Beena

Hi! Andrew

I would like to seek a clarification on RRP.

We received our landing papers and had until Feb'2002 to make our entry. However, we
did our landing in Aug'2001 and stayed for a month to complete all formalities. As
per the 183 days rule we should return by end Feb'2002.

However, this is not feasible and we applied for an RRP in our country of residence
requesting an extension until Aug'2002 to do our landing in time for the Academic
year. However, we are still awaiting a response to our RRP and the 183-days is just a
few weeks away.

Could we wait till we get the RRP response even after the 183-days expiry? Is
it mandatory to make a visit before the 183-days for a week or so and await the
RRP response.

If the new rules (720-days in 5-years) are in place by June, can we stay away even
after getting an RRP unitl Aug'2002.

Kindly advise.

Regards

Stuart

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The new rules do not apply until they are formally implemented. That means that any
extended stay away that exceeds 183 days before the new rules come into effect are
still governed by the old rules, and in your case, it means you have some problems.

Even today, you have problems. An RRP is NO guarantee that you will be readmitted.
It's not clear that you are entitled to an RRP. When you landed, even though you
stayed 1 month, you need to demonstrate clearly that you established residence in
Canada in that time. That means more than just getting an SSN and drivers license.
Because you now talk of landing when you return, it sounds very much like you did NOT
in fact complete your landing. You could be out of luck!

Stuart

Andrew Miller

A visit to Canada before 183 days period of absence is reached will not help as
current law clearly says that a PR is deemed to have abandoned Canada as a place of
permanent residence if he or she is absent for the total of 183 days or more in any
12 months period. So, it is a cumulative period of absence within any 12 months, not
183 days per trip.

You must meet residency requirements of the current law during all time this law is
in force, implementation of new law will not make 730 days in 5 years period
residency requirement retroactive. You should contact Canadian visa post where you
applied for RRP and ask them what is going on, but if you didn't establish your
residency in Canada after landing (getting a residence, job or starting a business,
etc.) then RRP will most likely be refused.

--

../..

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

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Bhadras

Stuart / Andrew Miller

Anyone can answer my query.

What is the clear way to demonstrate my residence in Canada other than getting an SSN
and drivers license?

- Suba

Andrew Miller

Having the clear evidence of living in Canada - job and your paycheque stubs, your
residence (rental agreement or property ownership in your name), utility bills in
your name (phone, cable, hydro, electricity, etc.), tax returns, your credit card
receipts showing that you are in Canada and similar evidence combined will prove that
you are living here. Having a SIN, driver's license and a mailing address is not of
any help as those don't prove residency at all, even if you will file Canadian tax
returns every year. You must live in Canada and be able to prove it, period.

--

../..

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

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Stuart

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A lease, a property deed, utility bills ... things that show you are living in
Canada! That's what residence is ... living in Canada!

Ethan More

Stuart <[email protected]>

    >
[usenetquote2]> > Stuart / Andrew Miller[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Anyone can answer my query.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > What is the clear way to demonstrate my residence in Canada other than getting an[/usenetquote2]
[usenetquote2]> > SSN and drivers license?[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > - Suba[/usenetquote2]
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Andrew Miller:

What's the best option (in terms of process time and realibility) apply for RRP or
apply again for PR ?

Take Care

Ethan

Andrew Miller

It all depends from the circumstances and I can't give you any better answer without
knowing all details of the particular situation.

--

../..

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

"Ethan More" <[email protected]>

[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > > Stuart / Andrew Miller[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > > Anyone can answer my query.[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > > What is the clear way to demonstrate my residence in Canada other than getting[/usenetquote2]
[usenetquote2]> > > an SSN and drivers license?[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > > - Suba[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > A lease, a property deed, utility bills ... things that show you are living in[/usenetquote2]
[usenetquote2]> > Canada! That's what residence is ... living in Canada![/usenetquote2]
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