Return to Canada
Sep 17th 2001, 1:06 pm
#1
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I am a canadian green card holder. How long can I stay in US.
Sep 18th 2001, 2:38 pm
#2
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>
As a permanent resident of Canada, you must live within Canada’s borders for a
minimum of 183 days per 12 month period, otherwise you run the risk of losing your
status as a permanent resident. This is known as "The 183-Day Rule." The days outside
of Canada don’t have to be in a row. One hundred and fifty days at the beginning of
the period and 45 days at the end equals more than the allowable 182.
If you decide to leave Canada for a period longer than 183 days, when you re-enter
you may be asked to explain your extended absence. It’s important to know that an
absence of more than 183 days creates a legal presumption that you have abandoned
Canada as the place of permanent residence. It will then become your responsibility
to prove that it was not your intention to abandon Canada.
Proving to immigration officials that you are a permanent resident of Canada is
easier with a Returning Resident Permit (RRP). RRPs, which can be applied for while
in or out of Canada, entitle permanent residents to live and work outside Canada
for more than the usual 182 days allowed by law. They are typically issued for one
year, though with special permission they can be issued for longer. They take 2-4
weeks to process.
Some reasons for obtaining an RRP:
To carry out duties as a representative or employee of a Canadian based business;
To upgrade professional, academic, or vocational qualifications; To accompany a
family member who is a Canadian citizen or who has been issued an RRP. Though it
may make proving your Canadian residency easier, having an RRP does not shield you
from all charges of abandoning Canada. Certain actions --such as traveling to the
USA to obtain a green card-- may jeopardize your permanent resident status even if
you possess an RRP or have resided in Canada for 364 days of the preceding 12
month period.
In certain situations you may remain outside of Canada without an RRP for more than
183 days and not lose your permanent resident status. It all depends upon the ties
you have set up and maintained in Canada and the reasons for your stay abroad. If
these reasons involve circumstances beyond your control, or humanitarian activities
such as nursing a sick relative, you may be able to return to Canada and continue
your residency.
________
CAMPBELL, COHEN - attorneys at law tel:514.937.9445 / fax:514.937.2618
[email protected] http://canadavisa.com
Online Community: http://canadavisa.com/community
As a permanent resident of Canada, you must live within Canada’s borders for a
minimum of 183 days per 12 month period, otherwise you run the risk of losing your
status as a permanent resident. This is known as "The 183-Day Rule." The days outside
of Canada don’t have to be in a row. One hundred and fifty days at the beginning of
the period and 45 days at the end equals more than the allowable 182.
If you decide to leave Canada for a period longer than 183 days, when you re-enter
you may be asked to explain your extended absence. It’s important to know that an
absence of more than 183 days creates a legal presumption that you have abandoned
Canada as the place of permanent residence. It will then become your responsibility
to prove that it was not your intention to abandon Canada.
Proving to immigration officials that you are a permanent resident of Canada is
easier with a Returning Resident Permit (RRP). RRPs, which can be applied for while
in or out of Canada, entitle permanent residents to live and work outside Canada
for more than the usual 182 days allowed by law. They are typically issued for one
year, though with special permission they can be issued for longer. They take 2-4
weeks to process.
Some reasons for obtaining an RRP:
To carry out duties as a representative or employee of a Canadian based business;
To upgrade professional, academic, or vocational qualifications; To accompany a
family member who is a Canadian citizen or who has been issued an RRP. Though it
may make proving your Canadian residency easier, having an RRP does not shield you
from all charges of abandoning Canada. Certain actions --such as traveling to the
USA to obtain a green card-- may jeopardize your permanent resident status even if
you possess an RRP or have resided in Canada for 364 days of the preceding 12
month period.
In certain situations you may remain outside of Canada without an RRP for more than
183 days and not lose your permanent resident status. It all depends upon the ties
you have set up and maintained in Canada and the reasons for your stay abroad. If
these reasons involve circumstances beyond your control, or humanitarian activities
such as nursing a sick relative, you may be able to return to Canada and continue
your residency.
________
CAMPBELL, COHEN - attorneys at law tel:514.937.9445 / fax:514.937.2618
[email protected] http://canadavisa.com
Online Community: http://canadavisa.com/community
