What constitutes landing

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Old Mar 24th 2003, 1:52 am
  #1  
Anonymous
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Default What constitutes landing

I am a U.S. citizen looking to make Canada my permanent home. However, this
summer I was hoping to travel overseas. I have received my landing papers
to become a permanent resident. The immigration official at the border says
I can't get my permanent resident card until I come to Canada to live. I
can't just go to the border, get the PR card, then turn around and return a
year later.

My question is: what constitutes "moving to Canada" in terms of getting a
PR card? Do I have to rent an apartment? Can I just move some stuff over
and put it in storage? Is there a minimum amount of time I have to spend in
Canada on the trip in which I get my PR card?

Also, what questions will they ask me when I present my landing papers? The
first time I tried, I didn't get past the first question!

Thanks.
 
Old Mar 24th 2003, 5:14 am
  #2  
Http://Www.Iamnotamerican.Com
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Default Re: What constitutes landing

in a recent article, anonymous ([email protected]) said:

    > I am a U.S. citizen looking to make Canada my permanent home. However, this
    > summer I was hoping to travel overseas. I have received my landing papers
    > to become a permanent resident. The immigration official at the border says
    > I can't get my permanent resident card until I come to Canada to live. I
    > can't just go to the border, get the PR card, then turn around and return a
    > year later.
    >
    > My question is: what constitutes "moving to Canada" in terms of getting a
    > PR card? Do I have to rent an apartment? Can I just move some stuff over
    > and put it in storage? Is there a minimum amount of time I have to spend in
    > Canada on the trip in which I get my PR card?
How 'bout you replace the word 'Canada' with the phrase 'a new home'?
Would you consider it 'moving to a new home' if you just put stuff in
storage? I doubt it. Would you consider it 'moving to a new home' if you
just had an empty apartment but still had all your furniture, etc, at your
old place? I doubt it.

That should answer your question and you should act accordingly. When
you're ready to move to Canada, great. But if you're not ready to move to
Canada, then do your trip or whatever else and land when you're actually
going to become a Canadian resident.


    > Also, what questions will they ask me when I present my landing papers? The
    > first time I tried, I didn't get past the first question!
When you're actually moving here, you shouldn't have any problems, so
you don't really have to worry about what questions you will be asked.
You've already passed the toughest part, getting status (congratulations).

--
Visit http://www.iamnotamerican.com to see three unique and original t-shirt
designs by a Surrey, B.C. resident. Professionally printed on "Fruit of the
Loom" shirts in very limited numbers, the first design features a Canadian
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Remove second 'dot' before '.com' to reply via Email.
 
Old Mar 24th 2003, 11:13 am
  #3  
S B
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Default Re: What constitutes landing

anonymous wrote:
    >
    > I am a U.S. citizen looking to make Canada my permanent home. However, this
    > summer I was hoping to travel overseas. I have received my landing papers
    > to become a permanent resident. The immigration official at the border says
    > I can't get my permanent resident card until I come to Canada to live. I
    > can't just go to the border, get the PR card, then turn around and return a
    > year later.
    >
    > My question is: what constitutes "moving to Canada" in terms of getting a
    > PR card? Do I have to rent an apartment? Can I just move some stuff over
    > and put it in storage? Is there a minimum amount of time I have to spend in
    > Canada on the trip in which I get my PR card?
    >
    > Also, what questions will they ask me when I present my landing papers? The
    > first time I tried, I didn't get past the first question!
    >
    > Thanks.

Interestingly, this CIC officer appears to be out of date in the
application of the law, unless you got this info before June 28, 2002.

No longer does the definition of landing include the establishment of
residence. It used to and was interpreted that way.

That said, it's not impossible that CIC could deny landing to someone
not actually ready to establish residence based on an interpretation of
the process of landing. That said, many people have done exactly what
you're proposing. Unfortunately there are no reported cases of
contensted landing or stripping PR because people have not established
residence on landing to use as a reference under the new law. i.e. it
has not clearly been tested the other way yet. People certainly have
returned to Canada when they'd have lost PR under the old law and
entered under the new law.

It's hard when you're something of the guinea pig for the new law.
 
Old Mar 24th 2003, 9:21 pm
  #4  
pkjmet
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Posts: n/a
Default Re: What constitutes landing

S B wrote in message news:...
    > anonymous wrote:
    > >
    > > I am a U.S. citizen looking to make Canada my permanent home. However, this
    > > summer I was hoping to travel overseas. I have received my landing papers
    > > to become a permanent resident. The immigration official at the border says
    > > I can't get my permanent resident card until I come to Canada to live. I
    > > can't just go to the border, get the PR card, then turn around and return a
    > > year later.
    > >
    > > My question is: what constitutes "moving to Canada" in terms of getting a
    > > PR card? Do I have to rent an apartment? Can I just move some stuff over
    > > and put it in storage? Is there a minimum amount of time I have to spend in
    > > Canada on the trip in which I get my PR card?
    > >
    > > Also, what questions will they ask me when I present my landing papers? The
    > > first time I tried, I didn't get past the first question!
    > >
    > > Thanks.
    >
    > Interestingly, this CIC officer appears to be out of date in the
    > application of the law, unless you got this info before June 28, 2002.
    >
    > No longer does the definition of landing include the establishment of
    > residence. It used to and was interpreted that way.
    >
    > That said, it's not impossible that CIC could deny landing to someone
    > not actually ready to establish residence based on an interpretation of
    > the process of landing. That said, many people have done exactly what
    > you're proposing. Unfortunately there are no reported cases of
    > contensted landing or stripping PR because people have not established
    > residence on landing to use as a reference under the new law. i.e. it
    > has not clearly been tested the other way yet. People certainly have
    > returned to Canada when they'd have lost PR under the old law and
    > entered under the new law.
    >
    > It's hard when you're something of the guinea pig for the new law.

SB:

An intersting case. Read Section 72 of the regulationa , in particular
72(b). There appears to be a requirement that they are in Canada to
establish permenent residence. Therefore the situation could happen
that PR could be denied if the purpose was not to establish residence
similar to 19(1)h of the Old Act. This was rarely used and concerns
only the intention of the individual.

JIm Metcalfe
 

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