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Analysis Of Canadian Immigration Prison: Specific Regulations And Requirements For PR Residence Time

Analysis Of Canadian Immigration Prison: Specific Regulations And Requirements For PR Residence Time

Analysis Of Canadian Immigration Prison: Specific Regulations And Requirements For PR Residence Time

Everyone knows that immigration has many benefits, but one thing does make many people feel a headache, that is, many immigrant countries require a certain amount of residence.

Everyone knows that immigration has many benefits, but one thing does make many people feel headaches, that is, many major immigrant countries require a certain degree of stay or they will lose their identity, so they are vividly called "immigration prisons." In fact, immigration prisons have two meanings. One is for PR, in order to retain immigration status, immigration applicants must reside in the immigration country. The other is to be naturalized and become citizens of immigrant countries, they must live in immigrant countries.

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Canada is a typical country with an "immigration prison". Its general rule is that the stay time for PR is to live for 2 years, last for 5 years, and the stay time for naturalization is to live for 5 years and 3 years. So let's take a look at some specific regulations and requirements for the time spent in Canada's PR stay today.

Requirements for PR stay time

From my first time logging into Canada to become a permanent resident, I had to assume certain residence obligations to maintain the maple leaf card.

The specific requirements for maintaining maple leaf card during residence time are:

1) If you have been five years or more

You must meet the requirement to turn back at any time and within five years you must live for at least 730 days.

It should be noted that this is a dynamic concept of time span, which is arbitrary five years, not the first five years, the second five years, the third five years... such concepts.

2) If you have been in PR for less than five years,

You must prove that you may live for at least 730 days in the first five years after becoming a PR.

So, how do you know that you still have this "possibility"? This is very simple. Depending on the time point when the check was triggered (see the FAQ summary of when to trigger the check), you can calculate how many days you actually lived. Looking back, you can count the number of days left in the first five years of being a PR. If the sum of both is greater than or equal to 730, it means you still have "possible". Otherwise, you will not be able to stay for 730 days even if you won't leave the country for one day in the future.

Note: The date you become a PR is the date you first logged in, which is reflected on the back of the maple leaf card since the date of the PR. The first five years to become PR must be calculated based on this date. The date at the front of the maple leaf card is the expiration date of the maple leaf card (changed every five years) and is not calculated from the login date, so don't mess around and make the date wrong.

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Exceptions to stay abroad

In some exceptions, the residence time of Canadian public relations outside of Canada can also be considered to be living in Canada, mainly in the following three cases.

Note: Here we would like to remind you that the review of the other two cases, except for the first case, is very strict and complex, and it is difficult for you to get a clear answer from the Immigration Bureau in advance. Therefore, when using this rule, you should be very cautious and ready for both hands. Never be smart. You will find it irresistible until the fall settlement is complete.

Situation 1: Accompanying Canadian family members overseas

The primary accompanying Canadian citizen family is your spouse or cohabitation partner. If you are under 22 years old, you can become a parent. You need to prove that the person you are with is a Canadian citizen and your kinship. (Note: You must be a PR citizen, not a citizen accompanying PR. There are precedents here)

Basic Materials: 1. The accompanying person uses all passports or other travel documents five years before the application; 2. The accompanying person's nationality certificate, including the date of becoming a Canadian citizen; 3. Application for companionship certificate for the first five years; 4. proof of marriage or proof of cohabitation partnership (if spouse or cohabitation partner); 5. Child's birth certificate, baptism documents or adoption/legal guardianship documents (if parents).

Auxiliary materials: 1. Notice of Income Tax Assessment (NOA) Certificate in the past two years; 2. School or employment records; 3. Association or club membership; 4. Other related materials.

Option 2: If you are employed by a qualified Canadian business or public service department and work overseas due to business needs

You are an employee of a Canadian qualified business or a public service department in a Canadian province or territory. Depending on the requirements of your job or contract terms, you will be sent to an overseas member or overseas client company for a full-time position and after your port affairs, you will return to Canada to continue working for your employer.

A Canadian qualified enterprise here refers to a company established under Canadian law or provincial law and continues to operate in Canada; or continues to operate in Canada, which can generate revenue and profits, and most of the voting rights or ownership interests owned by Canadian citizens, permanent residents or the above-mentioned Canadian businesses; or refers to a company established under Canadian law or provincial law.

Note that the definition here is actually very complex in practice. All provisions are explained by precedents, and it is difficult to define them clearly.

Here are some examples. For example, the reason I translated it into "qualification" is not only to judge whether it is from the perspective of regulations and the nature of the enterprise, but more importantly, to judge its rationality and necessity, such as a comprehensive analysis of factors such as the company's corporate structure and profit, business size, business scope, business level, business level, work committee and experienced corporate structure and profit.

For example, as a qualified employee, he needs to be hired by a qualified Canadian company and recruited in Canada. He has a fixed position in Canada. Due to the business needs of the company, he was sent overseas to work for a certain period of time, which was part of his position and after the period ended, he would return to his initial position at the Canadian company to continue his work.

Required materials: You must provide the official signature of the company, including the position and ownership of the signer who presented the certificate; the nature of the company's business and proof that the company meets the above requirements of a qualified Canadian company; detailed information about being sent to work outside Canada, such as: how long, confirm that you are a full-time employee of a qualified Canadian company, which is dispatched to work overseas in full time according to the terms of the employment contract, and the description of the position such as the dispatch task or the terms of the contract, etc.; confirm that this business is not primarily intended to enable you to fulfill your immigration obligations.

Auxiliary materials: association and commercial license; cooperation agreement or company annual report; company Canadian corporate income tax assessment notice NOA or financial statements; employment agreement or copy of contract; agreement between any Canadian qualified business and overseas businesses or clients related to foreigners; payroll; form T4; other related materials.

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Option 3: If you are Canadian PR employed by a qualified Canadian company that works overseas due to business needs

The accompanying Canadian PR must be your spouse or cohabitation partner and if you are under 22 years old, you can become your parent. Canadian PR works full time in Canada’s qualified business or public service departments in Canada or the Canadian province or territory during your company. You need to prove that the person you accompany is PR and meets your residence obligations and kinship.

Basic materials: Certificate documents of the person who accompanied the person to perform his residence obligations; passport or other travel documents, accompanying the person for nearly 5 years; marriage certificate or cohabitation certificate (if accompanied by spouse or cohabitation partner); birth certificate, baptism document or child adoption/legal guardianship document (if accompanied by parents).

Auxiliary materials: school or employment records; Canadian income tax assessment notice NOA; association or club membership certificate; other related materials.

The last straw that saves life

If you really can’t meet the requirements of stay time, there is another possible solution, namely the use of humanitarian and compassion reasons (such as caring for sick parents, the best interests of children, and being persecuted by the original state) to attract people to gain understanding and compassion. These factors may help you maintain permanent resident status, but this is not necessarily successful and requires specific analysis based on the specific circumstances of different people.

Develop good habits

While there are many ways to understand how long you have been in Canada, for example when you enter Canada, you can ask Canadian border officials that, when applying for or renewing your maple leaf card, as a temporary or permanent resident, can help you better track and schedule your time in Canada, it is recommended that you use every flight () every flight outside Canada, including every trip within the United States, including day trips, including daily trips.

This travel diary is very simple, we may not have noticed that there is such a sample in the envelope and we received the maple leaf card.

This is an easy way to record a trip abroad in Canada. Put it together with your passport or other travel documents and make records on each trip. This is not an official document and does not need to be submitted at the time of application, just to help you remember your trip. You will need this information when you apply for renewal of your maple leaf card or apply for citizenship. So, what information do you need to record specifically?

1) The date you leave and return to Canada must be recorded even on the same day;

2) If you visit the country, if you travel to multiple countries in one trip, write down each country and the dates of your stay in the destination column;

3) The reasons why you go to other countries, such as holidays, work, visiting relatives, etc.;

4) Recorded information includes any day trip (less than 24 hours) and trip to the United States;

5) When the diary is full, please keep it in the correct state and print it again. You can also perform electronic backups. This information is very important.

With the Canadian Liberal Party successfully winning the general election, the Immigration Agency will make many immigration programs and trend adjustments in the coming months.

If you want to successfully harvest the maple leaf card in the second half of the year, choosing the right time and project is still a priority!

Canadian Visa Policy

To help immigration applicants affected by the pandemic, the immigration department introduced a series of heart-warming temporary measures at the beginning of the pandemic, such as extending the application period, exempting application conditions, etc.

As the pandemic gradually improves, these temporary policies will also face expiration or cancellation. But today, I bring you good news about the extended travel transfer policy:

The new policy for transferring travel visas to work visas that originally expired on August 31, 2021 has now been extended for 6 months and will be completed on February 28, 2022!

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Great positive! Canada's domestic travel transfer policy will continue to be postponed! As of February 28, 2022!

During the pandemic, to address the shortage of overseas workers in the Canadian labour market due to border closures, Immigration Canada brought significant benefits to domestic tourists last year:

Those Canadian visitors who hold valid employment letters (i.e. travel visas) can apply for a specific employer work visa!

Prior to this, according to normal procedures, the application and processing of a work visa must be completed abroad, and the travel visa cannot be converted into a work visa in Canada.

According to the Immigration Department, since the temporary new policy on “travel transfer” came into effect on August 24, 2020, thousands of temporary visa tourists have successfully transformed their identities into work visas.

These visitors who successfully obtain a work visa status can not only start working legally in Canada to make money, but also successfully obtain a PR status based on meeting immigration scores!

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For example, after a visitor successfully converts his identity to a work visa through the LMIA, he can meet the pool entry conditions of the FedEx Track Experience Course (CEC) based on his local work experience in Canada and his language requirements.

Meanwhile, the LMIA Labor Approval Document will also add 50-200 points to the sector pool of Canadian experience candidates.

Closed work visa for designated employers:

It should be noted that, in accordance with this policy, the work visa applied for by the visitor is a closed work visa (-work) for the designated employer.

As the name implies, a work visa holder can only work for the employer who provides him with letters from employers and labor approval documents, and cannot change the employer during this period.

Application requirements:

The application requirements for applying for a Canadian closed work visa with a travel visa are as follows:

Have a valid temporary status at the time of filing an application and have it in Canada;

Have an effective job opportunity;

Have valid LMIA approval documents;

Submit a work visa application by February 28, 2022.

If the applicant has a valid Canadian work visa for the past 12 months before submitting the application, he can also start working while awaiting approval.

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What is LMIA?

LMIA (: Assessing the Impact of the Labor Market).

This is what we often call “foreign workers”.

LMIA is an assessment report for the Canadian workforce to assess whether an employer has the ability and ability to hire foreigners.

The LMIA application is submitted by the employer. If Canadian employers need to recruit temporary foreign workers, they must first submit an LMIA application to the Department of Employment and Development.

What is the success rate of visitors transferring to permanent residence?

Is this reliable?

Honestly, Canada introduced the policy of transferring work visas to visitors during the pandemic, rather than sending you immigration status.

If you want to successfully immigrate to Canada through this policy, in addition to finding an employer that can provide you with Labor Assurance (LMIA), you also need to meet the requirements of the Canadian immigration program itself. Both are essential.

Although the former does not require an applicant, local qualified employers in Canada need to apply for the Ministry of Labor.

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If you want to successfully transition to permanent resident status in Canada in the future, you must also rate and evaluate a range of metrics such as applicant’s age, language score, education level, and more.

In other words, getting LMIA is just a ticket. If you want to successfully immigrate, the applicant must also have a basic score!

The main advantage of having an LMIA is that it can help fast immigration applicants get 50 or 200 points in the scoring system, greatly increasing the chances of getting an invitation!

Identity recovery policy adjustment:

The first important notice on status recovery issues for expired or imminent temporary visa status.

In the early stages of the pandemic, Immigration has opened a temporary policy for Canadian visitors, students and people with work visa status to extend their status after:

All temporary residents whose identities expire between January 30, 2020 and May 31, 2021 can apply to restore their status until August 31, 2021.

This policy exempts former temporary residents from the restrictions that they must apply for status recovery within 90 days after their status expires.

However, Canadian immigration has not yet expanded temporary measures this month.

This also means that those who fail to submit a recovery application by August 31 between January 30, 2020 and May 31, 2021 will no longer enjoy this temporary policy and must leave the country after their status expires.

At the same time, I would like to remind all friends whose temporary identities have expired or are about to expire, that is, the current deadline for Canadian identity recovery has returned within 90 days from the visa expiration date.

Policy adjustments for resubmitting visitors’ visas:

Last week, the Immigration Bureau asked applicants to submit their visitors’ visa (Visa) by September 7, which prompted condemnation from the Immigration Bureau on the Internet.

It seems that due to public pressure, the IRCC has quietly changed its directions on resubmitting visitors’ visa policies.

The new regulations clearly stipulate:

Applicants who have submitted their application by September 7, 2021 and have stated that they meet the COVID-19 exemption conditions and do not need to resubmit their application. Whether it is through IRCC Poral, IRCC security account or paper delivery application, the Immigration Bureau promises to accept the application.

According to a report by Canada's "Singing Daily", immigration information website CIC News reminds the public that "maple leaf card" held by Canadian permanent residents can only apply in Canada. If the maple leaf card expires and expires when leaving Canada, they will not be able to apply for a new card at overseas embassies and consulates or visa centers. They can only apply for one-time travel documents (PRTD). After returning to Canada, they will reapply for a new maple leaf card.

The Canadian permanent resident ID card, commonly known as the "maple leaf card", is the official proof that a person has permanent resident status in Canada. If the maple leaf card expires and fails, this does not mean that the cardholder has lost his permanent resident status. During the pandemic, Canada’s visa center operations around the world may be affected to a certain extent, and parties should carefully check the latest information.

Recently, approval of immigration has been very fast. EE approved an average of 2 months, and new policy immigration has also received approval notices. So what do we need to do next? What do we need to do after being reviewed for immigration? Complete the following 9 things and wait steadily for the maple leaf card!

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1. Received an "IRCC PR" email from IRCC of Immigration Bureau

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“We are at the end of you…” This email will be sent to the email address you provided when you applied for immigration. This letter means that the immigration trial has been completed and you need to reply to the Immigration Bureau information including: name, UCI, email, first entry date, latest entry date and location.

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2. After receiving the second email from the Immigration Bureau, log in to the PR to confirm the information and upload the ID photo.

When you receive the second email, the Immigration Department email has congratulated you on achieving permanent residency in Canada! According to the email, the link provided in the applicant and the temporary password, complete the following within 14 days:

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one. Change temporary password

b. Confirm whether you are currently in Canada

c. Confirm the mailing address of the PR card

d. Upload ID photos used on the maple leaf card (photo taken in the past 6 months)

3. Wait for email notifications, log in to get Ecopr

In case you are happy, remember to double check if the information in the Ecopr content is correct. If there are any errors, you can contact the Immigration Bureau as soon as possible to make changes.

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4. Download the Ecopr electronic version and print the signature

If the contents of ECOPR are correct, print it out and the signature date can be the same as the date left by Visa officials.

5. Link to the account that IRCC applies for immigration use

Link the Maple Leaf Card Review Progress to your account by adding to your content and enter some information you need to connect. After successful linking, you can directly query the progress of maple leaf card production and online mailing.

6. Update sin

Prior to becoming a PR, both a student and a work visa, sin usually starts with the number 9. After you get COPR, you can get a new SIN card number, usually starting with 5. This will also be your permanent crime number.

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7. Update card health card

Similar to the sin in step 6, update the relevant information.

8. Update bank banking

Confirm with the bank to update your current identity and become a permanent resident of Canada (PR status). Due to their identity changes, some provinces will also receive more discounts on buying and selling homes, and may also enjoy preferential policies provided by new immigrants provided by banks.

9. Develop the habit of documenting the time spent in the country and prepare for the next card renewal!

The maple leaf card is valid for five years. According to the update requirements of the maple leaf card, you can apply for a new leaf card renewal within 9 months before expiration. One of the conditions for renewal is to live in Canada for two years within 5 years after submitting the renewal application.

For friends who often travel in two places or exit Canada, develop the good habit of recording entry and exit records every time so that when applying for renewal, you won’t be too painful to recall entry and exit records in the past five years.

Approximately the time node for applying for a maple leaf card

When considering replacing a maple leaf card, you need to pay attention to the following three nodes:

The first time point:

When the maple leaf card holder submits a renewal application:

For example, the maple leaf card is about to expire and needs to be replaced by a new card

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