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What will Happen?

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mtllog View Drop Down
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    Posted: 17 Aug 2010 at 10:40am
dpenabill
 
Yep , some people on the south of the border believe that Canada is a part of USA .
 
Rec'd -Nov 18, 2009/ Ecas-Apr 07/ Letter-Mar 26, 2010, /in process Sep 30 2010 /Transfer - Dec 14 2010 /Test-Feb. 1 2011/ Oath-May 11 2011/
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Post Options Post Options   Thanks (0) Thanks(0)   Quote mtllog Quote  Post ReplyReply Direct Link To This Post Posted: 17 Aug 2010 at 10:34am
mbcpa1
 
There are not any special rules for H1B holders .
You could keep your Canadian PR status working in the US ( or any other country ) and being out of Canada for longer than 720 days if you qualify for following :

OPTION 2. Employment outside Canada

You may count each day you worked outside Canada provided that your employment meets the following criteria:

  • you are an employee of, or under contract to, a Canadian business or the public service of Canada or of a province and
  • you are assigned on a full-time basis to:
    • a position outside Canada
    • an affiliated enterprise outside Canada or
    • a client of the Canadian business or the public service outside Canada

For the purposes of this application, a Canadian business is defined as:

  • a corporation that is incorporated under the laws of Canada or of a province and that has an ongoing operation in Canada
  • an enterprise that has:
    1. an ongoing operation in Canada
    2. is capable of generating revenue
    3. is carried out in anticipation of profit
    4. in which a majority of voting or ownership interests is held by Canadian citizens, permanent residents, or Canadian businesses as defined above or
  • an organization or enterprise created by the laws of Canada or a province

Supporting documents:

You must enclose a letter of declaration signed by an official of the business that indicates:

  • the position and title of the signing official
  • the nature of the business and how it fits the description of a Canadian business (see definition above)
  • details of your assignment or contract outside Canada such as — duration of the assignment; confirmation that you are a full-time employee of the “Canadian business” working abroad on a full-time basis as a term of their employment, or you are on contract working on a full-time basis abroad as a term of their contract; and a description or copy of the position profile regarding the assignment or contract abroad
  • confirmation that the business has not been created primarily for the purpose of allowing you to satisfy your residency obligation

You may also include:

  • articles of incorporation and business licences
  • partnership agreements and / or corporate annual reports
  • corporate Canadian Income Tax Notices of Assessment and / or financial statements
  • copies of the Employee Assignment Agreement or Contract
  • copies of any agreements between the Canadian business and the business or client outside Canada concerning your assignment to that client or business
  • Pay Statement(s)
  • Canadian Income Tax Notice of Assessment
  • T4 slips

OPTION 3. Accompanying a permanent resident outside Canada

You may count each day you accompanied a permanent resident outside Canada provided that:

  • the person you accompanied is your spouse, common-law partner or parent (if you are a child under 22 years of age); and
  • he or she was employed on a full-time basis by a Canadian business or in the public service of Canada or of a province during the period you accompanied him or her.

Evidence that you are accompanying a permanent resident
You must provide supporting documents to prove that:

  • The person you are accompanying is a permanent resident
  • You are the spouse, common-law partner or child of that person and
  • The permanent resident you are accompanying meets his or her own residency obligation

Supporting documents may include:

  • marriage license
  • child’s birth certificate, baptismal document, and/or adoption or guardianship document
  • school and/or employment records
  • association or club memberships
  • passports or other travel documents
  • documents indicating that the person you are accompanying meets his or her own residency obligation

source : http://www.cic.gc.ca/english/information/applications/guides/5445EA.asp

When you will apply under this condition you will be under  greater scrutiny as well as your employer .
 
Please notice , that I am not a lawyer and this is not a legal advice . Contact a qualified immigration attorney and do not trust any H1b/NAFTA rumors .


Edited by mtllog - 17 Aug 2010 at 11:09am
Rec'd -Nov 18, 2009/ Ecas-Apr 07/ Letter-Mar 26, 2010, /in process Sep 30 2010 /Transfer - Dec 14 2010 /Test-Feb. 1 2011/ Oath-May 11 2011/
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 17 Aug 2010 at 9:46am
Eligibility for work permits or other status are, of course, not relevant to calculating meeting residency requirements. Going in either direction.

I really was curious why you thought there was a possibility otherwise. I know of no countries that give immigrants any kind of reciprocal credit for such things as residency calculations. On the other hand, I know many Americans who do not quite grasp that Canada is not part of the U.S., that Canada really is a separate, independent sovereign country. I was wondering if that impression has spread beyond the American States.
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
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Post Options Post Options   Thanks (0) Thanks(0)   Quote mbcpa1 Quote  Post ReplyReply Direct Link To This Post Posted: 17 Aug 2010 at 8:09am
Thank you again dpenabill for your detailed reply, regarding getting a job in the states issue, of course I know that getting a job in any other country will not give me any good for immigration matter! I asked this question because I heard about some rule between USA & Canada about H1B visa, and I was asking to clarify, that's all!
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 17 Aug 2010 at 6:52am
The underlying requirements for maintaining PR status in Canada have changed. Currently the requirement is, quite simply, be in Canada for 730 days out of five years or meet, for a total number of 730 days, other ways of satisfying the "in Canada" requirement, which it appears none of which will apply to you.

In other words, to maintain PR status, you will simply need to be physically present in Canada for 730 days out of the first five years following your landing, and then for 730 days for any given five year time span after that.

Not too long ago, maintaining PR status was based on an intent to maintain one's permanent residence in Canada. You'd fail that test big time, since you will not be in a position to even establish your residence in Canada. While this is no longer the test, for many of the tens of thousands who strive to become Canadian PRs every year, the idea that one of the seats on the bus (so to say) is being taken by someone who has no immediate plans or intent to establish residence in Canada, may rub them the wrong way. Their sentiments are understandable.

In the meantime: being in the U.S. will not in any way qualify as being in Canada for, well, any immigration related matter. No more than being in Thailand, Russia, Nigeria, Poland, or the Sudan would. (I'm a bit curious why you thought it might. Really. Did you think obtaining a job in New Zealand and working there might possibly count toward satisfying the Canadian PR residency requirement?)


Edited by dpenabill - 17 Aug 2010 at 6:54am
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
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Post Options Post Options   Thanks (0) Thanks(0)   Quote mbcpa1 Quote  Post ReplyReply Direct Link To This Post Posted: 17 Aug 2010 at 6:14am
Thank you Briony for your kind comment.Big smile
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Briony Quote  Post ReplyReply Direct Link To This Post Posted: 17 Aug 2010 at 5:59am
Whatever you do, just be careful not to endanger your permanent residency in any way...that's my 2 cents regarding your problem...

Edited by Briony - 25 Aug 2010 at 9:54am
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Post Options Post Options   Thanks (0) Thanks(0)   Quote ravindr Quote  Post ReplyReply Direct Link To This Post Posted: 16 Aug 2010 at 2:39am
hi sir,
yes you  will have that right's becoz you have a dual citizenship  so that's your wish
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Post Options Post Options   Thanks (0) Thanks(0)   Quote mbcpa1 Quote  Post ReplyReply Direct Link To This Post Posted: 15 Aug 2010 at 7:06am
Thank you for your reply.Wink
But I do not understand why you are accusing me that I am trying to cheat the Canadian system!! It's a major shift in my life and I want to make smoothly as much as possible.
If I want to cheat then how I am keeping my family in Canada for good? If I can find a good job in Canada like my job now, then diffidently I will quit my present job.
So do not consider any newcomer who want to arrange his new life as a cheater or a courier!

Again thank you for your understanding.Wink
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Post Options Post Options   Thanks (0) Thanks(0)   Quote ecs Quote  Post ReplyReply Direct Link To This Post Posted: 01 Aug 2010 at 10:23am
- I have another question: my company is opening a branch in USA and if this help my Canadian status I will move to that branch, what if I got H1B visa in the states, will my stay in the USA considered as staying in Canada for PR status and citizenship?

ABsolutely not. You will have to physically stay in Canada to maintain your PR. Unless your "good job" let you move to Canada and then you can apply for citizenship after 3 years like a whole of people who try to cheat the immigration system in Canada.
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