ONLY - Who submitted CIC-AINP(SRS-U.S. Visa Holder Category) application

[Yatri]

Hi

So far I was a silent follower of this forum. I have applied to CIC waiting for AOR and got the same question as Chigirl. How long can you be out of Canada after the landing.

 

[NewHome_Alberta]

Hi

So far I was a silent follower of this forum. I have applied to CIC waiting for AOR and got the same question as Chigirl. How long can you be out of Canada after the landing.

I believe, you need to be in canada for 2 years within 5 year period, correct me if i'm wrong

 

[philly]

Hi Jag,
I am in same situation like you. My passports reached LA office On December 30th. The Passport request Email Says they need 15 Business Days.

Thanks

i sent my passport on 30th dec 2010 to LA office and until today i did not get it back . it was written in LA E-mail that it will take only 2 week .how long it will take ?can somone please suggest.

Thanks

 

[chigirl]

I believe, you need to be in canada for 2 years within 5 year period, correct me if i'm wrong

Found some literature -
The Immigration and Refugee Protection Act ("IRPA") establishes a residency obligation for permanent residents with respect to each five year period.
T
he residency obligation arises from Subsection 28(1) of the IRPA. Subsection 28(2) of the IRPA provides the following rules to determine whether a permanent resident has complied with this obligation:

A permanent resident complies with the residency obligation with respect to a five-year period if, on each of a total of at least 730 days in that five-year period (1825 days), they arehysically present in Canada,

So, you are right it approximates to being physically present for two years out of the five years. But, does that mean, I can relocate after 3 years, spend the last 2 years and still maintain my permanent residency?

 

[NRCANADA]

Hi Sir,

I am new to this forum.I have been asked to submit Birth certificate by LA consulate for further processing of my PR application.I have the Certification of Birth issued by Indian consulate.Do you think that this will suffice the LA consulate.

Kindly confirm if any of the members submitted the Certification of Birth issued by Indian Consulate and was accepted by Los Angeles Canadian consulate and completed their PR process

Thanks & Regards,
NRCANADA

---------------------------------------------------------------------------------------------------------------------------------
Application reached CIC Buffalo:04/07/2010
AOR and Medical request:07/19/2010
Medicals reached:08/11/2010
Transfered to LA:12/14/2010

 

[immigration.help]

Hi Jag,
I am in same situation like you. My passports reached LA office On December 30th. The Passport request Email Says they need 15 Business Days.

Thanks

I am in the same boat too. My passport reached them 1/5.. My online status still says "In Process, medical results have been received".

 

[surenderJeet]

I think that is fine. I also done same thing.

Thanks,

Hi Sir,

I am new to this forum.I have been asked to submit Birth certificate by LA consulate for further processing of my PR application.I have the Certification of Birth issued by Indian consulate.Do you think that this will suffice the LA consulate.

Kindly confirm if any of the members submitted the Certification of Birth issued by Indian Consulate and was accepted by Los Angeles Canadian consulate and completed their PR process

Thanks & Regards,
NRCANADA

---------------------------------------------------------------------------------------------------------------------------------
Application reached CIC Buffalo:04/07/2010
AOR and Medical request:07/19/2010
Medicals reached:08/11/2010
Transfered to LA:12/14/2010

 

[vsthakkar]

Received AOR/Med today at our US address..

Timeline -

NOC Code................................: 2132
Nomination Issued....................: 4 June 2010
FBI Requested..........................: 3 May 2010
FBI Received............................: 3 July 2010
Indian PCC Requested...............: 25 June 2010
Indian PCC Received.................: 30 June 2010
Application Received by CIC.......: 7 July 2010
Money Order/Check cashed........: 3 September 2010
Moved to India, updates address.: 15 November 2010
AOR/MED Request.....................: 20 January 2011

 

[lightsinthemist]

Chigirl

I beleive you have intrepreted the rule correctly .However the way it is being intrepreted by CIC and this comes up when the PR card will be up for renewal is that they expect you to be a majority time in the province which means if you safely stay in the province for 3 years there will be almost zero chance of your PR renewal not going through.Also the side advantage of this is that you will be automatically satisfying the condition for citizenship which states the PR must have spent 3 years out of 4 in Canada . Instead of going through the tension of renewing the PR card every 5 years ,it might be a much better thing to stay 3 years or atleast 2 and a half years in the province and apply for citizenship. Technically there might also be cases where people did not stay more than 1 year in the province , moved to a different province and still did not have problems at the renewal,but then again there have been reports of Alberta sending out notices to people after 1 year enquiring about their current address and revoking the PR in some cases when they were residing in another province .

Lightsinthemist

Found some literature -
The Immigration and Refugee Protection Act ("IRPA") establishes a residency obligation for permanent residents with respect to each five year period.
T
he residency obligation arises from Subsection 28(1) of the IRPA. Subsection 28(2) of the IRPA provides the following rules to determine whether a permanent resident has complied with this obligation:

A permanent resident complies with the residency obligation with respect to a five-year period if, on each of a total of at least 730 days in that five-year period (1825 days), they arehysically present in Canada,

So, you are right it approximates to being physically present for two years out of the five years. But, does that mean, I can relocate after 3 years, spend the last 2 years and still maintain my permanent residency?

 

[US2IND2CAN]

Chigirl

I beleive you have intrepreted the rule correctly .However the way it is being intrepreted by CIC and this comes up when the PR card will be up for renewal is that they expect you to be a majority time in the province which means if you safely stay in the province for 3 years there will be almost zero chance of your PR renewal not going through.Also the side advantage of this is that you will be automatically satisfying the condition for citizenship which states the PR must have spent 3 years out of 4 in Canada . Instead of going through the tension of renewing the PR card every 5 years ,it might be a much better thing to stay 3 years or atleast 2 and a half years in the province and apply for citizenship. Technically there might also be cases where people did not stay more than 1 year in the province , moved to a different province and still did not have problems at the renewal,but then again there have been reports of Alberta sending out notices to people after 1 year enquiring about their current address and revoking the PR in some cases when they were residing in another province .

Lightsinthemist

I agree with lightsinthemist. I have heard reports of PR being revoked by Alberta, from my friend in Edmonton. I think people who are serious about living in Canada should not take that risk.

 

[uniwander]

I do agree with you that we need to be honest with our intention to settle down in Alberta but I don't think Alberta has the right to revoke anybody's PR just because of their moving to another province

There is a difference between moving out of a province because of getting a job offer, going to school, etc. and applying for PR with a true intention to relocate in other parts of Canada

Chigirl

I beleive you have intrepreted the rule correctly .However the way it is being intrepreted by CIC and this comes up when the PR card will be up for renewal is that they expect you to be a majority time in the province which means if you safely stay in the province for 3 years there will be almost zero chance of your PR renewal not going through.Also the side advantage of this is that you will be automatically satisfying the condition for citizenship which states the PR must have spent 3 years out of 4 in Canada . Instead of going through the tension of renewing the PR card every 5 years ,it might be a much better thing to stay 3 years or atleast 2 and a half years in the province and apply for citizenship. Technically there might also be cases where people did not stay more than 1 year in the province , moved to a different province and still did not have problems at the renewal,but then again there have been reports of Alberta sending out notices to people after 1 year enquiring about their current address and revoking the PR in some cases when they were residing in another province .

Lightsinthemist

 

[uniwander]

Again, I do agree with you that you should try to settle down in Alberta if you apply under Alberta nominee

But, CIC, not Alberta, has the right to revoke PR...

I agree with lightsinthemist. I have heard reports of PR being revoked by Alberta, from my friend in Edmonton. I think people who are serious about living in Canada should not take that risk.

 

[lightsinthemist]

Uniwander

CIC has the right to revoke at any time based on this document which details the residency requirements.

Official CIC handbook for calculating residency requirements.With provincial nominees since they got a benefit with supposed quicker processing ( only god knows how fast it was ) and also reduced requirements such as not proving english proficiency (in some cases not all ) and not needing to demonstrate minimum bank balances unlike other streams...the field gets much murkier.

http://www.cic.gc.ca/English/resources/manuals/enf/enf23-eng.pdf

Please refer to sections 7.1 through 7.9 for understanding the requirements. And yes it is entirely true Alberta is sending out those notices for breach of not residing in Alberta. Many others have also posted links previously ( Ell Bee posted one if I remember ...) about Alberta doing this.

Again, I do agree with you that you should try to settle down in Alberta if you apply under Alberta nominee

But, CIC, not Alberta, has the right to revoke PR...

 

[lightsinthemist]

Also wanted to repost the link that was posted by another user sometime ago

http://www.cic.gc.ca/english/resources/manuals/bulletins/2010/ob251.asp

Operational Bulletin 251 -
November 24, 2010
Examination of Members of the Provincial Nominee Class at Ports of Entry and CIC Inland Offices

"Background

Paragraph 87(2)(b) of the Immigration and Refugee Protection Regulations (IRPR) states that a foreign national is a member of the PN class if they intend to reside in the province that has nominated them."

Both at the port of entry and also later in the future when PR renewal or Citizenship applications will be put CIC will use this as a judging clause...whether the PN class ( all provincial nominess fall under this ) has satisfied the requirements of residing in the province.Of course humane consideration would be given to people who say stayed for 2 yrs in the province and found a nice job elsewhere in canada and had to move maybe...but no guarantees.


Anywaz in my personal opinion it is not worth jeopardizing the PR one has worked hard enough for and try as hard as one can to find gainful employment in the province and sleep tight for 2-3 yrs and convert oneself to a citizen and then move to any corner of the earth freely.

Lightsinthemist

 

[uniwander]

They only say that you "intend to reside in the province that has nominated them"

where can you find that " also later in the future when PR renewal or Citizenship applications" CIC will use that as a judging clause? Just show me the words.

Also I don't understand why you need to stay in Alberta for 2 years other than 1.5 years or 3 years.

Also wanted to repost the link that was posted by another user sometime ago

http://www.cic.gc.ca/english/resources/manuals/bulletins/2010/ob251.asp

Operational Bulletin 251 -
November 24, 2010
Examination of Members of the Provincial Nominee Class at Ports of Entry and CIC Inland Offices

"Background

Paragraph 87(2)(b) of the Immigration and Refugee Protection Regulations (IRPR) states that a foreign national is a member of the PN class if they intend to reside in the province that has nominated them."

Both at the port of entry and also later in the future when PR renewal or Citizenship applications will be put CIC will use this as a judging clause...whether the PN class ( all provincial nominess fall under this ) has satisfied the requirements of residing in the province.Of course humane consideration would be given to people who say stayed for 2 yrs in the province and found a nice job elsewhere in canada and had to move maybe...but no guarantees.


Anywaz in my personal opinion it is not worth jeopardizing the PR one has worked hard enough for and try as hard as one can to find gainful employment in the province and sleep tight for 2-3 yrs and convert oneself to a citizen and then move to any corner of the earth freely.

Lightsinthemist