Wera & Wolfgang Frie

Hello everybody,

me and my wife are in the process of immigration to Canada in the 'skilled worker'
category. We have received the interview waiver together with the medical documents
some days ago.

Our question: With the first day we come to Canada starts the '183 day out of every
12 month' rule? Is this correct? Is this rule valid only for the principal applicant
or also for my wife? Are there any official documents from the Canadian Embassy about
this topic?

Thanks in advance for any response.

Wolfgang & Wera
--
Wera & Wolfgang Friedrich email: [email protected] Virchowstr. 7 phone:
+49(0)9171-70555 91154 Roth fax: +49(0)69-13304092141 Germany

Webimmigration.Com

Hi:

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.

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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Wera & Wolfgang Frie

Hello,

Thank you very much for the answers.

One more question regarding my wife:

Does she count as an own 'Permanent Resident' with her own 183 days count or is she
dependent on me?

For example: If I am in Canada and my wife was abroad for more than 183 days, is
it possible that her PR status is canceled? Or does she have the PR as long as I
have mine?

Thanks in advance for any response.

Wolfgang & Wera

"WebImmigration.Com" wrote:
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[usenetquote2]> > Hello everybody,[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > me and my wife are in the process of immigration to Canada in the 'skilled[/usenetquote2]
[usenetquote2]> > worker' category. We have received the interview waiver together with the medical[/usenetquote2]
[usenetquote2]> > documents some days ago.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Our question: With the first day we come to Canada starts the '183 day out of[/usenetquote2]
[usenetquote2]> > every 12 month' rule? Is this correct? Is this rule valid only for the principal[/usenetquote2]
[usenetquote2]> > applicant or also for my wife? Are there any official documents from the Canadian[/usenetquote2]
[usenetquote2]> > Embassy about this topic?[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Thanks in advance for any response.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Wolfgang & Wera[/usenetquote2]
--
Wera & Wolfgang Friedrich email: [email protected] Virchowstr. 7 phone:
+49(0)9171-70555 91154 Roth fax: +49(0)69-13304092141 Germany

Webimmigration.Com

Hi:

Once you both land in Canada, your wife is no longer "dependent" on you.

You both are separately entitled to remain outside of Canada for a total fo 183 days
out of a 12 month period.

For more information go to http://www.webimmigration.com/landingissues.html

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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[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Hi:[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Each time an immigrant returns to Canada, an immigration officer may[/usenetquote2]
examine
[usenetquote2]> > the person to determine whether in the preceding 12 month period the immigrant[/usenetquote2]
[usenetquote2]> > was absent from Canada for a total of more than 183 days.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > In considering whether or not an immigrant has abandoned Canada as the[/usenetquote2]
place
[usenetquote2]> > of residence, an immigration officer at the port of entry will consider[/usenetquote2]
the
[usenetquote2]> > following:[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > length of absence; reasons given for an extended absence; evidence of continuing[/usenetquote2]
[usenetquote2]> > ties to Canada, such as driver's licence, health insurance, family ties,[/usenetquote2]
[usenetquote2]> > employment, etc. medical or humanitarian reasons eg. caring for sick relative;[/usenetquote2]
[usenetquote2]> > and whether there are extensive ties outside of Canada, such as foreign[/usenetquote2]
[usenetquote2]> > employment, family, residence, etc. An immigrant absent from Canada for more than[/usenetquote2]
[usenetquote2]> > 183 days is presumed to[/usenetquote2]
have
[usenetquote2]> > abandoned permanent residence unless the immigrant can rebut the presumption. To[/usenetquote2]
[usenetquote2]> > assist in rebutting this presumption an immigrant should obtain a Returning[/usenetquote2]
[usenetquote2]> > Resident Permit.If the immigrant is unable to satisfy[/usenetquote2]
the
[usenetquote2]> > immigration officer that he or she is a returning resident, the[/usenetquote2]
immigrant
[usenetquote2]> > will be reportable under section 20 of the Immigration Act.[/usenetquote2]
Subsequently,
[usenetquote2]> > the immigrant will be given an opportunity to satisfy a senior[/usenetquote2]
immigration
[usenetquote2]> > officer that he or she is a returning resident. If the immigrant fails[/usenetquote2]
he or
[usenetquote2]> > she must then satisfy an immigration adjudicator that he or she did not intend to[/usenetquote2]
[usenetquote2]> > abandon Canada as a place of residence.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]

[usenetquote2]> > > Hello everybody,[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > > me and my wife are in the process of immigration to Canada in the 'skilled[/usenetquote2]
[usenetquote2]> > > worker' category. We have received the interview waiver together with the[/usenetquote2]
[usenetquote2]> > > medical documents some days ago.[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > > Our question: With the first day we come to Canada starts the '183 day out of[/usenetquote2]
[usenetquote2]> > > every 12 month' rule? Is this correct? Is this rule valid only for the[/usenetquote2]
[usenetquote2]> > > principal applicant or also for my wife? Are there any official documents from[/usenetquote2]
[usenetquote2]> > > the Canadian Embassy about this topic?[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > > Thanks in advance for any response.[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > > Wolfgang & Wera[/usenetquote2]
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Berto Volpentesta

Each permanent resident is assessed separately. Her status does not = depend on yours
and neither yours on hers.

If only one of you were to leave Canada while the other stayed in = Canada, there
could be a strong argument that the one who left had not = abandoned Canada.=20

Even in the event that the officer decided that the person did abandon = Canada, and
an adjudicator agreed with the officer and an IAD member = agreed with the Minister
and ultimately the person lost their status, = that person could simply be sponsored
by their spouse. (simply being a = relative term)

--=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

Pmm

All

This "rule" applies to every PR of Canada.

Every PR must maintain their status and not abandon Canada as your home. If a PR
stays out of Canada for more than 183 in any 365 day period, he may be deemed to have
abandoned Canada.

Since there are a slew of other factors surrounding the issue of whether or not you
would lose your PR status, a case to case examination is essential.

You can look at the CIC website or ours if you wish for further details.

--
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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It is better if you define the "183 day rule" What the Immigration Act states is that
if you are outside Canada for more than 183 days in a 12 month period the ONUS of
proof that you have not abandoned Canada shifts from CIC to You. It is quite possible
to lose your PR status by being outside Canada for LESS than 183 days but is up to
CIC to prove than you abandoned Canada in that case.

PMM

Stephen C. Gallagher

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Her PR status is not tied to yours. Nor is your status tied to hers. If she is out of
Canada for more that 183 she would have to prove that she did not abandon Canada as
her home. The fact that her husband has been living in Canada all along would be a
good indicator that she still views Canada as her home. If she could show that the
reason she was out of Canada was of a temporary nature, that would also help.

Stephen Gallagher