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Question about new Immigration Law & RRP

Question about new Immigration Law & RRP

Old Jun 26th 2003, 10:56 pm
  #1  
Alex
Guest
 
Posts: n/a
Default Question about new Immigration Law & RRP

I am Canadian Landed Immigrant currently living in London, United
Kingdom and I have a query regarding my tricky situation. I landed on
11/10/2001 but one week afterwards I left Canada for England where I
applied for a Returning Resident Permit. I was given a RRP for 2 years
and it expires this year, October 31. Also an Immigration Officer
advised me that once this RRP expires, the new one could be issued if
needed. This was clear for me but then, the new immigration law was
enforced in June 2002 situation has changed. As far as I know
Returning Residents Permits do not exist any more. That means I cannot
get a new one to the one I currently hold.As far as I know by new law
it is possible to be out of the Canada up to 3 years in a 5-year
period. For me, then does this period starts? June 2002, then the new
immigration law came in power, 31 October 2003, then my Returning
Resident Permit expires or 17 of November 2001, date then I left the
country after I had landed. Does the new immigration law have anything
similar to RRP for a people like me? I need to stay in the UK for 3
years.
 
Old Jun 27th 2003, 1:59 am
  #2  
Andrew Miller
Guest
 
Posts: n/a
Default Re: Question about new Immigration Law & RRP

For those who are PR less than 5 years first period of 2/5 rule starts on
the date of landing. Thus in your case you must be present in Canada for at
least 730 days (2 years) between your landing and 11/10/2006. Days of
absence from Canada on valid RRP issued under old law count as days of
presence in Canada for the purpose of 2/5 rule.

--

../..

Andrew Miller
Immigration Consultant
Vancouver, British Columbia
email: [email protected]
(delete REMOVE from the above address before sending email)
________________________________


"alex" wrote in message
news:[email protected]...
    > I am Canadian Landed Immigrant currently living in London, United
    > Kingdom and I have a query regarding my tricky situation. I landed on
    > 11/10/2001 but one week afterwards I left Canada for England where I
    > applied for a Returning Resident Permit. I was given a RRP for 2 years
    > and it expires this year, October 31. Also an Immigration Officer
    > advised me that once this RRP expires, the new one could be issued if
    > needed. This was clear for me but then, the new immigration law was
    > enforced in June 2002 situation has changed. As far as I know
    > Returning Residents Permits do not exist any more. That means I cannot
    > get a new one to the one I currently hold.As far as I know by new law
    > it is possible to be out of the Canada up to 3 years in a 5-year
    > period. For me, then does this period starts? June 2002, then the new
    > immigration law came in power, 31 October 2003, then my Returning
    > Resident Permit expires or 17 of November 2001, date then I left the
    > country after I had landed. Does the new immigration law have anything
    > similar to RRP for a people like me? I need to stay in the UK for 3
    > years.
 
Old Jun 27th 2003, 10:29 am
  #3  
Alex
Guest
 
Posts: n/a
Default Re: Question about new Immigration Law & RRP

Thanks for you reply but unfortunately I did not get your point :-(.
As you said that by the new immigration law days of absence from
Canada on the valid RRP issued under old law count as a days of
presence in Canada. In other words having valid RRP my 2/5 absence
period should start once RRP expires. Let me clarify what my problem
is. I have just graduated from University and planning to continue my
studies over here in the UK. At the same time I do not want to loose
my Canadian status. How can proceed with my UK studies without braking
Canadian immigration law? The programme i have chosen is 2,5 years
length. Thanks a lot

    > For those who are PR less than 5 years first period of 2/5 rule starts on
    > the date of landing. Thus in your case you must be present in Canada for at
    > least 730 days (2 years) between your landing and 11/10/2006. Days of
    > absence from Canada on valid RRP issued under old law count as days of
    > presence in Canada for the purpose of 2/5 rule.
 
Old Jun 27th 2003, 10:43 am
  #4  
Andrew Miller
Guest
 
Posts: n/a
Default Re: Question about new Immigration Law & RRP

No, it doesn't mean that. I have clearly stated that first 5 years period
starts on the day of landing and you must be present in Canada for at least
730 days during those first 5 years. Fact that you have valid RRP doesn't
affect in any way either the beginning nor the end of this 5 years period.

But having valid RRP helps you in another way - days of absence from Canada
during the validity of your RRP count as days of presence in Canada. It
means that if you are abroad for example for 600 days on valid RRP then
those 600 days count as presence in Canada. I hope it is clear for you now.

--

../..

Andrew Miller
Immigration Consultant
Vancouver, British Columbia
email: [email protected]
(delete REMOVE from the above address before sending email)
________________________________


"alex" wrote in message
news:[email protected]...
    > Thanks for you reply but unfortunately I did not get your point :-(.
    > As you said that by the new immigration law days of absence from
    > Canada on the valid RRP issued under old law count as a days of
    > presence in Canada. In other words having valid RRP my 2/5 absence
    > period should start once RRP expires. Let me clarify what my problem
    > is. I have just graduated from University and planning to continue my
    > studies over here in the UK. At the same time I do not want to loose
    > my Canadian status. How can proceed with my UK studies without braking
    > Canadian immigration law? The programme i have chosen is 2,5 years
    > length. Thanks a lot
    > > For those who are PR less than 5 years first period of 2/5 rule starts
on
    > > the date of landing. Thus in your case you must be present in Canada for
at
    > > least 730 days (2 years) between your landing and 11/10/2006. Days of
    > > absence from Canada on valid RRP issued under old law count as days of
    > > presence in Canada for the purpose of 2/5 rule.
    > >
 
Old Jun 29th 2003, 11:32 pm
  #5  
Alex
Guest
 
Posts: n/a
Default Re: Question about new Immigration Law & RRP

Let me rephrase my question. In my circumstances can I return back to
Canada in year 2006? Due to the fact that my RRP is counted as the
time spend within Canada the immigration officer should let me enter
the country. Am I right? If not, then is the last day I am allowed to
come back? Thanks a lot


"Andrew Miller" wrote in message news:...
    > No, it doesn't mean that. I have clearly stated that first 5 years period
    > starts on the day of landing and you must be present in Canada for at least
    > 730 days during those first 5 years. Fact that you have valid RRP doesn't
    > affect in any way either the beginning nor the end of this 5 years period.
    >
    > But having valid RRP helps you in another way - days of absence from Canada
    > during the validity of your RRP count as days of presence in Canada. It
    > means that if you are abroad for example for 600 days on valid RRP then
    > those 600 days count as presence in Canada. I hope it is clear for you now.
    >
    > --
 
Old Jun 30th 2003, 8:32 am
  #6  
Justin
Guest
 
Posts: n/a
Default Re: Question about new Immigration Law & RRP

[email protected] (alex) wrote in message news:...
    > Let me rephrase my question. In my circumstances can I return back to
    > Canada in year 2006? Due to the fact that my RRP is counted as the
    > time spend within Canada the immigration officer should let me enter
    > the country. Am I right? If not, then is the last day I am allowed to
    > come back? Thanks a lot
    >
    >
    > "Andrew Miller" wrote in message news:...
    > > No, it doesn't mean that. I have clearly stated that first 5 years period
    > > starts on the day of landing and you must be present in Canada for at least
    > > 730 days during those first 5 years. Fact that you have valid RRP doesn't
    > > affect in any way either the beginning nor the end of this 5 years period.
    > >
    > > But having valid RRP helps you in another way - days of absence from Canada
    > > during the validity of your RRP count as days of presence in Canada. It
    > > means that if you are abroad for example for 600 days on valid RRP then
    > > those 600 days count as presence in Canada. I hope it is clear for you now.
    > >
    > > --


Hi Mr. Miller

I landed in November 2001 and I Applyed For RRP at April 2001 that was
aproved in Juin 2002 for a year, and will expire in jully 31, 2003.
I accrossed abord Montreal airport in Jully 2001 and an immigration
officer told that the RRP is not usefull anymore according to the new
law, so he can keep it. So I gave it to him after I signed it.
How can I get it back, I may need it because you said that the days
the RRP holder spent abroad on valid RRP are counted as presents in
Canada. I may also need it for my RP carte application.
Thank for help
Justin
 
Old Jul 1st 2003, 2:52 am
  #7  
Pmm
Guest
 
Posts: n/a
Default Re: Question about new Immigration Law & RRP

Hi Justin

"justin" wrote in message
news:[email protected]...
    > [email protected] (alex) wrote in message
news:...
    > > Let me rephrase my question. In my circumstances can I return back to
    > > Canada in year 2006? Due to the fact that my RRP is counted as the
    > > time spend within Canada the immigration officer should let me enter
    > > the country. Am I right? If not, then is the last day I am allowed to
    > > come back? Thanks a lot
    > >
    > >
    > > "Andrew Miller" wrote in message
news:...
    > > > No, it doesn't mean that. I have clearly stated that first 5 years
period
    > > > starts on the day of landing and you must be present in Canada for at
least
    > > > 730 days during those first 5 years. Fact that you have valid RRP
doesn't
    > > > affect in any way either the beginning nor the end of this 5 years
period.
    > > >
    > > > But having valid RRP helps you in another way - days of absence from
Canada
    > > > during the validity of your RRP count as days of presence in Canada.
It
    > > > means that if you are abroad for example for 600 days on valid RRP
then
    > > > those 600 days count as presence in Canada. I hope it is clear for you
now.
    > > >
    > > > --
    > Hi Mr. Miller
    > I landed in November 2001 and I Applyed For RRP at April 2001 that was
    > aproved in Juin 2002 for a year, and will expire in jully 31, 2003.
    > I accrossed abord Montreal airport in Jully 2001 and an immigration
    > officer told that the RRP is not usefull anymore according to the new
    > law, so he can keep it. So I gave it to him after I signed it.
    > How can I get it back, I may need it because you said that the days
    > the RRP holder spent abroad on valid RRP are counted as presents in
    > Canada. I may also need it for my RP carte application.
    > Thank for help
    > Justin

Don't worry about it, it was input in the FOSS system, and is there for all
CIC to see.

PMM
 
Old Jul 1st 2003, 8:42 pm
  #8  
Alex
Guest
 
Posts: n/a
Default Re: Question about new Immigration Law & RRP

I am Canadian Landed Immigrant currently living in London, United
Kingdom and I have a query regarding my tricky situation. I landed on
11/10/2001 but one week afterwards I left Canada for England where I
applied for a Returning Resident Permit. I was given a RRP for 2 years
and it expires this year, October 31. In my circumstances can I return
back to Canada in year 2006? Due to the fact that my RRP is counted as
the time spend within Canada the immigration officer should let me
enter the country. Am I right? If not, then is the last day I am
allowed to come back?
Thanks a lot
 
Old Jul 2nd 2003, 1:40 am
  #9  
Andrew Miller
Guest
 
Posts: n/a
Default Re: Question about new Immigration Law & RRP

You will need to apply for Travel Document through CHC London about 2 months
prior to planned return to Canada. TD will facilitate your return as your
landing paper will not be valid for travel after 2003 anymore. During TD
application process it will be determined if your PR status is still valid
and if TD can be issued. You shouldn't have any problems getting TD for
October 2006 with your 2-years RRP.

--

../..

Andrew Miller
Immigration Consultant
Vancouver, British Columbia
email: [email protected]
(delete REMOVE from the above address before sending email)
________________________________


"alex" wrote in message
news:[email protected]...
    > I am Canadian Landed Immigrant currently living in London, United
    > Kingdom and I have a query regarding my tricky situation. I landed on
    > 11/10/2001 but one week afterwards I left Canada for England where I
    > applied for a Returning Resident Permit. I was given a RRP for 2 years
    > and it expires this year, October 31. In my circumstances can I return
    > back to Canada in year 2006? Due to the fact that my RRP is counted as
    > the time spend within Canada the immigration officer should let me
    > enter the country. Am I right? If not, then is the last day I am
    > allowed to come back?
    > Thanks a lot
 

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