Xpat

I landed and stayed in Canada for 1 month, where I obtained SIN, driving license,
opened bank account. Then I went back to Europe, where I spent several months. Now
I'm about to come back to Canada, my 183 days period abroad will end in first days of
July. My questions are:

Will there be a problem at the entry port on my return, cause I don't have an
immediate job offer in Canada or didn't settle down well or coming almost
after 6 months?

Another question is about the new immigration policy, that supposed to be effective
as of 28 June. Does it allow to stay outside Canada more than 183 days in one period?
And will immigration officers use it in practice already in the end of June?

Thanks in advance, Arthur

Vladimir Jigoun

Hi Arthur, I lost my PR status because I left Canada for more than 183 days and I'm
about to apply for it again now. First of all if you will enter Canada after 182 days
of absense there should be no problems (I have an experience in Buffalo) BUT, you
should probably consult lawyer because immigration officers have unlimited power on
the border. For example when I was entering Canada AFTER 183 days of absence they did
not let me in which as I found later in court was illegal. My advice is if you
entering country after 183 days of absence you better consult lawyer about what to
say on the border. One year ago there was strange law about INTENSIONS of person
entering country after 183 days abcense and it was all about what you say to the
officer and I've heard that some people were entering country after 25 years of
absence. As far as I know it changed now and you have right to live wherever you want
for 3 years of every 5, but I'm not sure about it.

Good luck. Vladimir.

    > I landed and stayed in Canada for 1 month, where I obtained SIN, driving license,
    > opened bank account. Then I went back to Europe, where I spent several months. Now
    > I'm about to come back to Canada, my 183 days period abroad will end in first days
    > of July. My questions are:
    >
    > Will there be a problem at the entry port on my return, cause I don't have an
    > immediate job offer in Canada or didn't settle down well or coming almost after
    > 6 months?
    >
    > Another question is about the new immigration policy, that supposed to be effective
    > as of 28 June. Does it allow to stay outside Canada more than 183 days in one
    > period? And will immigration officers use it in practice already in the end of
June?
    >
    > Thanks in advance, Arthur

Stuart Brook

Vladimir Jigounov wrote:
    >
    > Hi Arthur, I lost my PR status because I left Canada for more than 183 days and I'm
    > about to apply for it again now. First of all if you will enter Canada after 182
    > days of absense there should be no problems (I have an experience in Buffalo) BUT,
    > you should probably consult lawyer because immigration officers have unlimited
    > power on the border. For example when I was entering Canada AFTER 183 days of
    > absence they did not let me in which as I found later in court was illegal.

Wrong ... it may well be legal. It really depends on the basis on which you were
rejected. If it was because you'd done a flagpole turn and hadn't established
residence, then it is legal, because you have not landed. If you HAVE landed and
established residence, then they admit you and refer the matter to review.

The problem this poster has is not necessarily the duration of his stay outside of
Canada, although after 183 days it will be a real problem, but rather that he had
established residence. It would be good to have documents to show that you had
established residence. That's normally more than just DL, OHIP card, SIN card etc.

Stuart

Todor

Hi Arthur,

The new IRPA clearly states that you can stay outside Canada 3 years, within every 5
years period, that is for sure. If they apply the new IRPA at the border , there will
not be a problem. I am not sure what travel document actually you need to have to
reenter, because the PR card replaces the form IMM1000. If they consider IMM1000 as a
legal document to reenter is difficult to say. In this transitional period somebody
will loose his PR status. Please consult with the lawyer.

Take care Todor

Stuart Brook

Todor wrote:
    >
    > Hi Arthur,
    >
    > The new IRPA clearly states that you can stay outside Canada 3 years, within every
    > 5 years period, that is for sure. If they apply the new IRPA at the border , there
    > will not be a problem. I am not sure what travel document actually you need to have
    > to reenter, because the PR card replaces the form IMM1000. If they consider IMM1000
    > as a legal document to reenter is difficult to say. In this transitional period
    > somebody will loose his PR status. Please consult with the lawyer.
    >
    > Take care Todor

That is true, just as the current law states 183 days in a 1 year period, but there
is NO guidance in the regs that indicates whether the "flagpole turn" that so many
folk try to make will be considered a legal "landing" as it isn't now. Landing
includes establishing residence at the moment, and there is nothing to indicate that
has changed. Therefore people doin the flagpole turn as this person appears to have
done can bring their original landing into question.