Haa

I got a Canadian redident immigrant visa 3 years ago, I only stayed one year in
Canada and I have got an attractive job contract in the arabian gulf area 2 years ago
which means that I left for more than 6 months . What is the case if I wanted to
return back to Canada , is it possible to resume my old visa

David Cohen

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If you wish to return prior to June 28th, you may be required to demonstrate that you
did not have the intention to abandon Canada as the place of your permanent
residence. After June 28th, following the implementation of Bill C11, an absence of
greater than 3 out of 5 years may mean automatic forfeiture of status.

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

Haa

David Cohen <[email protected]>
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[usenetquote2]> > I got a Canadian redident immigrant visa 3 years ago, I only stayed one year in[/usenetquote2]
[usenetquote2]> > Canada and I have got an attractive job contract in the arabian gulf area 2 years[/usenetquote2]
[usenetquote2]> > ago which means that I left for more than 6 months . What is the case if I wanted[/usenetquote2]
[usenetquote2]> > to return back to Canada , is it possible to resume my old visa[/usenetquote2]
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Thanks David Kohen for your detailed reply, but now if I decided to go back to Canada
before June 28 so what kind of questions that the immigration officials in the
airport will ask me and relating to my case is it probably possible they refuse me to
enter Canada so What your expectaions

X User

Dear David,

You say:

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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.
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Please, explain this. (Does it mean that one would have to reside in Canada for at
least 2 years in the last 5-or-less years after one became resident?)

Thanks.