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)?

 

[Nban]

friends, if I could respectfully activate this topic and ask everybody to think about it...

interesting discussion is found here, also referring initially to 28(2)(a)(v):
http://www.settlement.org/discuss/topic.asp?TOPIC_ID=10219

in a nutshell, the guys there were discussing whether work for international organization abroad would be counted towards residence requirement. Seems that the answer is not positive. Although they think that the immigration tribunal can help them, I don't believe since the law does not say so.