Going home for the Holidays – planes, trains and buses

Going home for the Holidays – planes, trains and buses

Canadian Immigration News and Views

As we come upon the holiday season many are making plans to return home to be with family. This is a joyous occasion that everyone looks forward to. For some this means leaving Canada while for others this may mean coming back to Canada. That joy may turn to something completely different that is sure to spoil the holiday spirit if you are not careful of the residence requirements.

Permanent residents of Canada are required to by physically present in Canada for two out of every five year period in order to retain the permanent resident status. For some who decided to leave Canada for longer than the required period, returning to Canada will be significantly more complicated and moreover, they may find that they have lost their permanent resident status.

A permanent resident who remains out of Canada for more than three years may find it difficult to return to Canada. Once you arrive, you may find yourself explaining to an officer why exactly you were out and may find your permanent resident status being taken away from you.

Since 2003 permanent residents are required to have a Permanent Resident Card as a proof of status document when they seek re-entry to Canada using a commercial carrier. (e.g. Planes, trains, buses and boats. Does anyone still travel by boat? That may be another article.)

Those who have been out of Canada for so long that their Permanent Resident Card has expired, or who never got a card, may find it difficult to even get to Canada. Some will try to go to the Canadian Embassy or visa post to renew the card or to obtain a travel permit only to discover that the officer overseas decides you are not longer a permanent resident. Be forewarned. You cannot renew a Permanent Resident Card overseas.

Not all is lost. If you find yourself in such difficulty take some comfort in knowing that you have a right to an appeal of the decision to remove your permanent resident status.

The appeal is to the Immigration and Refugee Board in Canada where a member of the board will determine whether in light of all the circumstances you should or should not remain a permanent resident. It may very well be that given your circumstances that you should keep your permanent residence status. It may be that you can even come to Canada to attend the hearing.

I was reminded the other day that we are approaching an interesting time. Permanent Resident Cards became mandatory in 2003. Many newcomers were issued cards and subsequently left Canada to finalize their affairs overseas, complete work projects, study, continue their careers and businesses in more lucrative markets, and just for any number of reasons. These people are now coming close to a crucial time.

Some of these people are closing in on being outside Canada for three years and must now decide whether they intend to return to Canada to stay for at least two years (or the balance that they need) or whether they will stay out and risk losing their status.

Some of these people have already been out for three years and now must make a choice as to whether they intend to come back to Canada to establish or perhaps rejoin their family they dropped off. These people need to consider their next steps very carefully for once they return it is likely an officer will determine that they have not met the residency requirement.

A plan is necessary right from now until after your arrival in Canada. The plan should include consideration given to why you were out, why you want to come in, whether you are going to stay in and make Canada your home, what establishment is in/out of Canada and a host of other tidbits.
Take a look at your Permanent Resident Card. Have you passed the three year outside Canada point of no return? Do you intend to come back to Canada to make Canada your home? Start planning now. You may still be able to have a happy holiday.

Have a question? Send them to Berto Volpentesta or to the editor.

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Berto Volpentesta of Cannex Immigration Specialists has been a practicing consultant in Toronto since 1991 and is a Member, Director and (past) Secretary of the Canadian Association of Professional Immigration Consultants and a Member of the Canadian Society of Immigration Consultants. You can reach him at: (416) 398 8882 or (416) 787 0612 or by email at berto@ canneximmigration .com and on the web at www.canneximmigration.com