Archive » United Kingdom » How much time do I have?
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| Dip Member Member # 4428 | Posted February 27, 2004 03:05 PM Thanks Cosmo!! |
| Kayalami Member Member # 5984 | Posted February 27, 2004 03:59 PM Dip, To maintain Can PR you must be physically present in Canada for 2 years (the act actually states 730 days) out of 5 years. This looks back at a 5 yr period if you acquired your PR 5 or more years ago or 5 years from acquiring PR to determine whether you will meet the residency requirement. You landed in May 2001. Your RR period is to May 2006. You have to be in Canada for 730 days in this period of which to date you have 33. You need another 697. You need to meet the residence criteria for BC so I have ignored period to October 04. This means you need to get the 697 days between Nov 04 and May 06. Unfortunatley there are only 570 days in this period. Another way to look at it is: You can be out of Canada from May 2001 to May 2004. You plan to get BC which requires you to be in UK till Oct 04. Going for a discretionary consideration of residence and issue of retaining UK ILR for BC application while trying to gurantee Can PR by going there before May 04 is fraught with potential to lose out on both fronts so you may wish to consider fresh application for Can PR in future. This is especially in light of the fact that regaining Can Pr in your circumstances would require you to reside in Canada continuously till May 2009 due to you back loading your residence requirement i.e. the 5 yr period is on a rolling basis. You may also wish to review why you want to be a Can PR. Increasingly many countries are relying on secondary evidence of meeting the residency requirements in light of decreasing stamping of ptts at international airports particulary at frontier exits. You will often be asked to submit evidence of tax filing, maintaining bank accounts, medical records, educational records, driving license, tenancy agreements/ mortgage statements et al typically at naturalisation stage. If you are discovered to have lied then you don't get the relevant citizenship and increasingly will get stripped of ILR/ PR as a consequence..its just not worth the risk. Holders of a RRP are considered to be physically present in Canada for purposes of meeting the residence requirement of the IRPA even if they are not in Canada. However RRP's ceased to be issued on 28 June 2002 and any issued before then are no longer valid after June 2004. Note that a Visa Officer at a Canadian Diplomatic Post has immense discretionary powers to consider you as having met the RR despite lengthy absences outside Canada on Humanitarian and Compassionate grounds especially if they involve your Canadian born kids - I assume this does not reflect your position. -------------------- ---audi alteram partem--- |
| Dip Member Member # 4428 | Posted February 27, 2004 04:48 PM Kaya, Extremely useful response. I hope Bella finds the discussion useful too, as hers is quite a similar case. Don't want to ever resort to dodgy means to obtain any status. Just not worth the risk. As I said before, I like Canada. nice country, good standard of living and what more - it only costs half or a third of what it costs to live in the UK. Probably a retirement option now I guess.....I have already incurred $10K in the entire Canadian PR process but there is too much at stake in the UK for me to consider any move there at least in the near future. Once again thanks and appreciate the detailed response, helps me save some flight costs. TGIF .....please have a pint or two of beer on me!!!! Regards |
| Kayalami Member Member # 5984 | Posted February 27, 2004 04:52 PM glad to help..will that be a molston then or perhaps a coors . Have a good weekend. -------------------- ---audi alteram partem--- |
| Cosmopol Member Member # 7165 | Posted February 27, 2004 05:28 PM I, too, find it quite educational and helpful, even though choosing among the alternatives is not imminent for me as yet... It's also a pleasure to be near knowledgeable, experienced, selflessly sharing individuals with a keen sense of humour So, here's a round of Bass Ale for everyone: And if you need any more, just ask... [ February 27, 2004: Message edited by: Cosmopol ] |
| Kayalami Member Member # 5984 | Posted February 27, 2004 05:51 PM Cos, Good to see you back and hope all is weel with you. You've caught us in the UK time zone filtering out of work and on our way home..I just wanna know how you got them glasses on your post..cool. If only my IT skills were on par with my imm law knowledge -------------------- ---audi alteram partem--- |
| Dip Member Member # 4428 | Posted February 27, 2004 05:53 PM Let me try \_/ front slash underscore backslash? |
| Dip Member Member # 4428 | Posted February 27, 2004 05:53 PM did work... have a nice weekend. |
| Kayalami Member Member # 5984 | Posted February 27, 2004 06:00 PM Dip, Thanks..will do. -------------------- ---audi alteram partem--- |
| Cosmopol Member Member # 7165 | Posted February 27, 2004 07:07 PM quote: You got it, Dip! Just kidding on Friday afternoon! Have a good weekend. |
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