months. I got mine for a year to work in the U.S.
I understand it can be extended for another year.....

The process was straight forward. I called the CIC call centre, got an application
form for RRP, sent it in, and got RRP in a month. Actually, I hear there is going to
be a change in the procedure from June 28, where you don't need an RRP at all, and
can stay out of the country for two out of five years without jeopardizing your
immigration status...you may want to check on that though!

Hope this helps.

"Sakhr" <[email protected]> wrote in message
news:[email protected]...
    > Greetings,
    >
    > I apologize in advance if this has been discussed before, but I am new to this
    > newsgroup.
    >
    > I have the following question regarding Canada immigration and its laws regarding
    > acquiring the citizenship. I am a Canadian citizen and my wife is a landed
    > immigrant and we had a baby who was born in Canada. I am planning to leave Canada
    > this summer to work overseas but I have a concern regarding my wife's immigration
    > status. On one hand, to wait for her three years term to be completed by remaining
    > alone here in Canada would be very difficult since we do not have family here. On
    > the other hand, I am concerned that she would lose her status if we went overseas
    > and were not able to make these shuttle trips back and forth to Canada to keep the
    > landed permission alive.
    >
    > Are there any exceptions or procedures for cases similar to mine? If my wife lost
    > her immigration status (if there were no procedures for our case and she could not
    > do the shuttle trips to Canada), would it be difficult to comeback to Canada if,
    > say few years down the road, I and my baby decide to comeback? Your help is greatly
    > appreciated.
    >
    > Best regards, Sakhr.

David Cohen

In article <[email protected] >, sakhr98
@hotmail.com says...
    > I apologize in advance if this has been discussed before, but I am new to this
    > newsgroup.
    >
    > I have the following question regarding Canada immigration and its laws regarding
    > acquiring the citizenship. I am a Canadian citizen and my wife is a landed
    > immigrant and we had a baby who was born in Canada. I am planning to leave Canada
    > this summer to work overseas but I have a concern regarding my wife's immigration
    > status. On one hand, to wait for her three years term to be completed by remaining
    > alone here in Canada would be very difficult since we do not have family here. On
    > the other hand, I am concerned that she would lose her status if we went overseas
    > and were not able to make these shuttle trips back and forth to Canada to keep the
    > landed permission alive.
    >
    > Are there any exceptions or procedures for cases similar to mine? If my wife lost
    > her immigration status (if there were no procedures for our case and she could not
    > do the shuttle trips to Canada), would it be difficult to comeback to Canada if,
    > say few years down the road, I and my baby decide to comeback? Your help is greatly
    > appreciated.

After June 28th, it is expected that the requirements for maintaining permanent
resident status will be based on the number of days for which an individual remains
in Canada out of any given 5 year period. Specifically, permanent residents may be
required to be physically resident here for 2 out of those 5 years. If your absence
is for longer than such, there is a real risk that your wife's status may be lost,
although an appeal may be possible.

If such status is lost, then you would be eligible to sponsor her in the future. This
would entail the costs and complication of a family class application, however.
________
CAMPBELL, COHEN - attorneys at law tel:514.937.9445 / fax:514.937.2618
[email protected] http://canadavisa.com

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