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What does it take to become a permanent resident of Canada?
More and more people choose to immigrate to Canada. For those who intend to immigrate to Canada, no matter what the purpose, as long as they apply for the Canadian federal immigration program, they need to meet a certain period of residence before they can become permanent residents of Canada. Let's take a look at some requirements and solutions for residence time. Let's take a look first. Requirements of residence time for immigrants to become permanent residents in Canada: Regulations of residence time for permanent residents: Article 28: (1) Permanent residents must abide by the obligation of residence every five years. (2) The following provisions stipulate the obligation of residence under subsection (1): (a) permanent residents meet the obligation of residence during a five-year period, if they are (i) in Canada, (ii) outside Canada to accompany Canadian citizens who are their spouses or cohabiting partners or, in the case of children, their parents, (iii). (iv) The spouse or cohabiting partner accompanying a permanent resident outside Canada or, in the case of children, their parents are employed full-time by a Canadian enterprise or the federal public administration or the public service of a province; Or (v) mentioned in the regulations that stipulate other ways of compliance; This is what we often call immigration supervision, that is, the requirement of living in Canada for two years within five years. The above (1)-(5) can be considered by the government to meet the requirements, including: 1. I live in Canada and don't need to explain. Two. There is a case of accompanying Canadian citizens abroad: a Peruvian stayed in Canada for a few days and then went back. A few months later, his wife, a Canadian citizen, went to Peru to live with him, but this person was still considered by the immigration officer as not meeting the residence requirements, because this abnormal immigration officer narrowly explained the legal "companionship" and said that this person's wife left Canada after him. So he didn't accompany his wife, but his wife did. Later, the case was appealed to the Immigration Clothing Department, and the decision was overturned. IAD said that companionship should be interpreted broadly, and no one came first. It is also worth noting that if you are an adult, the Canadian citizen you accompany must be your spouse; If you are a minor, the Canadian citizen you accompany must be your parents. Therefore, adult parents living overseas with children born in Canada are not covered by this article and cannot be exempted from immigration supervision. Three. Employed (full-time) by a Canadian enterprise, federal management agency or provincial public service agency. There are two questions here: first, what is Canadian business, and second, what is employment. There are several explanations: 1. Only some Canadian enterprises meet the qualifications of Canadian enterprises to meet your living obligations. To become a Canadian enterprise, the enterprise must meet one of the following three definitions: the enterprise is registered and established according to the laws of Canada or the province, and continues to operate in Canada. The enterprise is an enterprise that continues to operate in Canada except the above-mentioned companies and meets the following conditions: it can generate income and expect profit; Canadian citizens, permanent residents or Canadian enterprises as defined above have majority voting rights or ownership interests. The enterprise is an organization or enterprise established according to the laws of Canada or a province of Canada. Here are three definitions, one of which can be satisfied. Usually the problem lies in "going concern". For example, in 2005, an Iranian invested and immigrated to Toronto in 1999, opened his own company, rented office space and hired an employee to export auto parts. Then he left his wife and children in Canada and went back to Iran to continue his business. He often went back to Canada to visit relatives, and gave birth to another son in Canada in 2000. But after that, he still didn't live in Canada. After a while, his family also went back to Iran, but bought a house in Canada. When they applied for re-entry permit in 2003, they were rejected by immigration officials on the grounds that they had not lived for a long time, so they appealed to IAD. This appeal was finally rejected, because his company in Canada only operated for less than two years, and then the employee he hired died (it is estimated that he hired a person in his seventies and eighties) and the office was subletted. Another highlight of this case is their second son born in Canada, because this may be the reason for asking for special relief. That is to say, even if the conditions prescribed by law are not met, because of some special circumstances, the immigration bureau sometimes gives special care to the parties, that is, special relief, for humanitarian and compassionate reasons. In this decision, IAD spent a lot of time discussing this issue, and finally came to the conclusion that their family had a good life in Iran, and there was no need to go to Canada again or take special care of them. Later, we will discuss this special relief in detail. If an enterprise, company or organization exists mainly to enable permanent residents to fulfill their residence obligations during their stay outside Canada, it is not a Canadian enterprise. This is not recognized by the Immigration Bureau, that is, the main purpose of the company's existence is to let permanent residents meet the obligation of living time. It can be seen here that it is not advisable to start a company to provide employment certificates for immigrants. In this regard, a new decision was made in February this year. This is a case in which China people claim to be employed by a Canadian company. However, IAD found that there was no credible evidence to prove that this person had received salary from this company, and the income from this job was not reflected in the tax return. Moreover, the employment relationship between this person and this company seems to be purely to maintain his permanent resident status, so he was rejected. The second requirement is the qualification for employment outside Canada. The specific requirements are as follows: the phrase "full-time employed by a Canadian enterprise or a Canadian public service department" means that you are an employee of a Canadian enterprise, a Canadian public service department or a Canadian provincial public service department, or provide services to them according to a contract; According to your terms of employment or contract, you are assigned to a full-time job: a position outside Canada; Affiliated enterprises outside Canada; Or customers of Canadian enterprises or public services outside Taiwan Province Province. This is about the requirement of employment relationship, and there is another case, in 2005. After landing, the man bought a house, left his wife and two children in Canada and became a trapeze artist himself. He claimed to have been working in a company called Nu-Skin since 200 1, which is an American company with offices in Canada and people supporting him there. So he has an employment relationship with Nu-Skin's Canadian company. However, according to his tax return records, his declared income in 200/kloc-0 was more than 6,000 yuan, and in 2002 it was 1 10,000 yuan. At the time of appeal, the Immigration Bureau stated that, firstly, his relationship with Nu-Skin in Canada was unclear, and secondly, his income was reported to be too low to work full-time, and he did not even meet the minimum wage. Although he has a real estate and a family, and he said he would go back to Taiwan Province Province to take care of his sick parents, he was refused special relief in the end. Permanent residents (spouses or parents) working in Canadian companies live overseas. This is basically the same as the last one, so I won't say much. 5. Other circumstances stipulated by law. At present, I have not seen any other clearly defined situation. The above briefly introduces several ways to meet the requirements of living time and related cases. What will happen if this requirement cannot be met? After introducing the requirements for Canadian immigrants to become permanent residents, many people who intend to immigrate to Canada and want to become permanent residents in Canada can start their own immigration plans in Canada.
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