C 11 - Official Wordings

khi_boy

Registered Users (C)
For those who might be interested , didn\'t have chance to read

More Transparent & Flexible Residency Obligation
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Residency requirement calculated over five-year period instead of one. The current Act deems people out of Canada for more than 183 days in any 12-month period to have abandoned Canada as their place of permanent residence unless they can establish they did not intend to abandon Canada. Section 28 of Bill C-11 requires permanent residents to be present in Canada for at least 730 days in every five-year period. Permanent residents will be able to count, as part of the required 730 days, time spent abroad in certain circumstances such as working for a Canadian company or the Canadian or a provincial government or accompanying their Canadian spouse, common-law partner or, in the case of a child, parents. This allows permanent residents a greater degree of flexibility over their personal or business affairs that is necessary in a world where routine international travel, work periods abroad and multinational business ties are becoming commonplace.

Objective test and humanitarian and compassionate considerations.
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Under the current Act, the assessment of a person\'s right to retain permanent residence when they wish to return to Canada following a prolonged absence is based on the evaluation of their intent to abandon Canada as a place of residence. Intent to abandon is a vague and subjective test. Under Bill C-11, permanent residents will benefit from a more transparent and objective approach and from an examination of humanitarian and compassionate considerations that might justify retention of status. Additionally, the best interest of a child who would be affected by a loss of status determination must be taken into account. This is in keeping with the importance that Canada places on the well being of children
 
I spend 6 months exactly outside Canada so ..

Do you think it is better to wait for C-11 or just file a RRP?

Some say if you apply for the RRP, then you are monoitored all the time. So it is safer if one doesn\'t apply for RRP if the intend is to stay much longer outside canada.
 
Is it going to be retroactive?

If the person was denied the RRP, can he still apply based on the new rules?
 
regulation may not be effective 28th june.

I just spoke to a lawter in Toronto he told me that 2nd round of regulation has been posponed which was to be published on 16 feb, his feeling is that new regulation may not be effective june 28th 2002 as so many changes are going on and last time when immigration law was changed it took 18 months to be effective
 
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