Mr Masood
I need some clarification on my situation for satisfying the 2 yrs/ 730 days obligation for maintaining my PR status.
I first landed in Canada on Jan 30 2002. I worked there for a year(precisely 14 months) and then came to US on H1 visa. At present still working in USA.
But even after coming to US I had my canadian bank accounts active and still maintain a balance of C$ 20-25000 in them. For 6 months after coming here the apt rental lease was in my name and paid rent for the apt. I have the lease and rent checks to prove this.
I just want to know if with all this proof can I claim that I have maintained ties with Canada with an intention of returning for good and can I count the 6 months( when I was not physically present there) towards the 730 days obligation for PR. For all this time my wife(also a PR) was with me in US and I’ve been working for a US employer.
Due to some problems I cannot come to Canada before June 2006.
If they do not allow me to enter Canada saying I wont be able to satisfy the 730 days rule by Jan 30 2007(5 years since I first entered) can I reappeal their decision of PR or what would be my other options?
Thank you
Dreamz2005
This is real life scenerio for many of us who are working on H1B in USA. Thanks Dreamz2005 for posting this in CD.
Mr Massod we all are waiting for your feedback.
Thanks..
Location: Vancouver, BC, Canada
Posted on: 09-10-05 13:51:34
In your scenario, there's no question: you need 730 days of physical presence in Canada. Maintaining accounts, apartments etc will only help you in an appeal after you have been determined to have lost your PR but is one of several factors.
From recent cases I've been doing, the judges look at:
- your reasons for leaving Canada
- reasons for not returning sooner
- what ties do you have to Canada? [you seem to have some]
- what are the consequences of NOT restoring your PR?
- is a child of the family affected by the judges decision?
- any hardship to you or your family if you lose the appeal?
- Did you have a genuine intention of returning to Canada or are just coming back now because you have no other option in USA?
You can also see http://www.askmassood.com/2005-05-15-16/
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Massood Joomratty, LLB(Hons), LLM
http://www.passportcanada.com" target="_blank">Your Canadian Immigration Lawyer
http://www.joomratty.com" rel="nofollow">LINK
+1-604-590-0607
Thanks Mr Massood...your reply is appriciated. You have cleared my doubts and now I feel I can face the immigration officer confidently.
