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Are we going to lose our landed immigrant status?

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Are we going to lose our landed immigrant status?

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Old Nov 24th 2003, 3:47 pm
  #1  
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Default Are we going to lose our landed immigrant status?

I posted this under "canada" and "moving back to UK"but was advised to ask here so here I go again.

We are landed immigrants, have been here for 2 years.
We are planning to back in UK around January next year.
Is there anything we can do to obtain citizenship sooner rather then after 3 years of being here?

It will only be 6 months before we could be due to apply but we will not be in Canada any longer.

What if we want to come back here again lets say in 18 months. What should we do?

I even wanted ti skip the new ID card application but I think I should go ahead and do that while I am still here is this right?

Any comments welcome!
Thank you.
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Old Nov 24th 2003, 4:03 pm
  #2  
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Default Re: Are we going to lose our landed immigrant status?

And one more question.
how long does it take to apply for this new ID card?
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Old Nov 24th 2003, 4:07 pm
  #3  
Robert
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Default Re: Are we going to lose our landed immigrant status?

"Gezza" <member14923@british_expats.com> wrote in message
news:[email protected]...
    > I posted this under "canada" and "moving back to UK"but was advised to
    > ask here so here I go again.
    > We are landed immigrants, have been here for 2 years.
    > We are planning to back in UK around January next year.
    > Is there anything we can do to obtain citizenship sooner rather then
    > after 3 years of being here?
Short answer is NO !
If you havent got the required time in then it is a waste of time and money
to even think about it.
    > It will only be 6 months before we could be due to apply but we will not
    > be in Canada any longer.
    > What if we want to come back here again lets say in 18 months. What
    > should we do?
you still have to complete the required time which will be whatever you have
up to the point of leaving, then start adding to that from the time you come
back.

    > I even wanted ti skip the new ID card application but I think I should
    > go ahead and do that while I am still here is this right?


Do the new PR card ASAP it may avoid problems when coming back later
    > Any comments welcome!

Only one other comment "dont bother with british ex pats"
Nobody can reply to you direct and it has been known to loose posts. better
to come to group directly with outlook express or whatever newsreader you
use.

    > Thank you.
    > --
    > Posted via http://britishexpats.com
 
Old Nov 24th 2003, 6:47 pm
  #4  
Jaj
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Default Re: Are we going to lose our landed immigrant status?

Firstly, check out this page:
http://www.cic.gc.ca/english/newcomer/res-oblig.html

The new 2002 law (IRPA) has eliminated the concept of what your
intentions regarding Canada are, or what the reason for your absence
was. Now it's a fairly mechanistic determination of 2 years (730
days) physically in Canada in every 5 year period.

The law in hard-code is found in section 28 of IRPA:
http://www.parl.gc.ca/37/1/parlbus/c...41b-1E.html#13

The bottom line is that once you spend more than a couple of years
outside Canada (unless the specified exceptions apply) you are at high
risk of losing your PR. Often people spend longer overseas than they
intended at the start, and there will be many cases of lost PR this
way.

If you want detailed advice on how the rules might apply to specific
absences I suggest you contact a professional.

Getting the PR Card won't protect you from loss of permanent residence
before its expiry date if you do not meet the residence requirement.
You should nevertheless obtain it before leaving Canada (as it can't
be obtained overseas), just be aware that it does not exempt you from
the residency obligation.

Also be aware that even if you return to Canada soon enough to keep
your PR, if your absence is over 1 year you will have broken the
residence requirement for citizenship. That means you will then need
to clock up the 3 year residency period again from scratch. This is
because CIC only look at the previous 4 years when you apply.
http://www.cic.gc.ca/english/citizen/howto-e.html

Tthere is legislation before Parliament that will widen this window to
6 years, but it's not passed into law yet and previous bills of this
nature have failed.

Forget about applying for citizenship before you reach the 3 year
mark. Obviously I don't know what reasons you might have for
contemplating a move, but I would strongly advise you - if you want to
keep open the option of living in Canada - to get your Canadian
citizenship first and only then think about moving back to the UK, or
anywhere else.

Jeremy



    >On Tue, 25 Nov 2003 04:47:24 +0000, Gezza <member14923@british_expats.com> wrote:
    >I posted this under "canada" and "moving back to UK"but was advised to
    >ask here so here I go again.
    >We are landed immigrants, have been here for 2 years.
    >We are planning to back in UK around January next year.
    >Is there anything we can do to obtain citizenship sooner rather then
    >after 3 years of being here?
    >It will only be 6 months before we could be due to apply but we will not
    >be in Canada any longer.
    >What if we want to come back here again lets say in 18 months. What
    >should we do?
    >I even wanted ti skip the new ID card application but I think I should
    >go ahead and do that while I am still here is this right?
    >Any comments welcome!
    >Thank you.
    >--
    >Posted via http://britishexpats.com

This is not intended to be legal advice in any jurisdiction
 

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