Canada Immigration and Visa Discussion Forum Homepage
Forum Home Forum Home > Canada Immigration Topics > Preserving Permanent Residence Status
  New Posts New Posts RSS Feed - a question about address history in form IMM5444
  FAQ FAQ  Forum Search   Events   Register Register  Login Login

a question about address history in form IMM5444

 Post Reply Post Reply
Author
Message
zz290 View Drop Down
Junior Member
Junior Member


Joined: 21 Aug 2010
Status: Offline
Points: 16
Post Options Post Options   Thanks (0) Thanks(0)   Quote zz290 Quote  Post ReplyReply Direct Link To This Post Topic: a question about address history in form IMM5444
    Posted: 28 Mar 2011 at 11:57pm
Hello guys,

I have a question about how to fill out Question 19-'address history for the past 5 years'-in application form IMM5444:

Basically I studied in the U.S in the first 4 years and came to visit my family during school breaks/vacations. So I am confused whether I should just list my residential address in Canada although I didn't stay here all the time for the past 5 years, OR, I should list all my addresses in the U.S when I studied there?

The application guide just says 'residential addresses' but I am confused...Can anyone help?

Thanks a lot!


Back to Top
dpenabill View Drop Down
Top Member
Top Member


Joined: 29 Nov 2009
Status: Offline
Points: 6407
Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 29 Mar 2011 at 1:18am
I would put down the same address that you gave anyone else as your residential address. If you had a drivers' license, that address (so long as it was really your address).

There is no need to fudge around with this. You have to list your attendance at school. (Item 20) You have to list the places you were staying while in the U.S. going to school. (Item 21) (Thus you cannot avoid the work of enumerating "all [your] address in the U.S. when [you] studied there" anyway.) Whether the addresses you list in items 19 and 21 are the same or not depends on where your "residence" was while you were at school. (I experienced both: I went to school for a few years but maintained my residence in the home of my parents; later I went to school and my residence was where I stayed each respective year, and yeah it changed from year to year as I moved around.)

Key is to be honest. Other key is that your time in Canada add up to 730 days. Sounds like you might be cutting it close. I strongly suggest staying honest and if you do not meet the 730 day threshold, wait, stay in Canada and wait to apply for the renewal of the PR card until you have indeed met the 730 days in Canada threshold.

Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration
Back to Top
zz290 View Drop Down
Junior Member
Junior Member


Joined: 21 Aug 2010
Status: Offline
Points: 16
Post Options Post Options   Thanks (0) Thanks(0)   Quote zz290 Quote  Post ReplyReply Direct Link To This Post Posted: 29 Mar 2011 at 5:39pm
Thanks a lot, dpenabil! I have been very honest with this and there is never any attention to hide anything (I know how serious the outcome would be if I presented any false information). My biggest problem is that I have stayed for 749 days but there is a 25-day vacation when I came back to Canada during Christmas time but no records were shown. Neither CSBA nor passport. Neither entry to Canada or entry to the U.S! This really concerns me as I know the burden is on me to prove that travel I made. Other than running the rick of applying with the proof of e-tickets (and maybe a cover letter to explain), I guess I can only wait---and the waiting time will be really long, maybe more than half a year coz for a long time in the first year I did not travel anywhere so the total days of absences would be the same...

As for item 19, I was concerned about whether I should list all the addresses in the U.S. ---month by month? coz every year I came back to my home in Canada at least twice, during school breaks (for instance, Mid Jan-May I stayed in U.S. while June-Aug. in Canada and then Sept.- Mid Dec. U.S. while Mid Dec - Mid Jan Canada...). That'll make it a real long list...On the other hand, item 20 and 21 are much easier...like item 20, although I stay in Canada now, I am still registered as a full-time student in the U.S. So the list is somehow short....Can anyone get what I am saying?
Back to Top
dpenabill View Drop Down
Top Member
Top Member


Joined: 29 Nov 2009
Status: Offline
Points: 6407
Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 30 Mar 2011 at 3:14am
There really is no need to overthink this. Just give what you used as your "address" for item 19, and be sure to enumerate the "long list" of places you stayed while abroad for item 21.

Longer version: Item 21 requires you to identify "your location during your absence" and it basically provides for a month to month accounting for this, so you have to list all your addresses (your "location") for all the time you were abroad anyway, simple as that, and if it is a long list, it is a long list (I had to account for four decades of addresses in my PR application, so I have an idea of how arduous the task of reconstructing addresses can be and how long the list can be).

So, again, you have to provide that information, that "long list" as you say, regardless of what you decide to provide for item 19.

For item 19, just be honest as to what you considered to be your "residence," that is, your residential address. As I say, it does not matter much one way or the other, so long as you give the address which you used as your residential address, whether that was for credit cards or drivers licenses, or bank accounts, or school records, or whatever, just the address that you gave other people, businesses, government entities, and so on, when you were asked for "your address."

Once a person establishes their residence at a certain place (as indicated by intention plus the factual circumstances, where the person lays their head at night being a big one), it is fairly easy, for most government purposes, to maintain their residence at that place even though they go away to other places and lay their head elsewhere on many or even most occasions, so long as they continue to intend that that original home remain their home address and so long as they continue to maintain sufficient ties to that address to show an in-fact maintaining of it as their residence. So a person's "intent" weighs a great deal in this, remembering, though, that intent is not just a matter of what a person says when asked, but may be a matter of what their actions and words at other times indicate ... as in if you tell people your address is at XYZ it will not work to later say you intended to maintain your address at JKL.

(On various occasions in my life I have maintained a home address, my "residence," at a particular location even though I was most often elsewhere; the entire time I was in the military, for example, being sent here and there and overseas and this place and that, I maintained my home address in one place . . . when it came time to apply for PR, I listed my home address and then added a supplemental page explaining and enumerating the various places I stayed or boarded or, later in my life, addresses that were secondary residences I used for extended periods of time ... but you do not need a supplemental page since item 21 specifically requires you to list all the places you stayed while abroad whether they were your residential address or not.)

Anyway, if, for example, the school you attended showed your "address" to be your home in Canada, that is a fairly strong indication you were maintaining your address at your Canadian home even though you were abroad. If, however, you gave the address of the place you were staying while attending school when you were asked for your address, that in contrast is a strong indicator that you were "residing" at those respective addresses while at school.

There really is no need to overthink this. What will matter is that you can identify the dates you were in Canada and that they add up to 730 days or more. If not, stay in Canada until they do (or not ... I mean it is up to you whether you really are making Canada your home or not, just that if not you cannot expect to maintain PR status).

To what extent you would be put to the proof, I do not know. I think it depends on the totality of your history and circumstances. If you accurately and precisely disclose the dates you were outside Canada, and still meet the 730 day threshold, it is my impression that it will go OK. Where PRs usually run into trouble regarding the residency obligation is when they are outside Canada without a currently valid PR card and thus must apply for a Travel Document to return to Canada, otherwise it is while attempting to enter Canada when it is apparent that the PR either has been absent for more than (or perhaps close to) 1095 days, or there is some other circumstance alerting the CBSA officer that a residency breach is likely. Some PRs with residency obligation issues have reported delays in the processing of their application for a renewed card, but as the cautionary tale I posted about in another thread illustrates, it is apparently not uncommon for a PR to obtain a renewed card even though in fact they have been in breach of the residency obligation.
Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration
Back to Top
zz290 View Drop Down
Junior Member
Junior Member


Joined: 21 Aug 2010
Status: Offline
Points: 16
Post Options Post Options   Thanks (0) Thanks(0)   Quote zz290 Quote  Post ReplyReply Direct Link To This Post Posted: 30 Mar 2011 at 1:21pm
Thanks so much dpenabill, for putting so much efforts in the reply to explain the situation and answer my question! They are so helpful! I think I totally get what u were saying now...Really appreciate it! :)
Back to Top
jogruni View Drop Down
Senior Member
Senior Member
Avatar

Joined: 14 Aug 2011
Location: BC
Status: Offline
Points: 393
Post Options Post Options   Thanks (0) Thanks(0)   Quote jogruni Quote  Post ReplyReply Direct Link To This Post Posted: 14 Aug 2011 at 5:53pm
Hi dpenabill,
I might be overthingking this too, but I am also a bit confused what to write in my situation in 19 and 21.

I have lived only at two different palces over the 5 year periode. One location was in Germany, where I own a house and have a residence for me and the other location is in Canada, where I own another house and have a residence too. I traveled back an forth between the two residences.

I would call both places my residence for the whole time, but I am not sure, if this is correct.

I need a separate sheet for the 21 anyway, so I will also add a comment to 19 explaining the situation.

It is just a bit confusing, because I kind of have two residences and there were times when I was just on vacation in Germany and I would still call my Canadian residence as my residence for that time, when otherwise I was in Germany for work purpose and for longer time, when I would call my German address my residence. And there were moments, when I was more on vacation in Canada and still call my German address my residence.

As I stated, I might be overthinking this, but I think I will list all the addresses on the additional page, and keep the residences in 19 and the times outside Canada in 21 syncronized, leaving no doubts, where I "resided" for the past 5 years.


Edited by jogruni - 14 Aug 2011 at 5:56pm
Back to Top
dpenabill View Drop Down
Top Member
Top Member


Joined: 29 Nov 2009
Status: Offline
Points: 6407
Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 15 Aug 2011 at 7:10am
I understand the issue.

Generally, although I do not know that there is any strict rule articulating this, a person can be a resident of only one place at a time.

Place of residence and place of domicile are not necessarily the same, but for most purposes they usually correspond to one another. Ordinarily once a person has established their domicile in one location, they are deemed to be domiciled at that location unless and until they establish domicile at another location.

But, in circumstances like yours, you need to assess your overall circumstances and determine, as best you can, what the most appropriate and honest answer would be. I do not know what that is. As a PR, I'd be inclined to know ahead of time and have made my decision as to these things while I was doing it, rather than trying to characterize it later. (A person has a substantial amount of control over choosing what place is their domicile or residence . . . subject, of course, to sufficiently factual considerations and relative to for-what-purposes (residency considerations loom large in tax obligations, licensing or registration requirements, voting rights, access to government services, among other things like fishing rights for residents versus non-residents, and so on), recognizing that residency for tax purposes may be based on certain specific criteria while residency for some other purpose (including immigration) may be based on other factors.

That sounds complicated. It usually is not that complicated. Though maintaining multiple places of abode, or residence, can make it more or less complicated.

I believe, though am not sure, that the key thing is to be sure to be up front about maintaining multiple places of residence and to be precise about how many days you were in Canada. A supplemental page explaining the circumstances in more detail, in conjunction with that, should suffice.

Again, I do not know how a person in your position should answer, but some possibilities:
If one stays in the respective locations was relatively extensive each time, one could list their "residence" to correspond to where they were physically living during that period, as in three months here, then five months there, then four months back here, and four months there, and so on.
If one paid taxes and carried licensing (such as a drivers license) in one place regardless of how long one stayed at each respective location, I'd be inclined to identify the place where one paid taxes and was licensed and so on, as the place of residence, and then identify the other as a secondary residence. (Even if this approach shows residence not in Canada, I do not think this is controlling, but rather actual presence is controlling . . . with the caveat, of course, that such a circumstance might induce CIC to conduct an interview or ask for more documentation.)
There are other variations.   
Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration
Back to Top
jogruni View Drop Down
Senior Member
Senior Member
Avatar

Joined: 14 Aug 2011
Location: BC
Status: Offline
Points: 393
Post Options Post Options   Thanks (0) Thanks(0)   Quote jogruni Quote  Post ReplyReply Direct Link To This Post Posted: 16 Aug 2011 at 1:11am
I added a separate sheet and created a long list of addresses. But for the last two years I consider my Canadian address as my residence and the last trips to Germay were just "vacations".


Edited by jogruni - 16 Aug 2011 at 1:12am
Back to Top
 Post Reply Post Reply
  Share Topic   

Forum Jump Forum Permissions View Drop Down