Mr.Miller I need help

Old Apr 21st 2002, 6:00 pm
  #1  
Alex Baroudi
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Default Mr.Miller I need help

if a landed immigrant exceeds the 183 days period outside canada for family reasons,
but kept ties with canada as a permanent resident, would the immigration officers
allow him to get into canada. and in case that adjudicator assesses that the person
is no longer a permanent resident can I do anything regain my status as PR. and how?

Thank you in advance
 
Old Apr 21st 2002, 6:30 pm
  #2  
Andrew Miller
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Default Re: Mr.Miller I need help

Often there are valid reasons for being absent from Canada for more than 183 days in
any 12 months period, but such reasons are good enough to justify applying for
Returning Resident Permit (RRP). I can't imagine any situation when immigrant claims
to not have any intention to abandon Canada as a place of permanent residence and
doesn't apply for RRP if his or her absence is beyond what is allowed. In my opinion
(and not only mine) someone who was absent for more than 183 days and didn't apply
for RRP well before reaching those 183 days of absence never had any intention to
return to Canada after leaving in the first place, otherwise such person would have
applied for RRP. So, there is no excuse for not applying for RRP, unless person
cannot document having valid reasons for absence and is trying to avoid applying for
RRP hoping to just sneak into Canada when needed.

Person absent from Canada for 183 or more days (cumulative) in any 12 months period
is deemed to have abandoned Canada as a place of permanent residence and will lose PR
status unless such person can prove otherwise. Immigration officer at the port of
entry may allow such person to enter Canada (usually as a visitor) for the period
needed for the adjudication process. Immigration officer will not evaluate any claims
of "substantial ties" being maintained - officer will file a report to adjudicator
and such will determine if PR status was maintained. If it is determined that you
lost PR status then you will receive removal (deportation) order and will have the
right to appeal it. If appeal lost then the only way to regain the status is new
immigration application.

--

../..

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

"Alex Baroudi" <[email protected]> wrote in message
news:[email protected]...
    > if a landed immigrant exceeds the 183 days period outside canada for family
    > reasons, but kept ties with canada as a permanent resident, would the immigration
    > officers allow him to get into canada. and in case that adjudicator assesses that
    > the person is no longer a permanent resident can I do anything regain my status as
    > PR. and how?
    >
    > Thank you in advance
 
Old Apr 22nd 2002, 2:00 am
  #3  
pkjmet
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Default Re: Mr.Miller I need help

"Andrew Miller" <millercitelus.net> wrote in message
news:<ifNw8.10375$n%[email protected] >...
    > Often there are valid reasons for being absent from Canada for more than 183 days
    > in any 12 months period, but such reasons are good enough to justify applying for
    > Returning Resident Permit (RRP). I can't imagine any situation when immigrant
    > claims to not have any intention to abandon Canada as a place of permanent
    > residence and doesn't apply for RRP if his or her absence is beyond what is
    > allowed. In my opinion (and not only mine) someone who was absent for more than 183
    > days and didn't apply for RRP well before reaching those 183 days of absence never
    > had any intention to return to Canada after leaving in the first place, otherwise
    > such person would have applied for RRP. So, there is no excuse for not applying for
    > RRP, unless person cannot document having valid reasons for absence and is trying
    > to avoid applying for RRP hoping to just sneak into Canada when needed.
    >
    > Person absent from Canada for 183 or more days (cumulative) in any 12 months period
    > is deemed to have abandoned Canada as a place of permanent residence and will lose
    > PR status unless such person can prove otherwise. Immigration officer at the port
    > of entry may allow such person to enter Canada (usually as a visitor) for the
    > period needed for the adjudication process. Immigration officer will not evaluate
    > any claims of "substantial ties" being maintained - officer will file a report to
    > adjudicator and such will determine if PR status was maintained. If it is
    > determined that you lost PR status then you will receive removal (deportation)
    > order and will have the right to appeal it. If appeal lost then the only way to
    > regain the status is new immigration application.
    >
    > --
    >
    > ../..
    >
    > Andrew Miller Immigration Consultant Vancouver, British Columbia email:
    > millercicanada.com (delete REMOVE and INVALID from the above address before
    > sending email)
    > ________________________________
    >
    >
    >
    > "Alex Baroudi" <[email protected]> wrote in message
    > news:[email protected]...
    > > if a landed immigrant exceeds the 183 days period outside canada for family
    > > reasons, but kept ties with canada as a permanent resident, would the immigration
    > > officers allow him to get into canada. and in case that adjudicator assesses that
    > > the person is no longer a permanent resident can I do anything regain my status
    > > as PR. and how?
    > >
    > > Thank you in advance
    > >
    > >

Loosing PR status in Canada is a very serious matter and is not to be taken lightly.
You do not give enough infomration about how long you have been absent, the nature of
the family reasons and your ties to Canada that would allow for a reasonable analysis
of your problem. Be a little more specific!

Jim Metcalfe, Consultant
 
Old Jul 20th 2005, 5:52 am
  #4  
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Default Re: Alex Baroudi

Dear Alex,

I'm writing you because I've founded your name while searching for it on the Internet..... because I have the same one. Funny
Take care.

Alex Baroudi
Marrakech, Morocco
[email protected]
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Old Jul 20th 2005, 6:07 am
  #5  
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Default Re: Alex Baroudi

Originally Posted by NOMAD FLOW
Dear Alex,

I'm writing you because I've founded your name while searching for it on the Internet..... because I have the same one. Funny
Take care.

Alex Baroudi
Marrakech, Morocco
[email protected]

I thought one can continously stay outside of canada for three years? So it means that one has to stay in canada for atleast 183 in a year?

Please guide

Regards

newlooks
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Old Jul 20th 2005, 6:26 am
  #6  
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Default Re: Alex Baroudi

Originally Posted by newlooks
I thought one can continously stay outside of canada for three years? So it means that one has to stay in canada for atleast 183 in a year?

Please guide

Regards

newlooks
its normally 2 years out of the 5 year period to mantain the status; but i guess u shouldnt be out of canada continuously for more than 183 days at a stretch!
an expert clarification is required here
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Old Jul 20th 2005, 6:26 am
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Default Re: Alex Baroudi

Please check the dates of relevant posts - they were posted before current law was implemented

Originally Posted by newlooks
I thought one can continously stay outside of canada for three years? So it means that one has to stay in canada for atleast 183 in a year?

Please guide

Regards

newlooks
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Old Jul 20th 2005, 6:52 am
  #8  
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Default Re: Alex Baroudi

Originally Posted by Andrew Miller
Please check the dates of relevant posts - they were posted before current law was implemented

Thanks Andrew. You are the best

regards

newlooks
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Old Jul 21st 2005, 2:10 am
  #9  
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Default Re: Alex Baroudi

Originally Posted by newlooks
Thanks Andrew. You are the best

regards

newlooks


Dear Andrew,
Could you provide me with the link that specifies this regulation of the 183 days absence from Canada?
The issue is really new to me, and I need to know more about it.
Thanks a lot for your help.
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Old Jul 21st 2005, 3:54 am
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Default Re: Alex Baroudi

It was the old rule, under pre 2002 law and it doesn't exist anymore.

Now PR must be in Canada for at least 730 days in every 5 years period.

Originally Posted by Migri
Dear Andrew,
Could you provide me with the link that specifies this regulation of the 183 days absence from Canada?
The issue is really new to me, and I need to know more about it.
Thanks a lot for your help.
Andrew Miller is offline  
Old Jul 21st 2005, 12:33 pm
  #11  
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Default Re: Alex Baroudi

Originally Posted by Andrew Miller
It was the old rule, under pre 2002 law and it doesn't exist anymore.

Now PR must be in Canada for at least 730 days in every 5 years period.

Hi Andrew,
I understand from your comment that the new law just requires a presence of 730 days in every 5 years.

I would like to express my deepest thanks to you and the other experts here for their insightful and expert advice.

Cheers,
M
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