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Leaving Canada once Visa has been granted

Leaving Canada once Visa has been granted

Old Feb 4th 2009, 9:01 pm
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Smile Leaving Canada once Visa has been granted

Hi all,

We are in the process of applying for Permanent Residency under the Skilled Worker Class and have a question that we can't really find an answer to on any website. I have experience as a Financial Manager and Accountant, and my partner is an IT professional, so we are fairly happy that we should qualify (on paper at least).

However, I have been offered a five year contract with a really great employer in the UK to start this summer. My plan is to make the application for residency in Canada and then take up the job in the UK while we wait. My question is, if our application is successful, I know that we need to enter Canada within 12 months of our medical, but could we then come back to the UK for say another year for me to complete my contract before moving permanently? It's a contract with the UK Government and so I don't want to leave it early as it would be valuable experience for getting a similar job in Canada.

I know that as a Permanent Resident, you need to spend three years out of five years in Canada or your residency lapses. However, I wondered if there were any special rules or guidelines about the first few months. I know a friend who emigrated to the USA always had problems leaving and returning to the country for the years it took until their Green Card came through.

It's a bit of an odd question, but I thought people who had already made the move may have had experience of moving between the UK and Canada in those early years.

Thanks

Mark
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Old Feb 4th 2009, 9:09 pm
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Default Re: Leaving Canada once Visa has been granted

Originally Posted by MarkSurrey
Hi all,

We are in the process of applying for Permanent Residency under the Skilled Worker Class and have a question that we can't really find an answer to on any website. I have experience as a Financial Manager and Accountant, and my partner is an IT professional, so we are fairly happy that we should qualify (on paper at least).

However, I have been offered a five year contract with a really great employer in the UK to start this summer. My plan is to make the application for residency in Canada and then take up the job in the UK while we wait. My question is, if our application is successful, I know that we need to enter Canada within 12 months of our medical, but could we then come back to the UK for say another year for me to complete my contract before moving permanently? It's a contract with the UK Government and so I don't want to leave it early as it would be valuable experience for getting a similar job in Canada.

I know that as a Permanent Resident, you need to spend three years out of five years in Canada or your residency lapses. However, I wondered if there were any special rules or guidelines about the first few months. I know a friend who emigrated to the USA always had problems leaving and returning to the country for the years it took until their Green Card came through.

It's a bit of an odd question, but I thought people who had already made the move may have had experience of moving between the UK and Canada in those early years.

Thanks

Mark
Hi Mark and welcome to the forum.

Not an odd question at all and you've understood it correctly - you need to 'land' within a year of medicals and then spend 730 days out of every 5 years in Canada to keep your PR.

There are no constraints as to the time you have to spend in Canada after landing other than the above, you can 'land' and literally get on the same plane back to the UK if that's how you want to do it! As long as you go back in time to meet your residency obligations then that's no problem. Just bear in mind that any time at all spent out of Canada (i.e. a holiday back to the UK or even crossing the border into the US) doesn't count, so you'll need to factor in any holidays or trips you want to make when calculating when you need to be in Canada by. It may also be wise factoring in some 'emergency time', just in case (God forbid) you had to return to the UK for a family emergency or similar.

Just be aware that Skilled Worker applications are now being processed incredibly quickly since they introduced the new system (people on here who sent off their application at the beginning of Jan have already had their 120 day letters!). CIC said all will be processed within 6-12 months under the new rules but it could be even quicker the way they are going.

So if you applied now, you could easily be having medicals in 3 months which may cause problems with your 5 year plan? Just something to bear in mind anyway - although personally I would also say don't wait to apply as the list of 'occupations in demand' could well be changed at any time so you may find you no longer qualify if you wait!!

Hope that helps, best of luck.
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Old Feb 4th 2009, 9:34 pm
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Default Re: Leaving Canada once Visa has been granted

Originally Posted by christmasoompa
Hi Mark and welcome to the forum.

Not an odd question at all and you've understood it correctly - you need to 'land' within a year of medicals and then spend 730 days out of every 5 years in Canada to keep your PR.

There are no constraints as to the time you have to spend in Canada after landing other than the above, you can 'land' and literally get on the same plane back to the UK if that's how you want to do it! As long as you go back in time to meet your residency obligations then that's no problem. Just bear in mind that any time at all spent out of Canada (i.e. a holiday back to the UK or even crossing the border into the US) doesn't count, so you'll need to factor in any holidays or trips you want to make when calculating when you need to be in Canada by. It may also be wise factoring in some 'emergency time', just in case (God forbid) you had to return to the UK for a family emergency or similar.

Just be aware that Skilled Worker applications are now being processed incredibly quickly since they introduced the new system (people on here who sent off their application at the beginning of Jan have already had their 120 day letters!). CIC said all will be processed within 6-12 months under the new rules but it could be even quicker the way they are going.

So if you applied now, you could easily be having medicals in 3 months which may cause problems with your 5 year plan? Just something to bear in mind anyway - although personally I would also say don't wait to apply as the list of 'occupations in demand' could well be changed at any time so you may find you no longer qualify if you wait!!

Hope that helps, best of luck.
Christmasoompa is exactly right...

I've never had any problems re-entering Canada since landing.
I haven't made the full move over yet but have landed. I've been in and out of Canada a few times since gaining PR and I just walk straight though Immigration without a single issue.

Only thing you need to bear in mind is once you land you have to provide an address for your PR card to be sent to. I'm not 100% sure but I do beleive that it has to be a Canadian address, so bear that in mind. (I used my brothers, and he forwarded it onto me)
Hopefully somebody will clarify this part for you as I dont' want to give you false information.

Best of luck!
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Old Feb 4th 2009, 9:38 pm
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Default Re: Leaving Canada once Visa has been granted

Originally Posted by pinzo
Christmasoompa is exactly right...


Only thing you need to bear in mind is once you land you have to provide an address for your PR card to be sent to. I'm not 100% sure but I do beleive that it has to be a Canadian address, so bear that in mind. (I used my brothers, and he forwarded it onto me)
Hopefully somebody will clarify this part for you as I dont' want to give you false information.

Best of luck!
That's interesting. Thanks a lot. Maybe that could be a lawyer/consultant's address? I was intending to apply without using a representative, but maybe that could be useful if I need a Canadian address for things to be sent to.
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Old Feb 4th 2009, 11:20 pm
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Default Re: Leaving Canada once Visa has been granted

Originally Posted by MarkSurrey
That's interesting. Thanks a lot. Maybe that could be a lawyer/consultant's address? I was intending to apply without using a representative, but maybe that could be useful if I need a Canadian address for things to be sent to.

I just had a quick look at the application form for a PR Card, and it asks specifically on the form for "Your current residential address in Canada" and/or "Your mailing address in Canada" so I would assume that there isn't any way around that.

Hopefully someone can say whether I'm interpreting it correctly or not.
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Old Feb 4th 2009, 11:26 pm
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Default Re: Leaving Canada once Visa has been granted

Originally Posted by pinzo
I just had a quick look at the application form for a PR Card, and it asks specifically on the form for "Your current residential address in Canada" and/or "Your mailing address in Canada" so I would assume that there isn't any way around that.

Hopefully someone can say whether I'm interpreting it correctly or not.
Hmmmm. I guess you could say that your "mailing address" is your representative's address, if they have agreed to forward your mail?

Maybe?
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Old Feb 4th 2009, 11:29 pm
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Default Re: Leaving Canada once Visa has been granted

Originally Posted by MarkSurrey
Hmmmm. I guess you could say that your "mailing address" is your representative's address, if they have agreed to forward your mail?

Maybe?
Remember that the address for the PR card cannot be a commercial address, it has to be a personal one. So either your consultant will need to get it sent to his/her own home rather than an office address, or you'll need to get it sent to friends or relatives.

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