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| Subject: 2 residents outside of Canada and compliance |
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I became a resident of Canada 1.5 years ago. I am currently residing/working in USA, clock is ticking, an if I want to renew my card after another 3.5 years, I need to move to Canada in about 1.5 years (2/5 rule).
A few month ago I met my girlfriend :o) and we became "common law partners". She happens to be in the same situation. She has been a resident for some 2 years, and within a year she needs to move to Canada to retain her status.
None of us stayed in Canada more than 10 days (only landed, got the card, and moved back).
Questions:
1. If she stays with me another 1.5 years, does this count as her days in Canada?
2. Does this work for me as well, will those 1.5 years I stay with her count as Canadian days?
Hope to hear from you.
Many thanks,
Ahmed
[11-05-2008,14:28]
[**.34.30.52]
Ahmed |
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(in reply to: 2 residents outside of Canada and compliance)
nope. neither of you are Canadian citizens.
just an FYI... there is some muttering and displeasure around the 2/5 rule. Canada is not feeling very great about processing PR´s that are not genuinely settling in Canada. There is significant pressure on the current government to reform the system. Do not be surprised if the 2/5 rule gets changed.
[11-05-2008,14:36]
[**.155.160.37]
Sharon |
(in reply to: 2 residents outside of Canada and compliance)
Hi Sharon,
Thanks for your prompt reply.
I thought one can accompany a resident or a citizen, no? Per subparagraph below?
Accompanying outside Canada
(4) For the purposes of subparagraphs 28(2)(a)(ii) and (iv) of the Act and this section, a permanent resident is accompanying outside Canada a Canadian citizen or another permanent resident ? who is their spouse or common-law partner or, in the case of a child, their parent ? on each day that the permanent resident is ordinarily residing with the Canadian citizen or the other permanent resident.
http://laws.justice.gc.ca/en/showdoc/cr/SOR-2002-227/bo-ga:l_5-gb:l_2//en#anchorbo-ga:l_5-gb:l_2
[11-05-2008,14:40]
[**.34.30.52]
Ahmed |
(in reply to: 2 residents outside of Canada and compliance)
One more thing, Sharon...
the reason we have not moved to Canada yet, is b/c we cannot find right jobs... i.e., we do not want to move to Canada and contribute to country´s unemployment rate, and depend on social program that will drain taxpayers/citizen´s bank account.
Ahmed.
[11-05-2008,14:44]
[**.34.30.52]
Ahmed |
(in reply to: 2 residents outside of Canada and compliance)
it is dangerous to take the rules out of context. Read the entire section 61. it is discussing the situation where you are working for a Canadian company as a PR outside of Canada country and your PR spouse is with you.
Under those circumstances, the time outside of Canada is counted in your 2/5 count -for all accompanying family members.
[11-05-2008,15:37]
[**.155.160.37]
Sharon |
(in reply to: 2 residents outside of Canada and compliance)
how can you find the right job when you are happily living and working somewhere else? Do you think a Canadian employer is going to sit around and wait for 6 months while you decide to move?
How many jobs have you applied for in the last 1.5 years? What is your training?
the economy is starting to tank on both sides of the border and 300,000 immigrants have now got a head start on you for finding employment since you got your PR. The next 1.5 years will be much tougher than the last 1.5
[11-05-2008,15:43]
[**.155.160.37]
Sharon |
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