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geniusmagic
Junior Member Joined: 21 Jun 2010 Status: Offline Points: 17 |
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dpenabill,
Thank you very much for your informative reply. Certainly helped me a lot. I am in the process of looking for an attorney and will update this forum in a few months to share the details about my upcoming entry to Canada. |
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geniusmagic
Junior Member Joined: 21 Jun 2010 Status: Offline Points: 17 |
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dpenabill,
On going through the link to the "Loss of permannet residence " Guide you posted , I came across something on Page 18, section 7.6 (pasted below). I am not sure how exactly to interpret this but does that mean time spend outside Canada living with a PR who is currently metting RO, is considered as 'in - Canada' for purpose of meeting RO ? 7.6. Accompanying a permanent resident outside Canada In accordance with R61(5), and in connection with A28(2)(a)(iv), a permanent resident complies with the residency obligation so long as the permanent resident they are accompanying is their spouse or common-law partner or parent, and that spouse or common-law partner or parent is in compliance with their residency obligation. Put another way, an accompanying permanent resident may count days of physical presence in Canada—while accompanying another permanent resident—only if the permanent resident they are accompanying meets the prescribed conditions as specified in A28(2)(a)(iv) and is in compliance with their own residency obligation. |
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dpenabill
Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407 |
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I have not seen any interpretation of this in the IAD or Federal Court decisions, and the primary conditional (partner/parent in compliance) is in turn dependent on the conditional structure of residency obligation compliance for PRs outside Canada, so to be frank I am NOT much familiar with how this is interpreted or applied. That said I would be wary of relying on this except in the most obvious situation for which it is probably meant to apply: -- PR who is living abroad with a parent or qualified partner who is, in turn, a Canadian PR who is employed full-time abroad by a qualified Canadian employer or the Canadian government (Federal or Provincial) To understand what the regulation means you have to look at the provision of the IRPA it cites; it states;
This is a link to page of IRPA including section 28 So, yes, if your partner was in compliance with the RO because she was abroad employed full time by a Canadian employer, the time you were accompanying your partner concurrent with that will count as time you were present in Canada. Did not get the impression this would apply to your circumstances however. However, I must emphasize again that I am not familiar with this provision, have seen no application of it in IAD or Federal Court, and as I have said above, you would be wise to consult with a qualified Canadian immigration lawyer. (Perhaps your partner could make an appointment to physically go to lawyer at a time and arranged such as you could be on a conference telephone call with them.) I suspect you were focused on the language in the manual that says:
Talk to a lawyer. |
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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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dpenabill
Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407 |
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I mangled this part a bit, where I said:
This is, I hope, more clear: If you were accompanying your partner while she was abroad employed full time by a qualified Canadian employer, and she was at that time in compliance with the RO, then yes, that time can count toward days you were present in Canada. Mostly, though, you should talk to a lawyer. |
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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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saurabhsharma
New Member Joined: 28 Mar 2012 Status: Offline Points: 1 |
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Dear Dpenabill,
You've often advised above talking to a lawyer. Could you please give me pointers how do I find a 'Good Lawyer'? Here is my case information: I applied for PR, entered in Canada on April 17, 2009 and came back to US on April 19, 2009. Stayed there for only 2 days. I was planning to return to Canada to stay there for long in 2010; but I was diagnosed with a malignant Cancer. I decided to get my surgery done in John Hopkins hospital in US, and thereafter I've been taking post-surgery treatments. It's been almost 3 years I've not entered Canada. I've another tests/treatments scheduled through October this year. And I hope to return to Canada by end of November this year. Obviously, I'm running short of Residency Obligation and thus running into risk of being inadmissible to Canada. My PR card expires in May 2014. I want to contact a "Good Lawyer" who can help me make appropriate documentation to present my case to Port of Entry / Immigration officer when I enter into Canada in Nov 2012, based on H & C grounds. Thank you for your detailed advice!
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dpenabill
Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407 |
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To find a Canadian immigration lawyer:
You can go to the CanLII site and search for "immigration residency permanent" and the name of a big Canadian city, say Toronto or Ottawa or Vancouver, wherever you are closest to, and in the cases you get in the search results look toward the lower left corner and you will see the names of solicitors there. These are obviously solicitors actually practicing law in the immigration field. You can add the name of a solicitor you see to get just results showing cases in which that solicitor represented someone. See what you like, use typical internet search engine to look up contact and other information. |
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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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