Vilmis

Hi,

How long I can stay outside Canada and don't lose my resident status ? Some time ago
it was, that I need to be in Canada not less then 6 months per year. How it is now ?

Andrew Miller

Citizenship law is not changing at all and you will still need to accumulate 1,095
days (3 years) of residency in Canada within 4 years prior to application to be
eligible to apply for citizenship. Simply meeting residency requirements for PR
status will not get you even remotely close to what you need to accumulate for the
citizenship application.

Only immigration law is changing and it has nothing to do with citizenship matters.

--

../..

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

"Vilmis" <[email protected]> wrote in message
news:[email protected]...
    > > It is still the same - you need to reside in Canada for at least 183 days
    > in
    > > any 12 months period.
    > thanks
    >
    > > this year you will be required to reside in Canada for at least 730 days
    > (2
    > > years) in 5 years period in order to meet residency requirements.
    > hmm..And how long I'll need to stay in Canada to get citizenship - now I need to
    > stay 3 years in 4 years period, and how will be by new law ?

Vilmis

    > Only immigration law is changing and it has nothing to do with citizenship matters.
I see. Thanks for info.

Doodle

So, can I go back to my home country to stay there for 11 months, after the initial
landing and complete all the formalities?. (OR)

Do I need to come back within 183 days?

Please clarify. Thanks. -Pat.

Andrew Miller

No, you cannot under the current law, unless you have a very solid reason for that
and obtain Returning Resident Permit. Note that RRP cannot be issued to someone who
didn't establish permanent residency in Canada - going through the landing process
and obtaining SIN card is not establishing residency...

--

../..

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

"doodle" <[email protected]> wrote in message
news:[email protected]...
    > So, can I go back to my home country to stay there for 11 months, after the initial
    > landing and complete all the formalities?. (OR)
    >
    > Do I need to come back within 183 days?
    >
    > Please clarify. Thanks. -Pat.

Stuart Brook

doodle wrote:
    >
    > So, can I go back to my home country to stay there for 11 months, after the initial
    > landing and complete all the formalities?. (OR)
    >
    > Do I need to come back within 183 days?
    >
    > Please clarify. Thanks. -Pat.

Absolutely not! You need to come back within a definable period (generally a month or
two is permitted). If you leave it longer than a month or so to return and actually
*establish* residence, CIC may readily say on your return that you DIDN'T establish
residence as required, and void your original landing. If you're now past the
permitted landing date, your goose is cooked.

After you land and establish residence, then you are currently permitted to leave
Canada for up to 183 days in a calendar year.

Remember that landing is more than just the paperwork formalities, it is actually
*establishing a residence*. i.e. a home, banking, a job etc. If you leave before
doing a good number of things that show your residence is Canada, then you risk on
your return being declared as not having landed.

Stuart

Stuart

../..

This concerns me as I am UK citizen currently working in US on L1B visa. Earlier this
year my canadian landing papers came through, valid up until Aug 4th but my US
contract is until Jan 2003. If I am to land in canada within the validity of my
documents but then return to US and complete my US contract is that going to
invalidate my canadian PR status ?

"Stuart Brook" <[email protected] > wrote in message
news:[email protected]...
    >
    >
    > doodle wrote:
    > >
    > > So, can I go back to my home country to stay there for 11 months, after the
    > > initial landing and complete all the formalities?. (OR)
    > >
    > > Do I need to come back within 183 days?
    > >
    > > Please clarify. Thanks. -Pat.
    >
    > Absolutely not! You need to come back within a definable period (generally a month
    > or two is permitted). If you leave it longer than a month or so to return and
    > actually *establish* residence, CIC may readily say on your return that you DIDN'T
    > establish residence as required, and void your original landing. If you're now past
    > the permitted landing date, your goose is cooked.
    >
    > After you land and establish residence, then you are currently permitted to leave
    > Canada for up to 183 days in a calendar year.
    >
    > Remember that landing is more than just the paperwork formalities, it is actually
    > *establishing a residence*. i.e. a home, banking, a job etc. If you leave before
    > doing a good number of things that show your residence is Canada, then you risk on
    > your return being declared as not having landed.
    >
    > Stuart
    >
    > Stuart

Vilmis

    > No, you cannot under the current law, unless you have a very solid reason for that
    > and obtain Returning Resident Permit. Note that RRP cannot be issued to someone who
    > didn't establish permanent residency in Canada - going through the landing process
    > and obtaining SIN card is not establishing residency...
OK, here is my situation - I landed here two yes ago, now haven't any job(IT), found
contract in Europe for 8 months. Will I have problems to obtain RRP ? I have SIN,
health card, driver licence, credit cards, personal and business bank accounts in
couple Canadian banks, business number, RRSP(Labour Sponsored IF). Of course I don't
intend to pay rent or any bills for this 8 month period. Is this can be reason don't
give me RRP ?

Andrew Miller

Taking a job abroad with a foreign employer is not a valid reason for RRP, sorry.

--

../..

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

"Vilmis" <[email protected]> wrote in message
news[email protected]...
    > > No, you cannot under the current law, unless you have a very solid reason
for
    > > that and obtain Returning Resident Permit. Note that RRP cannot be issued
to
    > > someone who didn't establish permanent residency in Canada - going through
the
    > > landing process and obtaining SIN card is not establishing residency...
    > OK, here is my situation - I landed here two yes ago, now haven't any
job(IT),
    > found contract in Europe for 8 months. Will I have problems to obtain RRP ? I have
    > SIN, health card, driver licence, credit cards, personal and business
bank
    > accounts in couple Canadian banks, business number, RRSP(Labour Sponsored
IF).
    > Of course I don't intend to pay rent or any bills for this 8 month period. Is
this can
    > be reason don't give me RRP ?

Alex

Dear Mr. Brook,

I perfectly realize that you are not the person who set forth immigration rules but
they don't make any sence to me. Who would be willing to give me a job if I intend to
leave Canada for 180 days as soon as I get an offer or in a month? Who is willing to
rent out an apartment for one month?. If I get a job and rent apartment no way I can
leave the country for such a long period of time. For how long time should I be
working and renting apartment before I can leave? Is it one week, or one month, or
half a year? What if I am studing in US university? I know that I can apply for RRP
but I cannot afford to leave my university for more than one week, (or I lose my F1
status) One week is enough to land but not enough to establish residence. What to do
in the situation like mine?

Thank you, Alex

Stuart Brook <[email protected] > wrote in message
news:<[email protected] da.ca>...
    > doodle wrote:
    > >
    > > So, can I go back to my home country to stay there for 11 months, after the
    > > initial landing and complete all the formalities?. (OR)
    > >
    > > Do I need to come back within 183 days?
    > >
    > > Please clarify. Thanks. -Pat.
    >
    > Absolutely not! You need to come back within a definable period (generally a month
    > or two is permitted). If you leave it longer than a month or so to return and
    > actually *establish* residence, CIC may readily say on your return that you DIDN'T
    > establish residence as required, and void your original landing. If you're now past
    > the permitted landing date, your goose is cooked.
    >
    > After you land and establish residence, then you are currently permitted to leave
    > Canada for up to 183 days in a calendar year.
    >
    > Remember that landing is more than just the paperwork formalities, it is actually
    > *establishing a residence*. i.e. a home, banking, a job etc. If you leave before
    > doing a good number of things that show your residence is Canada, then you risk on
    > your return being declared as not having landed.
    >
    > Stuart
    >
    > Stuart

Andrew Miller

First of all - please don't post "what if" questions. Describe your situation exactly
as is and what your intentions are and you may get better answer.

Second - immigration process is long enough to make plans and get ready for permanent
move to Canada. More, you still have immigration visa valid 12 months from medicals,
which in average cases gives you extra 5 to 8 months from receipt of landing papers
to actually land in Canada. If after such long time since your application you are
still not ready or willing to move permanently to Canada then you shouldn't apply for
immigration visa so early in the first place.

You may transfer to Canadian university and continue your education here
after landing.

Again - by applying for Canadian immigration visa you clearly declared that you are
willing, ready and able to move to Canada permanently, so do it.

--

../..

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

"Alex" <[email protected]> wrote in message
news:[email protected]...
    > Dear Mr. Brook,
    >
    > I perfectly realize that you are not the person who set forth immigration rules but
    > they don't make any sence to me. Who would be willing to give me a job if I intend
    > to leave Canada for 180 days as soon as I get an offer or in a month? Who is
    > willing to rent out an apartment for one month?. If I get a job and rent apartment
    > no way I can leave the country for such a long period of time. For how long time
    > should I be working and renting apartment before I can leave? Is it one week, or
    > one month, or half a year? What if I am studing in US university? I know that I can
    > apply for RRP but I cannot afford to leave my university for more than one week,
    > (or I lose my F1 status) One week is enough to land but not enough to establish
    > residence. What to do in the situation like mine?
    >
    > Thank you, Alex
    >
    >
    > Stuart Brook <[email protected] > wrote in
message news:<[email protected] da.ca>...
    > > doodle wrote:
    > > >
    > > > So, can I go back to my home country to stay there for 11 months, after the
    > > > initial landing and complete all the formalities?. (OR)
    > > >
    > > > Do I need to come back within 183 days?
    > > >
    > > > Please clarify. Thanks. -Pat.
    > >
    > > Absolutely not! You need to come back within a definable period (generally a
    > > month or two is permitted). If you leave it longer than a month or so to return
    > > and actually *establish* residence, CIC may readily say on your return that you
    > > DIDN'T establish residence as required, and void your original landing. If you're
    > > now past the permitted landing date, your goose is cooked.
    > >
    > > After you land and establish residence, then you are currently permitted to leave
    > > Canada for up to 183 days in a calendar year.
    > >
    > > Remember that landing is more than just the paperwork formalities, it is actually
    > > *establishing a residence*. i.e. a home, banking, a job etc. If you leave before
    > > doing a good number of things that show your residence is Canada, then you risk
    > > on your return being declared as not having landed.
    > >
    > > Stuart
    > >
    > > Stuart

Stuart Brook

Andrew Miller wrote:

    > Again - by applying for Canadian immigration visa you clearly declared that you are
    > willing, ready and able to move to Canada permanently, so do it.

ABSOLUTELY!

I agree that with long and highly variable processing times in some offices, that it
is hard to organise your life to be ready at the appropriate time, and that the laws
do not deal well with this situation, but that is the way it is and it is your
responsibility to deal with it, not Canada's.

The application instructions used to state very clearly that one should NOT apply
for permanent residence until such time as you are ready, willing and able to move
to Canada.

Stuart

Jaj

Andrew The number of posts asking this same question really makes me wonder what
proportion of Canada's immigrants:

- never land properly; or
- lose their PR later on through not meeting residency requirement.

If people posting on this NG are a representative sample of Canada's migration
intake, then the proportion appears to be quite significant.

Jeremy

    >On Mon, 22 Apr 2002 17:17:48 GMT, "Andrew Miller" <millercitelus.net> wrote:

    >First of all - please don't post "what if" questions. Describe your situation
    >exactly as is and what your intentions are and you may get better answer.
    >
    >Second - immigration process is long enough to make plans and get ready for
    >permanent move to Canada. More, you still have immigration visa valid 12 months from
    >medicals, which in average cases gives you extra 5 to 8 months from receipt of
    >landing papers to actually land in Canada. If after such long time since your
    >application you are still not ready or willing to move permanently to Canada then
    >you shouldn't apply for immigration visa so early in the first place.
    >
    >You may transfer to Canadian university and continue your education here
    >after landing.
    >
    >Again - by applying for Canadian immigration visa you clearly declared that you are
    >willing, ready and able to move to Canada permanently, so do it.
    >
    >--
    >
    >../..
    >
    >Andrew Miller Immigration Consultant Vancouver, British Columbia email:
    >millercicanada.com (delete REMOVE and INVALID from the above address before
    >sending email)
    >________________________________

Andrew Miller

This proportion is significant only among very specific nationals (mainly citizens of
few Commonwealth countries) who work in US on H1 visa and use Canada as a backup just
in case their Green Card doesn't come through on time, or who want to go to US but
cannot get US visa in the first place and want to use their Canadian PR status for
visa free entry to US as Commonwealth citizens who are Canadian PR don't need
passport visa to ask for admission to US. Those people are a representative sample of
only a small fraction of new immigrants coming to Canada, majority of immigrants want
to make Canada their home and they have no other intentions or agendas when applying
for Canadian PR status. Unfortunately that small fraction makes life more difficult
for others, but hope is on the horizon as Americans are reviewing their policy in
respect to visa free entry and most likely it will be terminated soon.

--

../..

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

"JAJ" <[email protected]> wrote in message
news:[email protected]...
    > Andrew The number of posts asking this same question really makes me wonder what
    > proportion of Canada's immigrants:
    >
    > - never land properly; or
    > - lose their PR later on through not meeting residency requirement.
    >
    > If people posting on this NG are a representative sample of Canada's migration
    > intake, then the proportion appears to be quite significant.
    >
    > Jeremy
    >
    > >On Mon, 22 Apr 2002 17:17:48 GMT, "Andrew Miller"
<millercitelus.net> wrote:
    >
    > >First of all - please don't post "what if" questions. Describe your
situation
    > >exactly as is and what your intentions are and you may get better answer.
    > >
    > >Second - immigration process is long enough to make plans and get ready for
    > >permanent move to Canada. More, you still have immigration visa valid 12
months
    > >from medicals, which in average cases gives you extra 5 to 8 months from receipt
    > >of landing papers to actually land in Canada. If after such long
time
    > >since your application you are still not ready or willing to move
permanently
    > >to Canada then you shouldn't apply for immigration visa so early in the
first
    > >place.
    > >
    > >You may transfer to Canadian university and continue your education here
after
    > >landing.
    > >
    > >Again - by applying for Canadian immigration visa you clearly declared that
you
    > >are willing, ready and able to move to Canada permanently, so do it.
    > >
    > >--
    > >
    > >../..
    > >
    > >Andrew Miller Immigration Consultant Vancouver, British Columbia email:
    > >millercicanada.com (delete REMOVE and INVALID from the above address before
    > >sending email)
    > >________________________________

Hani

Mr. Miller, you said:

"but hope is on the horizon as Americans are reviewing their policy in respect to
visa free entry and most likely it will be terminated soon"

Correct me if I'm wrong: You are not talking here about visa free entry to *Canadian
Citizens* who hold the Canadian passport, right? You are talking however about visa
free entry to Canadian PR's who are Commonwealth citizens. That's what "most likely
will be terminated soon" right?

Many thanks! Hani.