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The Canadian immigration system provides you with a lot of
flexibility in your planning once you are approved for permanent
residence in Canada.
After your application is approved, you will usually have one
year calculated from the date of your first medical or up until
the final validity date of your passport if that comes before
the end of the one-year period, to take up residence in Canada.
This allows you time to tie up your affairs in South Africa
and get organized. Be sure to check the date that you are given
as an individual to take up residence in Canada.
You will have fulfilled the requirement to take up residence
in Canada if you enter Canada, officially become a landed immigrant
and then later depart back to where you came from.
This provides a lot of versatility and facilitates easily adaptable
planning around your personal circumstances. Some people choose
to completely finalize their affairs in South Africa and then
arrive in Canada to stay without the intention of returning
to South Africa except maybe for a holiday or to visit relatives.
Others arrive with the express intention of taking up residence
and then returning to South Africa to sell their business, arrange
their affairs, continue working in their job pending resigning,
sell their home, or complete their studies before they return
to Canada.
The advantage is that you have time to continue in your "previous"
life while you arrange your new life. This could be job related,
it could be arranging where you are going to live in Canada,
and it may concern children's schooling or a multitude of other
aspects unique to your personal circumstances. A lot of people
find that this helps put their mind at ease and provides them
with a sense of being in control.
One caution, you cannot remain outside of Canada for as long
as you want. A permanent resident must comply with certain residency
requirements. A permanent resident "PR" must comply
with the "residency requirement" for 730 days (2 years)
every 5year period.
How does the Permanent Resident " PR" fulfill the
residency requirement?
1. If the PR is physically in Canada
2. If the PR is outside Canada accompanying a "Canadian
Citizen" who is their spouse, common law Partner, or parent,
if the PR is a child
3. If the PR is outside of Canada employed on a "full
time" basis by a Canadian business or in public service
of Canada or of a province
4. If the PR is outside of Canada accompanying a PR who is
their spouse, common law partner or parent if the PR is a child,
who is employed on a full time basis by a Canadian business
or in public service of Canada or of a province
Remember:
The residency requirement always looks 5 years backwards from
the date the assessment is being made
The onus is on the PR to satisfy the immigration officer that
they comply with residency obligations
If the PR has been a PR for less than 5 years they must be
able to prove that they will be able to meet the residency requirements
If an officer determines that an applicant is not entitled
to retain permanent resident status, then a removal order will
be issued.
It is most important that you also become familiar with and
comply with the requirements in respect of permanent resident
cards for permanent residents, with particular relevance to
leaving and returning to Canada.
The above is a summary only of some of the provisions of
Section 28 of the Immigration and Refugee Protection Act for
informational purposes and as general comment only. It is your
obligation to be certain how the rules and regulations apply
to your particular circumstances. If you are going to remain
outside of Canada for extended periods you are strongly advised
to first obtain the professional advice of an authorized CSIC
Immigration Consultant or Canadian Immigration lawyer to ensure
that you are meeting your obligations as a permanent resident.
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Did
you know that it is reported that there are in the excess of
210 000 “skilled worker” applications in line at
the various Canadian Embassies and High Commissions around the
world at this moment?
It’s
nearly time to sign off ….the weather outside is glorious
and I am leaving my office at 7.00pm this evening which is a
lot earlier than usual so that I can go for a run along through
the forests near where I live and then down along the trails
that snake along the beach. 