Hello Leon and my other Friends,
the following has been adopted from the website of an immigration company Called "Hansen and company" which stating that there has been a change in PR obligations. It has made me worried,especially the marked part. how can it be explained?
Regulation:
The Immigration and Refugee Protection Act (IRPA) establishes residency requirements and obligations with respect to each five-year period after the granting of permanent residency status. Pursuant to subsection 28(2), a permanent resident complies with the residency obligation provisions if, for at least 730 days in that five-year period
What has changed
These regulations are necessarily different from the current regulations because they support and complement residency obligation provisions that are substantively different from those in the current Immigration Act. The residency obligation in IRPA is based on a period of physical presence in Canada with provisions for prolonged absences from Canada (three years out of every five-year period for any reason). In certain circumstances permanent residents, including accompanying family members, are al-lowed even longer absences when they are employed abroad. Moreover, humanitarian and compassionate considerations, including the best interests of a child, will be taken into account in all residency obligation status determinations and, when justified, will overcome any breach of those obligations occurring prior to the determination.
By contrast, current legislation is based on a highly subjective principle of intent not to abandon Canada as the place of permanent residence. Currently, if a permanent resident is absent from Canada for more than six months in any 12-month period, he or she is deemed to have abandoned Canada unless he or she is able to satisfy an immigration officer that there was no intention to do so. Criteria for determining residency status are in the regulations. These contain exceptions allowing for longer absences if the per-son is employed by or representing a Canadian government body, corporation or business organization established in Canada; up-grading professional, academic or vocational qualifications; accompanying a family member who is a Canadian citizen; or has been issued a returning resident permit; or in other circumstances that an officer deems appropriate. The provisions are difficult to administer, create uncertainties about status and the standards that are to be met, and lead to inconsistencies in decision making.
look forward to hearing from you.
the following has been adopted from the website of an immigration company Called "Hansen and company" which stating that there has been a change in PR obligations. It has made me worried,especially the marked part. how can it be explained?
Regulation:
The Immigration and Refugee Protection Act (IRPA) establishes residency requirements and obligations with respect to each five-year period after the granting of permanent residency status. Pursuant to subsection 28(2), a permanent resident complies with the residency obligation provisions if, for at least 730 days in that five-year period
What has changed
These regulations are necessarily different from the current regulations because they support and complement residency obligation provisions that are substantively different from those in the current Immigration Act. The residency obligation in IRPA is based on a period of physical presence in Canada with provisions for prolonged absences from Canada (three years out of every five-year period for any reason). In certain circumstances permanent residents, including accompanying family members, are al-lowed even longer absences when they are employed abroad. Moreover, humanitarian and compassionate considerations, including the best interests of a child, will be taken into account in all residency obligation status determinations and, when justified, will overcome any breach of those obligations occurring prior to the determination.
By contrast, current legislation is based on a highly subjective principle of intent not to abandon Canada as the place of permanent residence. Currently, if a permanent resident is absent from Canada for more than six months in any 12-month period, he or she is deemed to have abandoned Canada unless he or she is able to satisfy an immigration officer that there was no intention to do so. Criteria for determining residency status are in the regulations. These contain exceptions allowing for longer absences if the per-son is employed by or representing a Canadian government body, corporation or business organization established in Canada; up-grading professional, academic or vocational qualifications; accompanying a family member who is a Canadian citizen; or has been issued a returning resident permit; or in other circumstances that an officer deems appropriate. The provisions are difficult to administer, create uncertainties about status and the standards that are to be met, and lead to inconsistencies in decision making.
look forward to hearing from you.
