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Harsh
Charter Member
18-Oct-00, 06:49 PM (EST)
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"Is it not possible to plan short stay in first landing ?"
 
   Pls advice:

- If the intention is to move permanently
- but landing is done before the expiry of the papers
- with intention to return in a weeks time
- and finally return back after winding up activities back home
- so that the entry is recorded before the expiry of papers
- and more time is availabe to move permanently

It may not be possible to prove that move is permanent (since the person would be holding job in the home country.

Will this jeopardise ability to land ?


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  Subject     Author     Message Date     ID  
Is it not possible to plan short stay in first lan... [View All] Harsh 18-Oct-00 TOP
  RE: Is it not possible to plan short stay in first... dcohenadmin 18-Oct-00 1
     RE: Is it not possible to plan short stay in first... Covyone 11-Jun-01 7
         RE: Is it not possible to plan short stay in first... dcohenadmin 19-Jun-01 8
     RE: Is it not possible to plan short stay in first... harsh 09-Jan-01 6
     RE: Is it not possible to plan short stay in first... harsh 07-Jan-01 5
     RE: Is it not possible to plan short stay in first... Carolynmoderator 19-Nov-00 2
         RE: Is it not possible to plan short stay in first... edfer 18-Dec-00 3
             RE: Is it not possible to plan short stay in first... Carolynmoderator 05-Jan-01 4

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dcohenadmin
Charter Member
1936 posts
18-Oct-00, 08:05 PM (EST)
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1. "RE: Is it not possible to plan short stay in first landing ?"
In response to message #0
 
   Doing as you have stated above has not historically been problematic. There have been recent policies, however, which appear to be tightening up the requirements for those landing, especially from the USA. This is part of the Immigration Department's generalized perception that there are those seeking permanent status in both the USA and Canada, which is not barred, but who may be seeking to "double dip" into the priveleges associated with each.

At the time of landing, it should be apparent that you are moving to Canada permanently. As such, you should be in possession of sufficient belongings and assets for this purpose. If it appears that you are landing, then leaving for a substnatial period of time, your landing may be barred.

You may be asked questions such as the following to determine if it is your intention to relocate permanently to Canada:

1. Have you terminated your employment in the country from which youare coming?

2. Have you sought a position in Canada? Have you found a position in Canada?

3. Have you arranged lodging in Canada?

The amount of assets and belongings in your possession may also be used as an indication of your intention to move to Canada.
________
Campbell,Cohen - attorneys at law
info@canadavisa.com
tel: (514)937-9445; fax: (514)937-2618
http://www.canadavisa.com


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Covyone
Charter Member
11-Jun-01, 07:35 PM (EST)
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7. "RE: Is it not possible to plan short stay in first landing ?"
In response to message #1
 
   I am going up to land this Tuesday. I was alarmed when I saw this discussion, because I seem to match the "tightening up requirements" description here -- i.e., I'm a US citizen, going up for only next week, returning the following Tuesday. However, I'm going up next week so that can find a place to live, and then coming back, spending July packing up my stuff, and driving back up the coast with a U-Haul.

Am I going to have a hard time landing? It's important that I do, because the job I've secured in Canada won't start letting me work or paying me until I've actually landed. I do have a copy of the contract they've offered me. Will that help me when I go up to land?

Thanks.

By the way, I signed on here looking for information about the actual process of landing -- how long it will take me, how many people will be interviewing/talking to me, that sort of thing. Someone's coming up with me next week, and I don't know whether to tell her to go on ahead to the friend's that we're staying at, or if they should both hang out at the airport for me.


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dcohenadmin
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1936 posts
19-Jun-01, 07:45 PM (EST)
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8. "RE: Is it not possible to plan short stay in first landing ?"
In response to message #7
 
   As long as you can clearly demonstrate that you are relocating permanently. In our experience, difficulties have arisen only when there has been evidence that suggests that the individual does not intend to relocate permanently within a reasonable time frame.

There was a very helpful posting on the landing experience, posted recently in the Immigration forum, that you may want to read. The process is otherwise fairly quick in most cases.
________
Campbell,Cohen - attorneys at law
info@canadavisa.com
tel: (514)937-9445; fax: (514)937-2618
http://www.canadavisa.com


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harsh
Charter Member
09-Jan-01, 09:33 PM (EST)
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6. "RE: Is it not possible to plan short stay in first landing ?"
In response to message #1
 
   THANK YOU FOR YOUR REPLY.

YOUR REPLY SEEM TO INDICATE THAT THERE WOULD BE PROBLEMS IN TERMS LANDING IF THE INTENTION IS TO BE A SHORT
TRIP. HOWEVER IF THERE HAS NOT BEEN PROBLEM IN LANDING AND THE PERSON HAS ACTUALLY LANDED AND RETURNED BACK
TO HIS HOME COUNTRY AFTER A SHORT STAY, DO YOU THINK THERE COULD BE PROBLEM IN HIS LANDING NOW WHEN HE IS
WANTING TO GO FOR GOOD (AFTER HAVING WOUND HIS WORK/HOME)IN THE HOME COUNTRY.

WILL IT NOT SUFFICE TO SHOW THAT BETWEEN THE DATE OF HIS LAST LEAVING CANADA AND HIS RETURN TO CANADA, HE HAS
STAYED OUT OF CANADA FOR A PERIOD SHORTER THAN 183 DAYS. ?

WILL IT NOT SUFFICE THAT HE HAS MAINTAINED A BALANCE IN THE BANK ACCOUNT IN CANADA TO FUND HIS FUTURE STAY IN
CANADA. ?

DOES HE NECESSARILY NEED TO SHOW THAT HE IS HOLDING A JOB IN CANADA TO RETURN TO CANADA ?

DOES HE NEED TO CARRY A PROOF THAT HE HAS SEVERED HIS JOB IN HIS HOME COUNTRY. ?

DOES HE NEED TO DEMOSTRATE THAT HE HAS A PLACE TO STAY IN CANADA ? HE WOULD NOT HAVE A PLACE TO STAY BECAUSE
THE SHORT STAY WOULD NOT HAVE BEEN IN HIS HOUSE. HE/SHE NEED TO NOW FIX HOUSE FOR STAY , NOW THAT HE IS
MOVING PERMANENTLY INTO CANADA ?

IT JUST HAPPENED THAT HE HAD LANDED FIRST FOR THE SHORT STAY IN CANADA VIA US. HE IS NOT BASED IN US NOR HOLDS
A JOB IN THE US. HE IS A CITIZEN OF ANOTHER COUNTRY

PLEASE ADVICE.


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harsh
Charter Member
07-Jan-01, 08:08 PM (EST)
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5. "RE: Is it not possible to plan short stay in first landing ?"
In response to message #1
 
   THANK YOU FOR YOUR REPLY.

YOUR REPLY SEEM TO INDICATE THAT THERE WOULD BE PROBLEMS IN TERMS LANDING IF THE INTENTION IS TO BE A SHORT TRIP. HOWEVER IF THERE HAS NOT BEEN PROBLEM IN LANDING AND THE PERSON HAS ACTUALLY LANDED AND RETURNED BACK TO HIS HOME COUNTRY AFTER A SHORT STAY, DO YOU THINK THERE COULD BE PROBLEM IN HIS LANDING NOW WHEN HE IS WANTING TO GO FOR GOOD (AFTER HAVING WOUND HIS WORK/HOME)IN THE HOME COUNTRY.

WILL IT NOT SUFFICE TO SHOW THAT BETWEEN THE DATE OF HIS LAST LEAVING CANADA AND HIS RETURN TO CANADA, HE HAS STAYED OUT OF CANADA FOR A PERIOD SHORTER THAN 183 DAYS. ?

WILL IT NOT SUFFICE THAT HE HAS MAINTAINED A BALANCE IN THE BANK ACCOUNT IN CANADA TO FUND HIS FUTURE STAY IN CANADA. ?

DOES HE NECESSARILY NEED TO SHOW THAT HE IS HOLDING A JOB IN CANADA TO RETURN TO CANADA ?

DOES HE NEED TO CARRY A PROOF THAT HE HAS SEVERED HIS JOB IN HIS HOME COUNTRY. ?

DOES HE NEED TO DEMOSTRATE THAT HE HAS A PLACE TO STAY IN CANADA ? HE WOULD NOT HAVE A PLACE TO STAY BECAUSE THE SHORT STAY WOULD NOT HAVE BEEN IN HIS HOUSE. HE/SHE NEED TO NOW FIX HOUSE FOR STAY , NOW THAT HE IS MOVING PERMANENTLY INTO CANADA ?

IT JUST HAPPENED THAT HE HAD LANDED FIRST FOR THE SHORT STAY IN CANADA VIA US. HE IS NOT BASED IN US NOR HOLDS A JOB IN THE US. HE IS A CITIZEN OF ANOTHER COUNTRY

PLEASE ADVICE.

>Doing as you have stated above
>has not historically been problematic.
>There have been recent policies,
>however, which appear to be
>tightening up the requirements for
>those landing, especially from the
>USA. This is part of
>the Immigration Department's generalized perception
>that there are those seeking
>permanent status in both the
>USA and Canada, which is
>not barred, but who may
>be seeking to "double dip"
>into the priveleges associated with
>each.
>
>At the time of landing, it
>should be apparent that you
>are moving to Canada permanently.
>As such, you should be
>in possession of sufficient belongings
>and assets for this purpose.
>If it appears that you
>are landing, then leaving for
>a substnatial period of time,
>your landing may be barred.
>
>
>You may be asked questions such
>as the following to determine
>if it is your intention
>to relocate permanently to Canada:
>
>
>1. Have you terminated your employment
>in the country from which
>youare coming?
>
>2. Have you sought a position
>in Canada? Have you found
>a position in Canada?
>
>3. Have you arranged lodging in
>Canada?
>
>The amount of assets and belongings
>in your possession may also
>be used as an indication
>of your intention to move
>to Canada.
>________
>Campbell,Cohen - attorneys at law
>info@canadavisa.com
>tel: (514)937-9445; fax: (514)937-2618
>http://www.canadavisa.com



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Carolynmoderator
Charter Member
19-Nov-00, 01:49 AM (EST)
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2. "RE: Is it not possible to plan short stay in first landing ?"
In response to message #1
 
   Remember also that Canadian Landed Immigrants are required to pay tax on their world wide income. If you pay your taxes the Canadian government is much more likely to believe that you really intend to stay here :-)

Canada - the best move a person can make.
Carolyn


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edfer
Charter Member
18-Dec-00, 10:06 PM (EST)
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3. "RE: Is it not possible to plan short stay in first landing ?"
In response to message #2
 
   Dear Carolyn I do appreciate your comments for new immigrants, but there is a question regarding this subject...If we sell a car or a house in our country with intention to buy another one in Canada, are we charged for the transaction ?
And even when newly arrived, without a job placement so far, are we taxed in Canada?

With thanxs ! Very keen on hearing from you !
The very best of Christmas time and a joyful New Year for you all folks !


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Carolynmoderator
Charter Member
05-Jan-01, 03:09 AM (EST)
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4. "RE: Is it not possible to plan short stay in first landing ?"
In response to message #3
 
   You will not have to pay Canadian taxes on money you bring in to the country when you land so if you sell your house or car in your home country you can transfer the monies here with no problem. However you may still be subject to capital gains taxes on profits made in your own country. I would recommend getting an accountant to help sort it all out.

Canada - the best move a person can make.
Carolyn


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