本文发表在 rolia.net 枫下论坛Facts: landed 2001, (5 years period starts 2001, end 2006)
left Canada 2002 --- (stayed in Canada for 1 year)
obtained return resident permit (RRP) for 2 years in 2002 and stayed outside since 2002----(stayed outside with RPP for 2 years)
currently staying outside with expired RPP---(startng 2004)
Analysis:
1. to satisfy residency obligations one needs to stay in Canada for 2 years in the most recent 5 years period preceding the application (of travel document, of PR card, of apply for entry at border..).
2. your most recent 5 year period starts from 2001 and end 2006, i assume both years to be start and ends in January.
3. you stayed 1 year in 2001, that is 1 years of your 2 out of 5 years requirements.
4. you stayed outside with return resident permit valid for 2 years, that according the Immigration regulation section 328 states that for a 5 years period before coming into force of the current regulation, period spent outside canada with under a valid return resident permit should be counted as time spent in Canada for the purpose of satisfying residency obligations requirement of A28. so you have 2 years out of 5 years.
5. based on above, for the purpose of determining residency obligations, you are 1 year more than the required 2 year out of 5 years rule.
6. so, base on my analysis, i think you should have no problem obtaining the travel document from the embassy within this year.
7. when you obtained the travel document from the embassy, you will have no problem at the border, and in applying for PR card once you are in Canada because the fact that when you apply for the travel document, you are at the same time automatically signalling immigration to determine your PR status, and if travel document is given, your status is secured.
8. Of cause, these are only my analysis, and only for references, you may want to consult an expert for further help.更多精彩文章及讨论,请光临枫下论坛 rolia.net
left Canada 2002 --- (stayed in Canada for 1 year)
obtained return resident permit (RRP) for 2 years in 2002 and stayed outside since 2002----(stayed outside with RPP for 2 years)
currently staying outside with expired RPP---(startng 2004)
Analysis:
1. to satisfy residency obligations one needs to stay in Canada for 2 years in the most recent 5 years period preceding the application (of travel document, of PR card, of apply for entry at border..).
2. your most recent 5 year period starts from 2001 and end 2006, i assume both years to be start and ends in January.
3. you stayed 1 year in 2001, that is 1 years of your 2 out of 5 years requirements.
4. you stayed outside with return resident permit valid for 2 years, that according the Immigration regulation section 328 states that for a 5 years period before coming into force of the current regulation, period spent outside canada with under a valid return resident permit should be counted as time spent in Canada for the purpose of satisfying residency obligations requirement of A28. so you have 2 years out of 5 years.
5. based on above, for the purpose of determining residency obligations, you are 1 year more than the required 2 year out of 5 years rule.
6. so, base on my analysis, i think you should have no problem obtaining the travel document from the embassy within this year.
7. when you obtained the travel document from the embassy, you will have no problem at the border, and in applying for PR card once you are in Canada because the fact that when you apply for the travel document, you are at the same time automatically signalling immigration to determine your PR status, and if travel document is given, your status is secured.
8. Of cause, these are only my analysis, and only for references, you may want to consult an expert for further help.更多精彩文章及讨论,请光临枫下论坛 rolia.net