How to get a permit for leaving Canada over 183 days without losing your PR status...

Many chinese students, professionals, have sucessfully immigrated to 

Canada to start new life, and some of them have given up their P.R.China

citizenships and become neutralized canadian citizens.



However some remain to hold their chinese passports and maintain landed

immigrants status only. In this case, if you wanna leave Canada over 183

consecutive days (regardless of what calendars), you may risk your PR 

status unless you acknowledge this policy. If you still want to keep your

canadian PR status during your on-leave of canada for a longer period of 

time, you need to obtain a piece of paper, a special permit from the local

Canadian Immigration Office.



If you have adequate reasons for this application, you should bring the 

following itesm to the local immigration office and make IN-PERSON applications:



(1)a non-refundabale application fee of Cdn$ 85.00;

(2)two passport sied photos

(3)evidence supporting your applications for leaving Canada over 183 

days. This evidence can be a signed letter of admission for studies in a 

school of other country if you want to attend a school; or a signed 

letter of job offer from another country with term length (say the job 

offer may indicate that you are offered a job in Japan for one-full year 

starting from when and what title and so forth); or a certified document 

indicating your business you will run in a different country...



This implied two things:(1) since they ask you to apply in-person, which 

means if you are approved, then this processing might only take a few minutes 

or half an hour something; (2)your application might be turned down for 

in-sufficient materials to support your applications.

		FREQUENTLY ASKED QUESTIONS



     THE ACQUISITION OF A CANADIAN RETURNING RESIDENT PERMIT



(a) What rights does a Returning Resident Permit (RRP) provide?



An RRP provides prima face evidence that the holder, while absent

from Canada for any period time during its validity, did not intend

to abandon his/her Canadian permanent resident status.



(b) Who qualifies for a permit?



Permanent residents who have a valid reason to be outside of Canada

for any period of time and who have no intention of making a

permanent home elsewhere.



(c) How long does it take to obtain a permit?



Applications are generally assessed in about 1-2 weeks time at a

visa office outside of Canada.  Applications filed inside Canada

can take 1-2 months to process.



(d) Where can I obtain an application?



Application Instruction Kits are available from any Canada

Immigration Centre inside Canada.  Application forms and related

questionnaires are available at all Canadian visa offices abroad.



(e) Where are applications submitted?



Applications can be filed inside Canada at a local immigration

inland office.  As well, applications can be filed with a Canadian

visa office outside Canada.



(f) Who is included in the application?



As an RRP may not refer to more than one person, a separate

application is necessary for each permanent resident requesting a

permit.



(g) What are the processing fees incurred?



Each application is assessed at C$ 85.00 or the current equivalent

in US currency.  For a family, (separate applications), the

processing fee is capped at C$300.  As the US$ rate fluctuates,

fees paid in US$ may be subject to change.  Applicants are

therefore advised that when applying outside of Canada, to confirm

this issue with the visa office in question.



(h) Must the applicant travel to, or remain inside Canada after filing

an application?



Applicants filing inside Canada, can be interviewed and should

therefore plan to be available for a personal interview after

filing the application.



(i) Is there a  personal interview when filing outside Canada?



A personal interview is often conducted by visa offices abroad.



(j) What documents are submitted along with the application?



Where applicable, copies of the following documents may be included

with an application:



     * a letter from a Canadian employer stating the applicant is

       to be employed abroad for a specified period of time;



     * a letter of confirmation of registration from the

       educational institution the applicant will be attending

       confirming registration in a particular program and its duration;



     * a copy of Record Of Landing or, the RRP issued to applicant's 

       family member (in which case applicant qualifies for an RRP);



     * additional documentation which will satisfy an officer

       that the reasons for leaving Canada are valid;



(k) What is the usual validity period of a permit?



An RRP shall be valid only for the period of time stated on the IMM

1228.  Such period of time cannot exceed twelve months from the

date of issue, unless a longer period of time to a maximum of an

additional twelve months is authorized by a senior immigration

officer.



(l) Once issued, can permits be renewed or extended?



The same factors which govern the issuance of a RRP also apply to

the extension of permits.  Where a permanent resident is outside

Canada beyond the date to which the original permit is valid a new

application should be made as well.



(m) What are some typical valid reasons for the issuance of a permit?



     * To work abroad as an employee or representative of a

       corporation or business entity established in Canada;



     * To upgrade professional, vocational or educational

       qualifications;



     * to accompany a family member who is a Canadian citizen or

       has received an RRP;



     * other reasons that would satisfy an officer.



(n) When is an application for a RRP likely to be refused?



     * When the applicant did not appear at an interview, when

       requested;



     * the reason(s) submitted is not considered valid;



     * where an immigration officer is of the opinion (concurred by

       a senior immigration officer) that the applicant has ceased to be

       a permanent resident due to a lengthy absence from Canada;



     * where the applicant returns to his country of origin or

       former residence to resume a business or position occupied before

       acquiring Canadian permanent resident status.



(o) Are there certain risks to permanent resident status that can still

be incurred when utilizing a RRP?



Yes.  A returning resident permit is no guarantee of admission to

Canada for a permanent resident who has remained outside of Canada

for a lengthy period of time.  Possession of such a permit, in the

absence of evidence to the contrary, merely provides prima face

proof that a person did not leave or remain outside of Canada with

the intention of abandoning Canada as the person's place of

permanent residence.  Permanent residents in possession of the

permit are generally able to refute the presumption created by

section 24(2) of Immigration Act which provides that where a

permanent resident is outside of Canada for more than 183 days in

any 12 month period, that person shall be deemed to have abandoned

Canada as his or her place of permanent residence.



(p) Does possession of an RRP preserve one's qualifications for

Canadian Citizenship?



A number of decisions have emanated from the Courts over the years

which evince a strict statutory construction of the Citizenship Act

requiring persons who have been "in residence" in Canada for three

years during the previous four.  This implies that physical

presence is often required for a specific period of time in order

to qualify for Canadian citizenship.



(q) What recourses can one avail to address a negative decision



Applications of this nature are often submitted on the "other

reasons" category.  In such case each immigration officer is

permitted to exercise a degree of discretion and latitude which is

generally not subject to review.  It is important to ensure that

all of the pertinent issues are adequately presented.  These types

of decisions are difficult to overturn.  However new applications

can be filed.



(r) Are previous applications taken into consideration?



Yes.  This is but one factor which can be taken into consideration

to support an acceptance or the refusal of an application.



(s) General Considerations



The decision to file an application must be carefully assessed.  In

some instances, applicants elect to file an application in an

effort to cover up an ongoing period or pattern of (lengthy)

absences from Canada.  The filing of an application in such case

can serve to expedite the process of losing Canadian permanent

resident status.



Moreover, in view of the highly discretionary nature of RRP's,

applicants who are applying for consideration under the "other

reasons" category should carefully assess whether to apply from

inside or outside Canada.  Each visa office can have a specific

leaning on the types of reasons which are acceptable and those that

are not.



Applicants are advised to thoroughly review the merits of their

case with informed counsel.