Mr. Miller-Need your advice
Mar 11th 2004, 4:47 am
#1
Just Joined
Thread Starter
Joined: Jan 2004
Posts: 12
Mr. Miller-Need your advice
Dear Mr. Miller:
I became landed Canadian immigrant on October 10, 1999 while I was doing Ph.D. in USA. I lived in Canada for one week and completed my paper work for social security cards, health cards, driving license and bank accounts etc. After one week, came back to USA to complete my PhD and got a resident return permit for two years. During this period, I completed PhD and left for my home country to deal with family, job and property issues and came back to Canada on 30 December, 2001 before the expiration of my resident return permit. In July of 2001, I visited Canada for one week to attend a scientific meeting and to find job. I applied for two faculty positions in 2001 in Canada but was not selected because faculty and research jobs after a Ph.D. in biological sciences need a postdoctoral fellowship. After my return in December of 2001, I looked for postdoctoral fellowships and found one in USA. I moved to USA on January 20, 2002 on H1B visa. My this fellowship will finish hopefully in this summer (2004). I am palnning to return back to Canada after this postdoctoral fellowship. Under the old rules, a resident had the oopprtunity to live outside Canada for longer time if he/she is upgrading his professional or academic qualifications (the obligations of permennat residents: under the old laws) but not sure if I will be able to enter Canada under the new rules. I did not apply for resident return permit this time to do my postdoctorate because the rules changed in June 2002 and resident return permits did not exist anymore. I read the following paragraph at the Canadian Consulate General, Los Angeles website:
RETURNING RESIDENT PERMIT HOLDERS: Please note that as of 28 June 2002, the Returning Resident Permit has ceased to exist under the new Canadian immigration law. However, if you obtained a Returning Resident Permit before 28 June 2002, any period you spent outside Canada under a returning resident permit from 28 June 1997 to 28 June 2002 will count if that time is within the five-year period from the date of the examination by an immigration officer. For holder of an expired Returning Resident Permit, the time period during which the permit was valid is counted as time spent in Canada during the applicable five-year period under examination.
My questions are:
1) Will my time spent on resident return permit (two years) will be counted to fulfill the residency requiremenst?
2) Should I drive to Canada or apply for a travel document? Which one is better or safe?
My wife and children became Canadian residents on the same dates and are living with me in USA. Please give your thoughts. Your help will be highly appreciated.
With my best regards,
Kazi
I became landed Canadian immigrant on October 10, 1999 while I was doing Ph.D. in USA. I lived in Canada for one week and completed my paper work for social security cards, health cards, driving license and bank accounts etc. After one week, came back to USA to complete my PhD and got a resident return permit for two years. During this period, I completed PhD and left for my home country to deal with family, job and property issues and came back to Canada on 30 December, 2001 before the expiration of my resident return permit. In July of 2001, I visited Canada for one week to attend a scientific meeting and to find job. I applied for two faculty positions in 2001 in Canada but was not selected because faculty and research jobs after a Ph.D. in biological sciences need a postdoctoral fellowship. After my return in December of 2001, I looked for postdoctoral fellowships and found one in USA. I moved to USA on January 20, 2002 on H1B visa. My this fellowship will finish hopefully in this summer (2004). I am palnning to return back to Canada after this postdoctoral fellowship. Under the old rules, a resident had the oopprtunity to live outside Canada for longer time if he/she is upgrading his professional or academic qualifications (the obligations of permennat residents: under the old laws) but not sure if I will be able to enter Canada under the new rules. I did not apply for resident return permit this time to do my postdoctorate because the rules changed in June 2002 and resident return permits did not exist anymore. I read the following paragraph at the Canadian Consulate General, Los Angeles website:
RETURNING RESIDENT PERMIT HOLDERS: Please note that as of 28 June 2002, the Returning Resident Permit has ceased to exist under the new Canadian immigration law. However, if you obtained a Returning Resident Permit before 28 June 2002, any period you spent outside Canada under a returning resident permit from 28 June 1997 to 28 June 2002 will count if that time is within the five-year period from the date of the examination by an immigration officer. For holder of an expired Returning Resident Permit, the time period during which the permit was valid is counted as time spent in Canada during the applicable five-year period under examination.
My questions are:
1) Will my time spent on resident return permit (two years) will be counted to fulfill the residency requiremenst?
2) Should I drive to Canada or apply for a travel document? Which one is better or safe?
My wife and children became Canadian residents on the same dates and are living with me in USA. Please give your thoughts. Your help will be highly appreciated.
With my best regards,
Kazi
Mar 11th 2004, 8:24 am
#2
Guest
Posts: n/a
Re: Mr. Miller-Need your advice
Hi Kazi
"kazi" <member20689@british_expats.com> wrote in message
news:[email protected]...
> Dear Mr. Miller:
> I became landed Canadian immigrant on October 10,
> 1999 while I was doing Ph.D. in USA. I lived in Canada for one week and
> completed my paper work for social security cards, health cards, driving
> license and bank accounts etc. After one week, came back to USA to
> complete my PhD and got a resident return permit for two years. During
> this period, I completed PhD and left for my home country to deal with
> family, job and property issues and came back to Canada on 30 December,
> 2001 before the expiration of my resident return permit. In July of
> 2001, I visited Canada for one week to attend a scientific meeting and
> to find job. I applied for two faculty positions in 2001 in Canada but
> was not selected because faculty and research jobs after a Ph.D. in
> biological sciences need a postdoctoral fellowship. After my return in
> December of 2001, I looked for postdoctoral fellowships and found one in
> USA. I moved to USA on January 20, 2002 on H1B visa. My this fellowship
> will finish hopefully in this summer (2004). I am palnning to return
> back to Canada after this postdoctoral fellowship. Under the old rules,
> a resident had the oopprtunity to live outside Canada for longer time if
> he/she is upgrading his professional or academic qualifications (the
> obligations of permennat residents: under the old laws) but not sure if
> I will be able to enter Canada under the new rules. I did not apply for
> resident return permit this time to do my postdoctorate because the
> rules changed in June 2002 and resident return permits did not exist
> anymore. I read the following paragraph at the Canadian Consulate
> General, Los Angeles website:
> RETURNING RESIDENT PERMIT HOLDERS:
> Please note that as of 28 June 2002, the Returning Resident Permit has
> ceased to exist under the new Canadian immigration law. However, if you
> obtained a Returning Resident Permit before 28 June 2002, any period you
> spent outside Canada under a returning resident permit from 28 June 1997
> to 28 June 2002 will count if that time is within the five-year period
> from the date of the examination by an immigration officer. For holder
> of an expired Returning Resident Permit, the time period during which
> the permit was valid is counted as time spent in Canada during the
> applicable five-year period under examination.
> My questions are:
> 1)
> Will my time spent on resident return permit (two years) will be counted
> to fulfill the residency requiremenst?
Yes, but your 3 years out of Canada now runs out Jan/05 and you won't be
able to leave Canada 2 years after that, even for a holiday if you want to
protect your status.
> 2) Should I drive to Canada or
> apply for a travel document? Which one is better or safe?
Travel document is probably safer.
> My wife and
> children became Canadian residents on the same dates and are living with
> me in USA. Please give your thoughts. Your help will be highly
> appreciated.
> With my best regards,
> Kazi
> --
> Posted via http://britishexpats.com
PMM
"kazi" <member20689@british_expats.com> wrote in message
news:[email protected]...
> Dear Mr. Miller:
> I became landed Canadian immigrant on October 10,
> 1999 while I was doing Ph.D. in USA. I lived in Canada for one week and
> completed my paper work for social security cards, health cards, driving
> license and bank accounts etc. After one week, came back to USA to
> complete my PhD and got a resident return permit for two years. During
> this period, I completed PhD and left for my home country to deal with
> family, job and property issues and came back to Canada on 30 December,
> 2001 before the expiration of my resident return permit. In July of
> 2001, I visited Canada for one week to attend a scientific meeting and
> to find job. I applied for two faculty positions in 2001 in Canada but
> was not selected because faculty and research jobs after a Ph.D. in
> biological sciences need a postdoctoral fellowship. After my return in
> December of 2001, I looked for postdoctoral fellowships and found one in
> USA. I moved to USA on January 20, 2002 on H1B visa. My this fellowship
> will finish hopefully in this summer (2004). I am palnning to return
> back to Canada after this postdoctoral fellowship. Under the old rules,
> a resident had the oopprtunity to live outside Canada for longer time if
> he/she is upgrading his professional or academic qualifications (the
> obligations of permennat residents: under the old laws) but not sure if
> I will be able to enter Canada under the new rules. I did not apply for
> resident return permit this time to do my postdoctorate because the
> rules changed in June 2002 and resident return permits did not exist
> anymore. I read the following paragraph at the Canadian Consulate
> General, Los Angeles website:
> RETURNING RESIDENT PERMIT HOLDERS:
> Please note that as of 28 June 2002, the Returning Resident Permit has
> ceased to exist under the new Canadian immigration law. However, if you
> obtained a Returning Resident Permit before 28 June 2002, any period you
> spent outside Canada under a returning resident permit from 28 June 1997
> to 28 June 2002 will count if that time is within the five-year period
> from the date of the examination by an immigration officer. For holder
> of an expired Returning Resident Permit, the time period during which
> the permit was valid is counted as time spent in Canada during the
> applicable five-year period under examination.
> My questions are:
> 1)
> Will my time spent on resident return permit (two years) will be counted
> to fulfill the residency requiremenst?
Yes, but your 3 years out of Canada now runs out Jan/05 and you won't be
able to leave Canada 2 years after that, even for a holiday if you want to
protect your status.
> 2) Should I drive to Canada or
> apply for a travel document? Which one is better or safe?
Travel document is probably safer.
> My wife and
> children became Canadian residents on the same dates and are living with
> me in USA. Please give your thoughts. Your help will be highly
> appreciated.
> With my best regards,
> Kazi
> --
> Posted via http://britishexpats.com
PMM
Mar 11th 2004, 9:54 am
#3
Guest
Posts: n/a
Re: Mr. Miller-Need your advice
1) yes
2) get Travel Document
--
../..
Andrew Miller
Immigration Consultant
Vancouver, British Columbia
email: [email protected]
(delete REMOVE from the above address before sending email)
________________________________
"kazi" <member20689@british_expats.com> wrote in message
news:[email protected]...
> Dear Mr. Miller:
> I became landed Canadian immigrant on October 10,
> 1999 while I was doing Ph.D. in USA. I lived in Canada for one week and
> completed my paper work for social security cards, health cards, driving
> license and bank accounts etc. After one week, came back to USA to
> complete my PhD and got a resident return permit for two years. During
> this period, I completed PhD and left for my home country to deal with
> family, job and property issues and came back to Canada on 30 December,
> 2001 before the expiration of my resident return permit. In July of
> 2001, I visited Canada for one week to attend a scientific meeting and
> to find job. I applied for two faculty positions in 2001 in Canada but
> was not selected because faculty and research jobs after a Ph.D. in
> biological sciences need a postdoctoral fellowship. After my return in
> December of 2001, I looked for postdoctoral fellowships and found one in
> USA. I moved to USA on January 20, 2002 on H1B visa. My this fellowship
> will finish hopefully in this summer (2004). I am palnning to return
> back to Canada after this postdoctoral fellowship. Under the old rules,
> a resident had the oopprtunity to live outside Canada for longer time if
> he/she is upgrading his professional or academic qualifications (the
> obligations of permennat residents: under the old laws) but not sure if
> I will be able to enter Canada under the new rules. I did not apply for
> resident return permit this time to do my postdoctorate because the
> rules changed in June 2002 and resident return permits did not exist
> anymore. I read the following paragraph at the Canadian Consulate
> General, Los Angeles website:
> RETURNING RESIDENT PERMIT HOLDERS:
> Please note that as of 28 June 2002, the Returning Resident Permit has
> ceased to exist under the new Canadian immigration law. However, if you
> obtained a Returning Resident Permit before 28 June 2002, any period you
> spent outside Canada under a returning resident permit from 28 June 1997
> to 28 June 2002 will count if that time is within the five-year period
> from the date of the examination by an immigration officer. For holder
> of an expired Returning Resident Permit, the time period during which
> the permit was valid is counted as time spent in Canada during the
> applicable five-year period under examination.
> My questions are:
> 1)
> Will my time spent on resident return permit (two years) will be counted
> to fulfill the residency requiremenst?
> 2) Should I drive to Canada or
> apply for a travel document? Which one is better or safe?
> My wife and
> children became Canadian residents on the same dates and are living with
> me in USA. Please give your thoughts. Your help will be highly
> appreciated.
> With my best regards,
> Kazi
> --
> Posted via http://britishexpats.com
2) get Travel Document
--
../..
Andrew Miller
Immigration Consultant
Vancouver, British Columbia
email: [email protected]
(delete REMOVE from the above address before sending email)
________________________________
"kazi" <member20689@british_expats.com> wrote in message
news:[email protected]...
> Dear Mr. Miller:
> I became landed Canadian immigrant on October 10,
> 1999 while I was doing Ph.D. in USA. I lived in Canada for one week and
> completed my paper work for social security cards, health cards, driving
> license and bank accounts etc. After one week, came back to USA to
> complete my PhD and got a resident return permit for two years. During
> this period, I completed PhD and left for my home country to deal with
> family, job and property issues and came back to Canada on 30 December,
> 2001 before the expiration of my resident return permit. In July of
> 2001, I visited Canada for one week to attend a scientific meeting and
> to find job. I applied for two faculty positions in 2001 in Canada but
> was not selected because faculty and research jobs after a Ph.D. in
> biological sciences need a postdoctoral fellowship. After my return in
> December of 2001, I looked for postdoctoral fellowships and found one in
> USA. I moved to USA on January 20, 2002 on H1B visa. My this fellowship
> will finish hopefully in this summer (2004). I am palnning to return
> back to Canada after this postdoctoral fellowship. Under the old rules,
> a resident had the oopprtunity to live outside Canada for longer time if
> he/she is upgrading his professional or academic qualifications (the
> obligations of permennat residents: under the old laws) but not sure if
> I will be able to enter Canada under the new rules. I did not apply for
> resident return permit this time to do my postdoctorate because the
> rules changed in June 2002 and resident return permits did not exist
> anymore. I read the following paragraph at the Canadian Consulate
> General, Los Angeles website:
> RETURNING RESIDENT PERMIT HOLDERS:
> Please note that as of 28 June 2002, the Returning Resident Permit has
> ceased to exist under the new Canadian immigration law. However, if you
> obtained a Returning Resident Permit before 28 June 2002, any period you
> spent outside Canada under a returning resident permit from 28 June 1997
> to 28 June 2002 will count if that time is within the five-year period
> from the date of the examination by an immigration officer. For holder
> of an expired Returning Resident Permit, the time period during which
> the permit was valid is counted as time spent in Canada during the
> applicable five-year period under examination.
> My questions are:
> 1)
> Will my time spent on resident return permit (two years) will be counted
> to fulfill the residency requiremenst?
> 2) Should I drive to Canada or
> apply for a travel document? Which one is better or safe?
> My wife and
> children became Canadian residents on the same dates and are living with
> me in USA. Please give your thoughts. Your help will be highly
> appreciated.
> With my best regards,
> Kazi
> --
> Posted via http://britishexpats.com
Mar 12th 2004, 2:37 am
#4
Just Joined
Thread Starter
Joined: Jan 2004
Posts: 12
Hello: PMM
Thanks for your input. I am confused with your reply. If I fulfill my two year residency obligation based on a resident return permit in a given five year period then why I have to stay in Canada for two consective years in future? That will start the next five yaer period. Second, my three years absence time runs out on Oct. 2004 not in January, 05 based on the given scenerio. Please clear this isue.
Regards
Kazi
Regards
Kazi
Mar 12th 2004, 2:38 am
#5
Just Joined
Thread Starter
Joined: Jan 2004
Posts: 12
Re: Mr. Miller-Thanks
Mr. Miller. Thanks for your advice.
Regards
Kazi
Regards
Kazi
Mar 12th 2004, 4:18 am
#6
Guest
Posts: n/a
Re: Mr. Miller-Need your advice
HI Kazi
"kazi" <member20689@british_expats.com> wrote in message
news:[email protected]...
> Thanks for your input. I am confused with your reply. If I fulfill my
> two year residency obligation based on a resident return permit in a
> given five year period then why I have to stay in Canada for two
> consective years in future? That will start the next five yaer period.
> Second, my three years absence time runs out on Oct. 2004 not in
> January, 05 based on the given scenerio. Please clear this isue.
> Regards
> Kazi
> --
> Posted via http://britishexpats.com
You left Canada 01/02, the 5 year clock starts ticking. You will have been
out of Canada about 2.5 years if you return this summer, the 5 year clock
ends 01/05, at which time you have to have accumulated 2 years in Canada.
Forget about your previous RR permit, it covers your previous absence.
PMM
"kazi" <member20689@british_expats.com> wrote in message
news:[email protected]...
> Thanks for your input. I am confused with your reply. If I fulfill my
> two year residency obligation based on a resident return permit in a
> given five year period then why I have to stay in Canada for two
> consective years in future? That will start the next five yaer period.
> Second, my three years absence time runs out on Oct. 2004 not in
> January, 05 based on the given scenerio. Please clear this isue.
> Regards
> Kazi
> --
> Posted via http://britishexpats.com
You left Canada 01/02, the 5 year clock starts ticking. You will have been
out of Canada about 2.5 years if you return this summer, the 5 year clock
ends 01/05, at which time you have to have accumulated 2 years in Canada.
Forget about your previous RR permit, it covers your previous absence.
PMM
Mar 12th 2004, 4:28 am
#7
Guest
Posts: n/a
Re: Mr. Miller-Need your advice
There will be no "new 5 years period". It is only the first period that
counts 5 years from landing. After 5 years from landing any subsequent 5
years period counts backwards - 5 years from the day of counting. You landed
in October 1999, thus your initial 5 years period runs out in October 2004.
After October 2004 you must make sure that at any given time when you count
5 years back you have accumulated 2 years of presence in Canada in those 5
previous years. So, for example in January 2005 you will have to count 5
years back to January 2000 and see if you have been present in Canada (that
includes RRP period) for at least 730 days. This is why in order to maintain
your PR status you will have to stay put in Canada for at least 2 years
after October 2004.
--
../..
Andrew Miller
Immigration Consultant
Vancouver, British Columbia
email: [email protected]
(delete REMOVE from the above address before sending email)
________________________________
"kazi" <member20689@british_expats.com> wrote in message
news:[email protected]...
> Thanks for your input. I am confused with your reply. If I fulfill my
> two year residency obligation based on a resident return permit in a
> given five year period then why I have to stay in Canada for two
> consective years in future? That will start the next five yaer period.
> Second, my three years absence time runs out on Oct. 2004 not in
> January, 05 based on the given scenerio. Please clear this isue.
> Regards
> Kazi
> --
> Posted via http://britishexpats.com
counts 5 years from landing. After 5 years from landing any subsequent 5
years period counts backwards - 5 years from the day of counting. You landed
in October 1999, thus your initial 5 years period runs out in October 2004.
After October 2004 you must make sure that at any given time when you count
5 years back you have accumulated 2 years of presence in Canada in those 5
previous years. So, for example in January 2005 you will have to count 5
years back to January 2000 and see if you have been present in Canada (that
includes RRP period) for at least 730 days. This is why in order to maintain
your PR status you will have to stay put in Canada for at least 2 years
after October 2004.
--
../..
Andrew Miller
Immigration Consultant
Vancouver, British Columbia
email: [email protected]
(delete REMOVE from the above address before sending email)
________________________________
"kazi" <member20689@british_expats.com> wrote in message
news:[email protected]...
> Thanks for your input. I am confused with your reply. If I fulfill my
> two year residency obligation based on a resident return permit in a
> given five year period then why I have to stay in Canada for two
> consective years in future? That will start the next five yaer period.
> Second, my three years absence time runs out on Oct. 2004 not in
> January, 05 based on the given scenerio. Please clear this isue.
> Regards
> Kazi
> --
> Posted via http://britishexpats.com
