RESIDENCY OBLIGATIONS

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Subject: RESIDENCY OBLIGATIONS
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I´ve decided to post this due to the many questions on this foum regarding Residency Obligations. IRPA SECTION 28

Please note that residency is based on 730 (DAYS) of residency in any five year period. Of course 730 (DAYS) equates to two years 365+365=730 but it is 730 DAYS and not two years!!!

Why so many questions on residency? The issue could be why do people buy things they don´t want and return them shortly after? The current FSW processing times can be a cause. Someone applies and they think the grass is greener in Canada and just before they are to become PR´s of Canada they land their dream position, or........

Proving one is PHYSICALLY PRESENT in Canada is not that simple! Some devious people create all kinds of bills to show they are in Canada. Since one can pay these bills by debit cards having a cable bill, phone bill etc. in my opinion proves little but could go a long way to establish residency with certain CBSA officers. Showing deposits and withdrawls from a bank account proves little either. Devious people could have others to do those deposits and bill payments

Being in Jail is the only real way to prove you are PHYSICALLY PRESENT in Canada because anyone can check themselves out of a hospital or other facility. Being in Jail after a finding of guilt can also draw the wrong attention to any PR.

SO CAN YOU START UP YOUR OWN BUSINESS AND EMPLOY YOURSELF ON A FULL TIME BASIS TO GET AROUND THE IRPA AND THE REGULATIONS? YES AND NO!

REGULATION 61

You have to pay taxes and if you have created the business soley to avoid the residency obligations subsection (2) clearly adresses that issue. Pay your company and personal income taxes and all should be fine.

PLEASE UNDERSTAND THAT I AM ONLY PROVIDING THE CORRECT INFORMATION YOU HAVE TO LIVE WITH YOUR OWN ACTIONS---BEHAVE!

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.

IRPR
Division 2
Residency Obligation
Canadian business
61. (1) Subject to subsection (2), for the purposes of subparagraphs 28(2)(a)(iii) and (iv) of the Act and of this section, a Canadian business is
(a) a corporation that is incorporated under the laws of Canada or of a province and that has an ongoing operation in Canada;
(b) an enterprise, other than a corporation described in paragraph (a), that has an ongoing operation in Canada and
(i) that is capable of generating revenue and is carried on in anticipation of profit, and
(ii) in which a majority of voting or ownership interests is held by Canadian citizens, permanent residents, or Canadian businesses as defined in this subsection; or
(c) an organization or enterprise created by the laws of Canada or a province.

Exclusion
(2) For greater certainty, a Canadian business does not include a business that serves primarily to allow a permanent resident to comply with their residency obligation while residing outside Canada.

Employment outside Canada
(3) For the purposes of subparagraphs 28(2)(a)(iii) and (iv) of the Act, the expression "employed on a full-time basis by a Canadian business or in the public service of Canada or of a province" means, in relation to a permanent resident, that the permanent resident is an employee of, or under contract to provide services to, a Canadian business or the public service of Canada or of a province, and is assigned on a full-time basis as a term of the employment or contract to
(a) a position outside Canada;
(b) an affiliated enterprise outside Canada; or
(c) a client of the Canadian business or the public service outside Canada.

Accompanying outside Canada
(4) For the purposes of subparagraphs 28(2)(a)(ii) and (iv) of the Act and this section, a permanent resident is accompanying outside Canada a Canadian citizen or another permanent resident ? who is their spouse or common-law partner or, in the case of a child, their parent ? on each day that the permanent resident is ordinarily residing with the Canadian citizen or the other permanent resident.

Compliance
(5) For the purposes of subparagraph 28(2)(a)(iv) of the Act, a permanent resident complies with the residency obligation as long as the permanent resident they are accompanying complies with their residency obligation.

Child
(6) For the purposes of subparagraphs 28(2)(a)(ii) and (iv) of the Act, a child means a child of a parent referred to in those subparagraphs, who is not and has never been a spouse or common-law partner and is less than 22 years of age.
Calculation ? residency obligation
62. (1) Subject to subsection (2), the calculation of days under paragraph 28(2)(a) of the Act in respect of a permanent resident does not include any day after
(a) a report is prepared under subsection 44(1) of the Act on the ground that the permanent resident has failed to comply with the residency obligation; or
(b) a decision is made outside of Canada that the permanent resident has failed to comply with the residency obligation.

Roy
www.cvimmigration.com

[04-12-2007,22:36]
[**.15.48.19]
Roy
(in reply to: RESIDENCY OBLIGATIONS)
Hi Roy,

Thanks for this. It is very helpful.

Ray

[06-12-2007,19:21]
[**.136.210.84]
Ray
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