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For canadian permenant residenant: 1.What is the maximum…

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Answer 1

Answered in 3 hours by:

11/19/2013

Lawyer: Sokkalaw, Lawyer replied 9 years ago

Sokkalaw, Lawyer

Category: Canada Law

Satisfied Customers: 318

Experience: Lawyer in Ontario, Canada

Verified

Hello,

The answers to your questions are:

1. A PR can leave Canada as often as they wish. On entering Canada, they simply have to satisfy the visa officer that they kept their status as PR. The right is found in section 19(2) of the Immigration Act: http://canlii.ca/en/ca/laws/stat/sc-2001-c-27/latest/sc-2001-c-27.html To keep their status. a permanent resident must reside in Canada for 2 years for every five year period.;

2. If a PR works for a Canadian business outside of Canada, he may keep his PR status. Whether this will apply in a particular case as the one you describe, will require the opinion of an immigration lawyer (something which we cannot do here because we cannot give legal advice on this website).

3. No.

4. By sponsoring the child to become a permanent resident. Find more information here: http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-how.asp

Unfortunately, we are not allowed to call you. If you need to speak to a lawyer, you can use a Canadian law society's referral service. For example, in Ontario, you can use the Law Society of Upper Canada's referral service. More information here: http://www.lsuc.on.ca/faq.aspx?id=2147486372.

Hope that answers your questions. If so, please give me a positive rating.

All the best

Answer 2

Lawyer: Sokkalaw, Lawyer replied 9 years ago

Hello again,

Did you look at the link to the Immigration Act that I gave you above? Who told you that a Canadian resident needs to be in Canada every six months? Please let me have your source. Otherwise I simply have no idea what you are asking me.

With respect to no.2, for details, take a look at the link I gave you above. It has all the details on how to sponsor a child to be a PR. It is done through the embassy where the baby has citizenship. The baby can enter Canada temporarily with a visitor's visa if you want the baby to travel to Canada before the PR visa is issued.

Answer 3

Lawyer: Sokkalaw, Lawyer replied 9 years ago

Hello,

I have not heard back from you. I will be in meetings all day today but will reply to any further questions later tonight. As I do not know your source, I have no idea why they told you a resident has to return to Canada every six months. That is simply not true.

Perhaps you are still not convinced. . Take a look at section 19(2) of the Immigration Act, which I sent you above:
"An officer shall allow a permanent resident to enter Canada if satisfied following an examination on their entry that they have that status."

You have status if you have resided in Canada for two years out of the previous five.

Also take a look at the Governments website: http://www.cic.gc.ca/english/newcomers/about-pr.asp#keep_status:

"Your permanent resident status allows you to live in Canada, but there is also a time limit on how long you can live outside the country. To keep your status as a permanent resident, you must live in Canada for at least two years within a five-year period."

There is no requirement anywhere to return to Canada every six months.

With respect to the baby, let me know if you have any further questions.

I will respond to any further questions later tonight.

All the best

Answer 4

Lawyer: Debra, Lawyer replied 9 years ago

Debra, Lawyer

Category: Canada Law

Satisfied Customers: 148,332

Experience: Lawyer

Verified

Your first lawyer spent a lot of time on your question. It will take me too long to read all his answers so I am going to answer them myself and hope this satisfies you. But if you find my answers are the same as the first expert's then please rate his answer and not mine.

To maintain PR status the resident must be in Canada for a total of 730 in each 5 year period starting from the time PR status was granted.

It doesn't matter how many days are spent in Canada at one time and there is no 6 month rule for immigration purposes but that may affect your provincial health plan funding.

If you outside Canada but are accompanying a Canadian citizen spouse or if you are working for a Canadian employer then the days outside are counted as days inside Canada.

If a child is born to a Canadian citizen abroad that child is considered to be a Canadian citizen and proof of citizenship has to be applied for. Here is the information you will need:

http://www.cic.gc.ca/english/citizenship/proof.asp

But if the parent is a permanent resident and the child is born abroad the parent will have to sponsor the child for PR status.

In terms of your medical coverage, you have to be a resident for three months first and you must be in the province for at least 180 days in each calendar year.

If you are not living in Canada you cannot get child benefits.

If you have no ties with Canada because you are not actually living in Canada you don't have to file a tax return as if you are a resident.

I think I've answered your questions.

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