Welcome to your ICCRC Full Skills Exam (Entry to Practice EPE) Prep Lesson on Residency Requirements!

Estimated Study Time = 4 hours

ENF 23: Loss of Permanent Resident Status

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

OP 10: Permanent Residency Status Determination

http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf

IRPA A2, A27, A28, A31, A41, A44, A46, A63, A175

IRPR R53-62, R328

IRCC Help Centre: Residency Requirements

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=727&top=4

Calculating residence/physical presence for certain family members of a Canadian citizen or permanent resident living abroad

http://www.cic.gc.ca/english/resources/tools/cit/grant/residence/calculate/spouse.asp

 

Residency Requirements in the news:

From CBC: ‘Couple in Nova Scotia hopes for last-minute reprieve from ‘devastating’ deportation.’

This is an article that shows why it is so important for PRs to meet their residency requirements, regardless of their ties to the community and what they have planned for in the future. A knowledgeable RCIC would have resolved this situation before it became a removal order.

http://www.cbc.ca/news/canada/nova-scotia/david-wright-kathryn-wright-deportation-order-immigration-1.4028868

Here is an article from the Vancouver Sun about why Europeans are rapidly renouncing their Canadian immigrant status.

http://vancouversun.com/opinion/columnists/douglas-todd-why-are-europeans-rapidly-renouncing-their-canadian-immigrant-status

From the Toronto Star: About 1,400 immigrants a year ordered removed from Canada for residency non-compliance.

https://www.thestar.com/news/immigration/2017/01/18/about-1400-immigrants-a-year-ordered-removed-from-canada-for-residency-non-compliance.html

From the Vancouver Sun: Douglas Todd: Growing number renouncing Canadian immigrant status.

http://vancouversun.com/news/local-news/growing-number-of-migrants-renouncing-canadian-immigrant-status

Here is an article from the National Post about one of the biggest immigration frauds in Canada’s history where people were falsely claiming to be in Canada in order to meet their PR residency requirements:

http://nationalpost.com/news/canada/hundreds-may-lose-canadian-citizenship-resident-status-because-of-one-deceitful-immigration-consultant

This is an article from 2011 about a man who did not meet his residency requirements, but this situations certainly happens even today.

https://www.thestar.com/news/canada/2011/11/11/more_immigrants_losing_permanent_residency.html

Here is a very unfortunate situation where it appears that the Canadian Government made a mistake in assessing a person’s residency dates in Canada, leading to her being stranded overseas.

https://www.theglobeandmail.com/news/national/canadian-resident-stranded-in-moscow-says-clerical-error-led-canadas-government-to-revoke-her-status/article31709731/

This article is about ghost consultants who were committing fraud by forging documents to help people pretend to be in Canada so they can meet their residency requirements. ‘More than 770 of the company’s 1,600 clients have now lost their permanent residency or citizenship status or face inadmissibility hearings according to the Canada Border Services Agency (CBSA).’

http://www.cbc.ca/news/canada/british-columbia/8-sentenced-in-new-can-consultants-immigration-fraud-case-affecting-over-1-600-clients-1.4293004

 

Here are some great cases to read that will help you see A28 in action!

Kahlon v. Canada will give you a better understanding of being employed by a Canadian business outside of Canada as per A61(3)

Yari v. Canada is a fairly straightforward case that shows a person who was granted refugee protection in Canada and did not stay for the required 730 days in order to maintain status as a permanent resident. One great aspect about this case is that it gives you some insight into the correspondence sent to the applicant and timelines that happen in a real setting.

Jian v. Canada is an example of a failed appeal because, while the company Mr. Jian was working for was Canadian, Mr. Jian did not have sufficient ties to the Canadian branch in order to meet the requirements of A61(3). ‘To have time spent outside of Canada count toward the residency requirement, the permanent resident must be assigned temporarily, must maintain a connection with his employer, and must return to work for it in Canada following the assignment.’ [6]

Chaar v. Canada gives us a great look at ‘compelling factors’ that may be used to justify lengthy absences from Canada.

Wu v. Canada will help you to understand the procedures of Judicial Review when an Appeal is denied. This also gives you some insight into what is used to prove employment by a Canadian company while overseas.

Osba v. Canada is an example of a case where the permanent resident was working only part-time for a Canadian company overseas which led to him not meeting his residency requirements as he needed to work full-time. The decision was overturned because the officer misinterpreted R61, which refers to an exception for employees working for the client of a Canadian company.