Monday, April 9, 2012

Requirements for permanent residences in Canada

Before moving to Canada I always interested in how to obtain permanent resident status and what is the requirements. However, after moving the more actual topic became how to maintain your status here or outside. Below I have pasted extract from legal documents which explains in details how to keep your permanent resident status.

I read in one of the forums that it is possible to visit Canada when you are landing and visit again after 3 years to receive you citizenship. It was really interesting for me, how??? So if you look at "OPTION 2. Employment outside Canada"  which allows a permanent resident to keep his/her status if he/she is employed in Canadian company outside of Canada. However, please note that this company should not been created primarily for the purpose of to satisfy the residency status.

Most probably it will be useful information for current and prospective immigrants. Have a good luck and enjoy... Here is the extract:

Appendix A: Residency obligation

Minimum residency obligations

You must meet the residency obligation to obtain a Permanent Resident Card. The following table represents the minimum requirements.
  • If you have been a permanent resident for Five (5) years or more
    • you must have been physically present in Canada for a minimum of 730 days within the past five (5) years.
  • If you have been a permanent resident for less than five (5) years
    • you must show that you will be able to meet the minimum of 730 days physical presence in Canada at the five (5)-year mark.

Time spent outside of Canada

You may also count the days spent outside of Canada in the following circumstances as days for which you satisfy the residency obligation:
OPTION 1. Accompanying a Canadian citizen outside Canada
You may count each day that you accompanied a Canadian citizen outside Canada provided that the person you accompanied is your
  • spouse or common-law partner or
  • parent, if you are less than 22 years of age
Evidence that you are accompanying a Canadian citizen
You must provide supporting documents to prove that:
  • The person you are accompanying is a Canadian citizen; and
  • You are the spouse, common-law partner or child of that person.
Supporting documents may include:
  • marriage licence
  • child’s birth certificate, baptismal document, and/or adoption or guardianship document
  • school and/or employment records
  • association or club memberships
  • passports or other travel documents
  • documents indicating the status of the person you are accompanying
OPTION 2. Employment outside Canada
You may count each day you worked outside Canada provided that your employment meets the following criteria:
  • you are an employee of, or under contract to, a Canadian business or the public service of Canada or of a province and
  • you are assigned on a full-time basis to:
    • a position outside Canada
    • an affiliated enterprise outside Canada or
    • a client of the Canadian business or the public service outside Canada
For the purposes of this application, a Canadian business is defined as:
  • a corporation that is incorporated under the laws of Canada or of a province and that has an ongoing operation in Canada
  • an enterprise that has:
    1. an ongoing operation in Canada
    2. is capable of generating revenue
    3. is carried out in anticipation of profit
    4. in which a majority of voting or ownership interests is held by Canadian citizens, permanent residents, or Canadian businesses as defined aboveor
  • an organization or enterprise created by the laws of Canada or a province
Supporting documents:
You must enclose a letter of declaration signed by an official of the business that indicates:
  • the position and title of the signing official
  • the nature of the business and how it fits the description of a Canadian business (see definition above)
  • details of your assignment or contract outside Canada such as — duration of the assignment; confirmation that you are a full-time employee of the “Canadian business” working abroad on a full-time basis as a term of their employment, or you are on contract working on a full-time basis abroad as a term of their contract; and a description or copy of the position profile regarding the assignment or contract abroad
  • confirmation that the business has not been created primarily for the purpose of allowing you to satisfy your residency obligation
You may also include:
  • articles of incorporation and business licences
  • partnership agreements and / or corporate annual reports
  • corporate Canadian Income Tax Notices of Assessment and / or financial statements
  • copies of the Employee Assignment Agreement or Contract
  • copies of any agreements between the Canadian business and the business or client outside Canada concerning your assignment to that client or business
  • Pay Statement(s)
  • Canadian Income Tax Notice of Assessment
  • T4 slips
OPTION 3. Accompanying a permanent resident outside Canada
You may count each day you accompanied a permanent resident outside Canada provided that:
  • the person you accompanied is your spouse, common-law partner or parent (if you are a child under 22 years of age); and
  • he or she was employed on a full-time basis by a Canadian business or in the public service of Canada or of a province during the period you accompanied him or her.
Evidence that you are accompanying a permanent resident
You must provide supporting documents to prove that:
  • The person you are accompanying is a permanent resident
  • You are the spouse, common-law partner or child of that person and
  • The permanent resident you are accompanying meets his or her own residency obligation
Supporting documents may include:
  • marriage license
  • child’s birth certificate, baptismal document, and/or adoption or guardianship document
  • school and/or employment records
  • association or club memberships
  • passports or other travel documents
  • documents indicating that the person you are accompanying meets his or her own residency obligation

Humanitarian and compassionate grounds

If you are unable to meet the residency obligation, CIC will consider any compelling humanitarian and compassionate factors in your individual circumstances that may justify the retention of permanent resident status.
CIC will notify you if this additional assessment is required.

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