Landing and returning to the US

Old Jul 14th 2002, 11:05 am
  #1  
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Default Landing and returning to the US

My sister and brother in law will be landing soon, he is currently in the US on H1B, with a brand new job, and he dosnt want to leave it so soon as he is undergoing on the job training. which will run for another 6-8 months.

Now the question is, if he lands in Canada, spends about 2 weeks here and gets his SIN, bank accounts etc set up, and then returns to the US for 6 months, and then comes here for good, will he be considered to have "established residence"?

How will the 2/5 rule affect this?

Will he be allowed back into Canada after the 6 months considering he returned after spending just the initial 2 weeks?

As for the PR card, then when they do move here permanently, we all will be living together (I am already in Canada) so he can give my address as his residential address to send the PR card right?

Also, a few people have told me that if he returns to the US by road, there are chances that he will not undergo any examination upon leaving by the Canadian authorities, and that they will not stamp an exit date on his passport. Is this true?

If yes, and his passport is not stamped with an exit date then how will his absence from Canada even become known to the authorities? This seems like a pretty big loophole (if it exists) when considering time spent in Canada to satisfy the 2/5 year requirement.

Thanks.
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Old Jul 15th 2002, 12:20 am
  #2  
The Wizzard
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Default Re: Landing and returning to the US

it seems under the new residency requirements he could do that and leave and work in
the Us for a while as long as he doesn't exceed the amount of time he is allowed to
stay out and as long as he sorts out getting the PR card. If he lands and his IMM1000
is stamped as no travel after 6 months then he will need to return and get teh card
before that runs out, i suppose you could send it to him, but if it got lost in the
post he would have a bit of a problem. there is no problem with them not stamping you
leaving as the residency, if they want to check it, will be done on re entry to
Canada. If they suspect you have not resided enough to meet it, you have to prove to
them you met it, not them prove you didn't. So really it would be in your interests
to get proof to make it easier to prove you met the residency requirements.
 
Old Jul 30th 2002, 5:20 pm
  #3  
Klmok
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Default Re: Landing and returning to the US

On 14 Jul 2002 23:20:04 GMT, bighead <[email protected]> wrote:

    >My sister and brother in law will be landing soon, he is currently in the US on H1B,
    >with a brand new job, and he dosnt want to leave it so soon as he is undergoing on
    >the job training. which will run for another 6-8 months.

Ask for a delay to land in Canada until he finishes his training. He still won't be
able to take up employment in the US but that's a personal problem between him and
his employer.
    >
    >Now the question is, if he lands in Canada, spends about 2 weeks here and gets his
    >SIN, bank accounts etc set up, and then returns to the US for 6 months, and then
    >comes here for good, will he be considered to have "established residence"?
    >
    >How will the 2/5 rule affect this?

The easiest rule to remember is that a Landed Immigrant must live in Canada for six
continuous months out of any 12 consecutive calendar months. Miss that by one day and
you are deemed to have abandoned your intention to retain your LI status. That two
week stay then move out will invalidate your LI.
    >
    >Will he be allowed back into Canada after the 6 months considering he returned after
    >spending just the initial 2 weeks?
    >
    >As for the PR card, then when they do move here permanently, we all will be living
    >together (I am already in Canada) so he can give my address as his residential
    >address to send the PR card right?
    >
    >Also, a few people have told me that if he returns to the US by road, there
    >are chances that he will not undergo any examination upon leaving by the
    >Canadian authorities, and that they will not stamp an exit date on his
    >passport. Is this true?
    >
    >If yes, and his passport is not stamped with an exit date then how will his absence
    >from Canada even become known to the authorities? This seems like a pretty big
    >loophole (if it exists) when considering time spent in Canada to satisfy the 2/5
    >year requirement.

Don't even think of it especially after 9/11. A comprehensive check can be made at
the touch of a keystroke. A scan of the computer coded stuff printed on your travel
documents at any border corssing enters all the essential personal details contained
your travel document into their database. No need for the immigration officer to
write anything. Everytime you make a border crossing you past crossings are
immediately called up on the computer screen. Abnormalies are flagged. If the
immigration officer asks about your past crossings, whether it is stamped on your
passport or not, faking it just gets you into trouble.

Then you have to make a customs declaration. Note that the Canadian tax fellahs are
now called the Canadian Customs and Revenue Agency (CCRA) and they can easily cross
check the information. That's why guys on unemployment insurance can no longer travel
to the States on holiday while collecting pogey.

You are new to this country. Don't even think of beating the system until you know
all the ins and outs. The penalties from being caught will change your whole life. Do
so only once you have got your citizenship. By then they change the rules on you.
 
Old Jul 30th 2002, 8:20 pm
  #4  
The Wizzard
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Default Re: Landing and returning to the US

    > The easiest rule to remember is that a Landed Immigrant must live in Canada for six
    > continuous months out of any 12 consecutive calendar months. Miss that by one day
    > and you are deemed to have abandoned your intention to retain your LI status. That
    > two week stay then move out will invalidate your LI.

The 183 days residency rule hasn't applied for over a month now, and the new law
proposing the new 2/5 year residency rules has been on the books for a long time. I'd
seriously consider going back and reading the new law and regulations etc at
www.cic.gc.ca to save further confusion.
 

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