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| Subject: Staying outside Canada |
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Hi All,
I became permanent resident in 2006 while I was pursuing my PhD in USA. I am still a student in USA and hopefully will finish my PhD by the end of 2008. I have two questions in regard to that:
1 - I am heard that if a PR is staying outside of canada for study purposes then that time doesn´t count towards the "2 years in first 5 years". Is it true???
2- Sencondly I have a 10 month old baby now and want to apply for her permanent resident. She is with me in the USA, I was wondering if I can apply for her PR while we are in USA.
I would really appreciate if someone can guide me in these matters.
Regards
[20-10-2007,15:26]
[***.235.249.80]
MUQ2 |
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(in reply to: Staying outside Canada)
Please read section 28 of IRPA;
Residency obligation
28. (1) A permanent resident must comply with a residency obligation with respect to every five-year period.
Application
(2) The following provisions govern the residency obligation under subsection (1):
(a) a permanent resident complies with the residency obligation with respect to a five-year period if, on each of a total of at least 730 days in that five-year period, they are
(i) physically present in Canada,
(ii) outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent,
(iii) outside Canada employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province,
(iv) outside Canada accompanying a permanent resident who is their spouse or common-law partner or, in the case of a child, their parent and who is employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province, or
(v) referred to in regulations providing for other means of compliance;
(b) it is sufficient for a permanent resident to demonstrate at examination
(i) if they have been a permanent resident for less than five years, that they will be able to meet the residency obligation in respect of the five-year period immediately after they became a permanent resident;
(ii) if they have been a permanent resident for five years or more, that they have met the residency obligation in respect of the five-year period immediately before the examination; and
(c) a determination by an officer that humanitarian and compassionate considerations relating to a permanent resident, taking into account the best interests of a child directly affected by the determination, justify the retention of permanent resident status overcomes any breach of the residency obligation prior to the determination.
2001, c. 27, s. 28; 2003, c. 22, s. 172(E).
THEN READ Division Two of IRPR section 61 etc.
Roy
www.cvimmigration.com
[20-10-2007,15:53]
[**.158.55.214]
Roy |
Staying outside Canada (in reply to: Staying outside Canada)
Hi Roy,
Thanks for the references, very interesting. I have a question with regards to 2(iii) “outside Canada employed on a full-time basis by a Canadian business…”
If I start a company in Canada and then immediately leave Canada for another country as an employee for that the Canadian company, come back to Canada after three years, can I apply for citizenship? If so, what do I need to prove that I was an employee of the Canadian company besides my paycheck? Do I need to show that the Canadian company had revenue in the other country where I was? Do I need to show profit from the country to the Canadian company?
Thanks,
Ray
[20-10-2007,17:20]
[**.137.59.8]
Ray |
(in reply to: Staying outside Canada)
Ray,
You need to spend 730 days in a five year period in Canada.
You can sponsor your baby in Buffalo, NY for PR in Canada.
If you set up a company in Canada and worked for that company abroad you will have to show business activities, pay your taxes in Canada, file tax returns for yourself and the company and in the overseas country too.
Some countries have Double Taxation Relief with Canada.
You cannot form a company just to satisy immigration purposes, it must be an ongoing company with business activities.
www.canadaimmigrationbpa.com
[20-10-2007,19:19]
[**.158.154.51]
Balwant |
(in reply to: Staying outside Canada)
THanks for your reply:
Waht could be options under - 2(V). Also where I can download the IRPA document
THanks
[20-10-2007,19:21]
[***.235.249.80]
MUQ2 |
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