IRPA Section 28(2)(v) "other means of compliance" - WHAT'S THAT?

[Nban]

Friends,

For the second day I am unsuccessfully looking for these "other means of compliance", see here
http://laws.justice.gc.ca/en/ShowDoc/cs/I-2.5/bo-ga:s_7::bo-ga:l_1//en?page=3&isPrinting=false#codese:28

WHO KNOWS WHAT IS THAT?

Thank you.

[PMM]

Hi

Friends,

For the second day I am unsuccessfully looking for these "other means of compliance", see here
http://laws.justice.gc.ca/en/ShowDoc/cs/I-2.5/bo-ga:s_7::bo-ga:l_1//en?page=3&isPrinting=false#codese:28

WHO KNOWS WHAT IS THAT?

Thank you.

1.  From the Act

"  (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;"


2. "(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. "

3.  So if a permanent resident is accompany a PR spouse who is working for a Canadian company abroad, the Federal or Provincial Gov't.  they would maintain their PR status.

PMM

[Nban]

1.  From the Act

(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;"


2. "(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. "

3.  So if a permanent resident is accompany a PR spouse who is working for a Canadian company abroad, the Federal or Provincial Gov't.  they would maintain their PR status.

PMM

Sorry I cannot agree with your understanding.
Your point 2 refers to and clarifies subparagraph (iv).
Subparagraph (v) is a totally different rule which refers to OTHER means of compliance NOT listed in paras (i) - (iv). For that the Act refers to enigmatic "regulations" that I am looking for.

[PMM]

Hi

1.  From the Act

(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;"


2. "(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. "

3.  So if a permanent resident is accompany a PR spouse who is working for a Canadian company abroad, the Federal or Provincial Gov't.  they would maintain their PR status.

PMM

Sorry I cannot agree with your understanding.
Your point 2 refers to and clarifies subparagraph (iv).
Subparagraph (v) is a totally different rule which refers to OTHER means of compliance NOT listed in paras (i) - (iv). For that the Act refers to enigmatic "regulations" that I am looking for.

You wanted an opinion, I gave how I read it.  Suggest you consult with an Immigration lawyer if you wish to delve into it further.

PMM

[Nban]

Thanks PMM I appreciate it.

But look - did you not change your opinion after this discussion? You still think that this provision "(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." - refers to 28(a)(2)(v)?