Dear Masood and Friends

Please help me in finding about my Residency Status:

This is my situation:-

1) I landed in Canada in September 2000 and left Canada in 50 days time
(October 2000).

2) I took Returning Resident Permit in April 2001 which is valid Until May 2002.

3) I returned to Canada in May 2002. (before the expirty of my RRP)
AND I left canada in June 2003.

4) I am having PR card which is valid until January 2008.

4) Since June 2003, I am living in my home country.

5) I am planing to return Canada in May 2006.

My Questions are:-

(A) If I return to Canada in May 2006, Is my PR status
is fine (valid)?

(B) Can I count my RRP period (April 2001 to May 2002) as days
present in Canada when I calculate 2 out of 5 years rule?

RRP period = 13 months (April 2001 to May 2002)
+
Physical Presence = 13 month (May 2002 to June 2003)

Total = 26 months


Is above calculation is fine when calculating 2 years out of 5 years rule?


(C) Please clarify, what kind of problems I may face at port
of entry when I return in May 2006?


My Thanks in advance to you and Friends for giving your answers and spending your valuable time.

PMA.

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Knowledge is Power

i came in canada first in feb2002. till date i have stayed there only 130 days. recently i applied for travel document . i got the travel document which is valid upto first week of august 2005.but i think even if i leave for canada i will not be able to complete 2 years staying requirement in canada to fullfill residency obligations.
please advice

Hi Ptm,
No you can't meet the PR requirement if you return in August 2005.
Because you landed in Feb 2002 you need to spend 730 days by Feb2007.
Unfortunately you are running short by about 45 days ...if you could land by Mid June 2005 you could avoid any kind of conflict.
Anyway there is a humanitarian and compassionate ground but it's determined by CIC case by case basis.
Check out
http://www.settlement.org/sys/guides_detail.asp?faq_id=4000578#wha2
>>>>>>>>>>>>>
If you do not meet the residency obligation, you could be allowed to keep your permanent resident status if there are humanitarian and compassionate factors that relate to you.

The factors that CIC will consider in deciding whether or not there are humanitarian and compassionate reasons that justify keeping your status include:

the best interests of a child who will be affected by the decision,

how many of the required number of days you are missing,

the reason for your absence from Canada, for example, you or someone in your family was ill,

whether you were prevented by circumstances beyond your control from returning to Canada,

whether you returned to Canada as soon as you could,

whether you have resident status or citizen status in any other country,

to what extent you have established a home in Canada,

whether you have established a home in any other country, and

hardship to others, such as family members, who are permanent residents or Canadian citizens, if you lose your status.
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

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ani

hi ani,
thanks for ur detailed reply.
actually i landed in canada on26-2-2002 and so far
accumulated 133 days in canada. i wonder how
canadian high commission issued me travel document
valid upto 8-8-2005 when i am not able to fulfill 2 years
staying requirement there

When they issues the travel document?
If they issued it before June 2005 technically you could still make the 730 days benchmark by landing in June 2005.

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ani

hi ani,
they issued travel document on 9-5-2005 which is valid upto
8-8-2005.
i first landed on 26-2-2002 and accumulated 133 days so far.
please advise.

ptm

Hi ptm

If you landed on 26-2-2002, you have to complete 2years(730 days) of physical presence before 26-2-2007.

So, by calculation (735 days - 133 days = 597 days), you have to leave India sometime in mid of July to fulfill Residency requirement. Calculate yourself exact date.

Your Travel document is fine to travel to Canada.

Good Luck.

PMA.

Quote:

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Orginally posted by ptm

hi ani,
they issued travel document on 9-5-2005 which is valid upto
8-8-2005.
i first landed on 26-2-2002 and accumulated 133 days so far.
please advise.

ptm

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Knowledge is Power