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| Subject: Question |
Dear all can someone kindly shed some light on this topic
I lived in Canada for 8 months since landing as PR in Sep 06, I left Canada in Dec.2007. Can I come back in 2010 without risking my PR?
[23-07-2008,05:47]
[**.154.21.82]
nanga |
(in reply to: Question)
Wow, Nanga... that will be awfully risky! If I understand you correctly you want to come back right before your 3rd year outside Canada is over... let´s say Dec 2010?
I suppose you can stay outside Canada until Dec 2010 but in order to retain you PR status after you come back to Canada you will have to stay put for the next two years... NOT BEING ABLE TO LEAVE AT ALL! NOT EVEN IN CASE OF AN EMERGENCY OR DEATH OF A FAMILY MEMBER OR NOTHING!
You will have to fulfill your PR obligations of living in Canada for at least 730 days out five years... if you don´t then your PR status will be lost... are you willing to do that?
[23-07-2008,06:20]
[***.229.236.245]
Lily |
(in reply to: Question)
thanks Lily
other opinions are appricated
[23-07-2008,08:33]
[**.154.21.82]
nanga |
(in reply to: Question)
I HAVE ANSWERED THIS A HUNDRED TIMES IF I HAVE ANSWERED IT ONCE. NOW READ THE REGULATIONS TO UNDERSTAND HOW YOU CAN BEAT THE SYSTEM? THERE IS A LEGAL WAY.
MY QUESTION IS WHY DID YOU APPLY FOR PR YOURSELF?
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).
Roy
www.cvimmigration.com
[23-07-2008,09:04]
[**.55.216.32]
Roy |
(in reply to: Question)
Thanks Roy,
Indeed your elaboration on the topic is informative and appreciated as well.
It is not the system that I am trying beat; it is to understand how does the system applies on each individual case based on specific criteria.
As to your QUESTION IS WHY DID I APPLY FOR PR? I can give you millions reasons, yet none of them is to beat the system.
Crystal clear answer to my question will indeed help me to clarify the situation for a better planning.
[23-07-2008,15:17]
[**.231.232.132]
Anonymous |
(in reply to: Question)
!!
[23-07-2008,15:31]
[**.231.232.132]
Anonymous |
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