Re-immigration to Canada
Sep 17th 2001, 8:32 am
#1
Just Joined
Thread Starter
Joined: Sep 2001
Posts: 5
What are the rules on re-immigration to Canada. Having immegrated once then decided to come back to Britain for many years do you have to apply again to go back? Is there a time limit on these things?
Sep 17th 2001, 11:49 am
#2
Guest
Posts: n/a
You will likely have lost your PR status (depending on circumstances) so = you will
most likely have to re-apply.
You can check the current rules and selection model with the government = site and
you can have an assessment from any reputable firm (our if you = wish) not only on
current chances, but whether there is any hope of = having retained your PR status.
There is no limit on the number of times you can apply (though in some = cases abuse
of process can be argued)
--=20 Good luck,
Berto Volpentesta, B.A. (Spec. Hons.), B.Ed. Member, OPIC Director, OPIC and
Education Committee Chairman
Sidhu & Volpentesta Inc. Serving people around the world since 1991
www.svcanada.com
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apply
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most likely have to re-apply.
You can check the current rules and selection model with the government = site and
you can have an assessment from any reputable firm (our if you = wish) not only on
current chances, but whether there is any hope of = having retained your PR status.
There is no limit on the number of times you can apply (though in some = cases abuse
of process can be argued)
--=20 Good luck,
Berto Volpentesta, B.A. (Spec. Hons.), B.Ed. Member, OPIC Director, OPIC and
Education Committee Chairman
Sidhu & Volpentesta Inc. Serving people around the world since 1991
www.svcanada.com
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apply
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Sep 17th 2001, 2:51 pm
#3
Guest
Posts: n/a
Hi:
Section 24(2) of the Immigration Act, states that:
Where a permanent resident is outside of Canada for more than one hundred and
eighty-three days, in any twelve month period, that person shall be deemed to have
abandoned Canada as his place of permanent residence unless the person satisfies an
immigration officer or an adjudicator, as the case may be, that he did not intend to
abandon Canada as his place of permanent residence. Each time an immigrant returns to
Canada, an immigration officer may examine the person to determine whether in the
preceding 12 month period the immigrant was absent from Canada for a total of more
than 183 days.
In considering whether or not an immigrant has abandoned Canada as the place of
residence, an immigration officer at the port of entry will consider the following:
length of absence; reasons given for an extended absence; evidence of continuing ties
to Canada, such as driver's licence, health insurance, family ties, employment, etc.
medical or humanitarian reasons eg. caring for sick relative; and whether there are
extensive ties outside of Canada, such as foreign employment, family, residence, etc.
An immigrant absent from Canada for more than 183 days is presumed to have abandoned
permanent residence unless the immigrant can rebut the presumption. To assist in
rebutting this presumption an immigrant should obtain a Returning Resident Permit.If
the immigrant is unable to satisfy the immigration officer that he or she is a
returning resident, the immigrant will be reportable under section 20 of the
Immigration Act. Subsequently, the immigrant will be given an opportunity to satisfy
a senior immigration officer that he or she is a returning resident. If the immigrant
fails he or she must then satisfy an immigration adjudicator that he or she did not
intend to abandon Canada as a place of residence.
As a permanent resident, the immigrant also has the right to appeal a removal order
to the Appeal Division of the Immigration and Refugee Board.
Therefore, it appears that you have lost your Canadian permanet residency status, and
will have to reapply.
An individual can reapply as often as they wish. Applications are assessed at the
time they are submitted. This is referred to as the "lock-in date". Personal
situations are constantly changing. One year an applicant may not qualify, and the
next year an applicant may qualify.
Yours truly, Ingrid Y. Chen, B.A., LL.B.
_________________________
Webimmigration.com, Embrace Opportunity 225-141 Bannatyne Avenue Winnipeg, Manitoba
Canada R3B 0R3 Tel: 1-204-943-3303 Fax: 1-204-943-2625 Email: [email protected]
Visit our website at http://www.webimmigration.com
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Section 24(2) of the Immigration Act, states that:
Where a permanent resident is outside of Canada for more than one hundred and
eighty-three days, in any twelve month period, that person shall be deemed to have
abandoned Canada as his place of permanent residence unless the person satisfies an
immigration officer or an adjudicator, as the case may be, that he did not intend to
abandon Canada as his place of permanent residence. Each time an immigrant returns to
Canada, an immigration officer may examine the person to determine whether in the
preceding 12 month period the immigrant was absent from Canada for a total of more
than 183 days.
In considering whether or not an immigrant has abandoned Canada as the place of
residence, an immigration officer at the port of entry will consider the following:
length of absence; reasons given for an extended absence; evidence of continuing ties
to Canada, such as driver's licence, health insurance, family ties, employment, etc.
medical or humanitarian reasons eg. caring for sick relative; and whether there are
extensive ties outside of Canada, such as foreign employment, family, residence, etc.
An immigrant absent from Canada for more than 183 days is presumed to have abandoned
permanent residence unless the immigrant can rebut the presumption. To assist in
rebutting this presumption an immigrant should obtain a Returning Resident Permit.If
the immigrant is unable to satisfy the immigration officer that he or she is a
returning resident, the immigrant will be reportable under section 20 of the
Immigration Act. Subsequently, the immigrant will be given an opportunity to satisfy
a senior immigration officer that he or she is a returning resident. If the immigrant
fails he or she must then satisfy an immigration adjudicator that he or she did not
intend to abandon Canada as a place of residence.
As a permanent resident, the immigrant also has the right to appeal a removal order
to the Appeal Division of the Immigration and Refugee Board.
Therefore, it appears that you have lost your Canadian permanet residency status, and
will have to reapply.
An individual can reapply as often as they wish. Applications are assessed at the
time they are submitted. This is referred to as the "lock-in date". Personal
situations are constantly changing. One year an applicant may not qualify, and the
next year an applicant may qualify.
Yours truly, Ingrid Y. Chen, B.A., LL.B.
_________________________
Webimmigration.com, Embrace Opportunity 225-141 Bannatyne Avenue Winnipeg, Manitoba
Canada R3B 0R3 Tel: 1-204-943-3303 Fax: 1-204-943-2625 Email: [email protected]
Visit our website at http://www.webimmigration.com
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