How many years will pr in Canada live for five years?

1. Understanding of the rule of five-year residence for two years

Article 28 of Canada's New Immigration and Refugee Protection Act stipulates that permanent residents must live in Canada for two years in any five years. According to the law, there are only three ways to meet this requirement:

1, I actually live in Canada;

2. Accompany a spouse with Canadian nationality to live overseas (at this time, the time spent living overseas is regarded as living in Canada) (note that accompanying a child with Canadian nationality overseas is not counted);

3. Working for a Canadian company or a Canadian government agency overseas (at this time, the time spent living abroad is also regarded as living in Canada).

Apart from these three methods, there is basically no better one. If the first and second methods are not available, you can only maintain your identity through the third method.

If the above three methods cannot be adopted, the only way is to ask the immigration officer to forgive you on humanitarian and compassionate grounds. However, this method is not safe. Because there are too many uncertainties.

2. How about five years?

First of all, it is not counted from the time when immigrants report.

Secondly, not since you got the maple leaf card.

According to the law, the five-year period can only be counted from the day you plan to enter Canada (or the day you apply for a maple leaf card), and then five years later. As long as you can prove that during these five years, you have met the requirement of living for two years by one of the three methods mentioned above, there is no problem.

For example, someone registered as an immigrant at 1997. From June 5438 to October 2003, we obtained the Maple Leaf Card. If this person returns to Canada in July 2004, the immigration officer will ask whether he has lived for two years, and has lived for five years since July 2004. (The immigration officer did not start from the date when this person obtained the maple leaf card, that is, from June 5438 +2003 10, and later calculated until July 2008, requiring this person to live for two years during this period).

In addition, it is obvious that the applicant or his family members are not obliged to serve their sentences in the immigration prison and meet the requirements of five years and two years' residence. This is the obligation of every permanent resident. Therefore, it is irreplaceable. Whoever lives a full life will keep his identity. Whoever doesn't have enough to eat loses his identity. There is no substitute. Nor can one representative from each family do it.

If you don't live for two years in five years, you may lose your immigration status.

The Immigration and Refugee Protection Act recently promulgated by the Canadian government and its supporting implementation rules have made some new provisions on the maintenance of Canada's permanent resident status. These new regulations have completely changed the provisions of the original immigration law on maintaining permanent resident status. Judging from these regulations, the new regulations will have a very serious impact on many Canadian immigrant families who are currently stranded abroad. In the next few years, many families may have to rearrange their lives. Some permanent residents will lose their Canadian permanent resident status forever.

Article 28 of Canada's New Immigration and Refugee Protection Act stipulates:

"Every permanent resident must meet the requirements of this Law on the period of residence in Canada, which is between five years."

According to the provisions of the preceding paragraph, the law further defines the term of residence as follows:

(a) In any five-year period, permanent residents must have 730 days to comply with one of the following provisions of this Law on housing:

(i) Resident in Canada; Or,

(2) Canadian spouses who accompany them outside Canada (if they are children, Canadian parents who accompany them); Or,

(iii) Working full-time outside Canada for a Canadian company or an agency of the Canadian federal government or provincial government; Or,

(iv) Accompanying a permanent resident who works full-time for a Canadian company or the Canadian federal government or provincial government outside Canada, and the permanent resident is his spouse or parent; Or,

(5) Other living conditions as stipulated in the Detailed Rules for Implementation.

(b) When an immigration officer checks the immigration status of a permanent resident, he can meet the following requirements:

(1) If a permanent resident fails to obtain immigration status within five years, as long as it is proved that he may meet the requirements of living for two years within five years, or,

(ii) If a permanent resident has obtained immigration status for five years, he can prove that he meets the requirement of living in Canada for five years when verifying his immigration status.

If the immigration officer decides that the permanent resident should not lose his immigration status for humanitarian and compassionate reasons, especially considering the interests of the children affected by him, his immigration status will remain even if the permanent resident does not meet the residence period requirements stipulated by law. "

It can be seen that the provisions of these laws are extremely strict. They fundamentally changed the provisions of the original immigration law on maintaining permanent resident status. The provisions of the original immigration law on maintaining the status of permanent residents focus on the "will" of permanent residents themselves. As long as the "will" of a permanent resident is not to give up Canada as a permanent residence, then his identity will not be lost. The feature of this clause in the original immigration law is that whether the immigration status of permanent residents has been lost depends mainly on their "will". For example, if a permanent resident stays abroad for a long time but has no intention of giving up Canada as his permanent residence, his identity will not be lost.

The Canadian government believes that the provisions of the original immigration law on maintaining permanent resident status are too focused on the "subjective factors" of permanent residents themselves. This will bring many uncertain factors to the law enforcement process, and will also cause too much work burden to the immigration bureau. Therefore, the new immigration law basically completely excludes "subjective factors" and adopts the standard of absolute "objective factors". Permanent residents can only maintain their permanent resident status if they meet the requirements of actually living in Canada for more than two years within five years, or meet one of the other requirements stipulated by law. In other words, the new law stipulates that the maintenance of permanent resident status depends only on "objective factors". The "subjective will" of the parties themselves was completely rejected. In addition, the only "subjective factor" left is the immigration officer: if the immigration officer thinks that "for humanitarian and compassionate reasons, ..., the immigration status of a permanent resident should not be lost, then even if the permanent resident does not meet the requirements of the legal residence period, his immigration status can be maintained."

These terms came into effect on June 28th, 2002. Its entry into force will directly bring very serious consequences to a considerable number of permanent residents:

Suppose a permanent resident has been granted immigration status for more than five years. However, during these five years, he actually lived in Canada for less than two years. According to the original immigration law, if his "subjective will" is not to give up Canada as a permanent residence, then according to the old law, his immigration status will not be lost. However, according to the provisions of the new Immigration and Refugee Protection Law, his status may be lost from June 28, 2002. Unless he can convince immigration officials that his identity should be kept on humanitarian and compassionate grounds.

Consistent with the above provisions, the new Immigration and Refugee Protection Law also implemented the "Maple Leaf Card" system. Every permanent resident must hold a Zhang Yongjiu resident card, also known as "Maple Leaf Card", to prove his permanent resident status when he enters Canadian territory. Any new immigrant who obtains permanent resident status after the implementation of this law, that is, after June 28, will receive a "Maple Leaf Card" directly. Immigrants who have obtained permanent residence status in Canada before the implementation of this Law must apply for a new "Maple Leaf Card" and return the original immigration paper to the Immigration Bureau. In the future, any permanent resident who does not have this card will be regarded as losing his permanent resident status.

According to this regulation, any permanent resident in the future cannot enter Canada as a permanent resident without a "Maple Leaf Card". In other words, if you can't get the "Maple Leaf Card", it means that his permanent resident status has been lost. Therefore, whether new immigrants can apply for a "Maple Leaf Card" has become the key to whether they can continue to retain their permanent resident status in Canada after the implementation of the new law.

However, it is not easy for some people to apply for a "Maple Leaf Card". The new law stipulates that in order to obtain a "Maple Leaf Card", every permanent resident must submit a written application to the Canadian Immigration Bureau. On the written application form, the applicant must state the following information:

1. All addresses of the permanent resident in the past five years;

2. The name and address of the permanent resident's employer in the past five years, or the name and address of the school where the permanent resident attended;

3. A list of the time the permanent resident has stayed outside Canada in the past five years;

4. In order to obtain the "Maple Leaf Card", permanent residents must also find a guarantor, who will confirm that the facts mentioned in the above 1, 2 and 3 are true. According to the new law, the identity of the guarantor is limited to "doctors, judges, legal personnel, mayors, priests, pharmacists, principals of primary and secondary schools, accountants, engineers, university teachers or veterans." The guarantor must prove that the above situation of the parties is true. (Of course, if the parties can't find the above-mentioned professionals as their guarantors, they can also sign an affidavit to replace the above-mentioned guarantors' guarantee. In other words, I guarantee that the facts mentioned by the applicant in the above 1, 2, 3 are true. However, obviously, it would be very strange if the person concerned did not know any of the above professionals during such a long time in Canada. )

When drafting the Immigration and Refugee Protection Act, the Canadian Liberal Party government hastily passed these absurd legal provisions regardless of the reasonable opposition of the general public. The absurdity of these provisions lies in:

1. After the implementation of the new law, some new immigrants may immediately lose their permanent resident status in Canada.

For example, after obtaining immigration status, it is absolutely impossible for a permanent resident to stay overseas for more than three years to meet the requirement of living in Canada for two out of five years. According to the law, he can't get a "maple leaf card". In other words, his permanent resident status may be lost immediately on the day when the new law comes into effect. Although, in the past few years, this person has enough evidence to prove that his "subjective will" is not to give up Canada as a permanent residence. His permanent resident status will remain unchanged until June 28th, but may be lost after June 28th.

2. New immigrants who will be deprived of permanent resident status by this new law have never been fully informed in advance.

The implementation date of the new law is determined as June 1 1 day. /kloc-takes effect in 0/7 days. This practice is very rare in the history of Canadian legislative practice. It doesn't give new immigrants enough time to plan their families' living arrangements in the next few years, or even enough time to buy air tickets to return to Canada. This sudden move is unacceptable in a democratic society.

The price paid by many new immigrants for immigrating to Canada may be in vain.

Many new immigrants, especially business immigrants, have paid a lot of money to immigrate to Canada, including investing heavily in Canada according to the requirements of Canadian law. When they pay these fees, they trust the standard of "subjective will" in the old Canadian immigration law, and always believe that the law allows them to complete what they should have done abroad and return to Canada to live and work in peace and contentment when they think it is appropriate. So, the whole family immigrated to Canada.