Immigration Corner - How long can I be out of the country?

Hello Ms Ffolkes,

After filing for my family and myself under the skilled-worker programme, we were given a six-month immigrant visa to Canada which we used on December 26, 2009. At the time, I was already enrolled in an 18-month accounting course in Jamaica and, therefore, we only spent three weeks in Canada. During that time, we applied for and subsequently received our Permanent Resident cards and SIN cards. Due to the fact that the course will not be finished until sometime in 2011, we plan to stay in Jamaica until I have completed it.

All the information I have seen on the official immigration website indicates that permanent residents only need to be in the country for approximately 700 days out of each five years, so I thought my plans were OK. Someone, however, has said to me that permanent residents should not be out of the country for more than 180 days and we, therefore, could be violating some rule.

Is there any truth to this and, if so, what would be the best way for me to get to complete my course before moving to Canada?  My other query is, where could we get job-seeking advice and other information that new immigrants may need when we eventually move to Canada? We are planning to move to Brampton or Vancouver.

Hello,

Congratulations on having successfully filed for permanent residency in Canada under the skilled-worker programme. It seems as if you have considered your plans carefully and that you are wise about how you go about your affairs. You are asking a very important question. It appears you have the settled intention to make Canada your future home and you are well on the way to doing so.

If you are not a citizen, you have to be aware there are requirements for you to remain in Canada for 730 days out of five years (365 x 5 = 1,825 days). You are, therefore, allowed to stay out of Canada for three years during a five-year period. If you are applying for citizenship, you need to be physically present in Canada for at least three years out of four, and you must be a permanent resident for at least two years.

You should stay in Canada as much as you can during the time that you are finishing your course so as to accumulate the number of days necessary to fulfil the requirement for permanent residency. In addition, you can accumulate residency if you are away travelling with your spouse or child who is a Canadian Citizen.

If you do not fulfill the residency requirements you could be issued a departure order. If this happens, then you can appeal based on your circumstances and/or humanitarian and compassionate grounds. You, however, should avoid this happening as the outcome is uncertain. Your best bet is to comply with the requirements. As soon as you are finished with your studies, you should prepare to live permanently in Canada.

With regards to Brampton, there are many Jamaicans residing there and it is part of the greater Toronto area. You may get information on jobs and working in Canada from Human Resources Development Canada.

- Sharon Ffolkes-Abrahams is a barrister/solicitor of bars in Jamaica and Ontario, Canada. She is president of the Jamaican Diaspora Canada Foundation and former counsel at the Ontario Human Rights Commission. Email: info4immigration@gmail.com or editor@gleanerjm.com.