한국과 캐나다를 자주 왕래하는 분들, 예로 기러기 아빠처럼 가족과 함께 랜딩후 혼자서 한국으로 돌아가서 비즈니스를 하거나 직장을 다니시는 분들, 중에서 저에게 영주권을 계속 유지하기 위한 조건을 물어보시는 분들이 계셔서 Citizenship and Immigration Canada(CIC) 홈에서 관련자료를 찾아 올려봅니다. 도움이 되기를 바랍니다.

★ 관련 법령 : the Immigration and Refugee Protection Act ("IRPA") and its Regulations

★ 영주권자의 거주의무

영주권자는 영주권자 거주의무에 따라서 지난 5년중(1825일) 2년이상(최소 730일)을 캐나다에서 거주해야 합니다. 다음과 같은 경우에는 캐나다 밖에서 거주했어도 캐나다내에서 거주한 것으로 인정합니다.

-  캐나다 이외의 국가에 체류하면서, Canadian business
    (캐나다의 본사에서 한국으로 파견된 경우등이 해당 됩니다)
    Public Service of Canada 또는 public service of a Canadian province에 종사하는 경우

-  캐나다 이외의 국가에 체류하면서, Canadian business
    (캐나다의 본사에서 한국으로 파견된 경우등이 해당 됩니다), Public Service of Canada 또는
    public service of a Canadian province에 종사하는 경우의 배우자

-  캐나다 이외의 국가에 체류하면서, Canadian business
    (캐나다의 본사에서 한국으로 파견된 경우등이 해당 됩니다), Public Service of Canada 또는
    public service of a Canadian province에 종사하는 경우의 자녀


★ 영주권자의 거주의무를 위반했을 때

- 캐나다 내에서

CIC 공무원은 거주의무 위반을 한 영주권자에게 추방명령을 내리고 추방명령서를 받은 후 30일 이내에 the Immigration Appeal Division (IAD) of the Immigration and Refugee Board 에 이의를 제기하지 않으면 영주권자로서의 자격을 잃게 됩니다.

- 캐나다 밖에서

CIC 공무원은 거주의무 위반을 한 영주권자에게 영주권자 거주의무를 위반을 했다는 통지서를 보내고 60일 이내에 the Immigration Appeal Division (IAD) of the Immigration and Refugee Board 에 이의를 제기하지 않으면 영주권자로서의 자격을 잃게 됩니다.

★ 이의제기후

the Immigration Appeal Division (IAD) of the Immigration and Refugee Board의 위원들이 일반법정처럼 공개적인 청문회를 열어 거주의무 위반을 한 영주권자의 이의제기를 듣고 영주권유지 여부를 결정하게 됩니다. 

참고 자료 : http://www.cic.gc.ca/english/irpa/fs-residents.html
                http://www.americanlaw.com/cdnmaintres.html

----------------------------------- 원 ---------- 본 ---------------------------------

RESIDENCY OBLIGATIONS  FOR PERMANENT RESIDENTS

- This is not a legal document. For legal information, consult the Immigration and Refugee Protection Act and its Regulations. 

 
SNAPSHOT

Citizenship and Immigration Canada (CIC) administers the Immigration and Refugee Protection Act and the Citizenship Act. Our mission is to build a stronger Canada by

maximizing the benefits from the global movement of people;
protecting refugees at home and abroad;
defining membership in Canadian society; and
managing access to Canada.
 
Permanent residence status gives a non-Canadian the right to live in Canada. Permanent residents enjoy most of the rights and responsibilities of Canadian citizens. They must meet certain residency obligations to maintain their status.

 
WHO IS RESPONSIBLE

Citizenship and Immigration Canada (CIC) officers grant permanent resident status. CIC officers abroad and in Canada review cases to ensure that permanent residents meet residency obligations. Decisions on whether a permanent resident has satisfied their residency obligations may be made abroad, at a port of entry or in Canada. These decisions may be appealed to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board, which is independent of CIC.

 
RIGHTS/ENTITLEMENTS

Permanent residents have a right to enter Canada. Like Canadian citizens, permanent residents also enjoy all the rights guaranteed under the Canadian Charter of Rights and Freedoms such as equality rights, legal rights, mobility rights, freedom of religion, freedom of ｅxpression and freedom of association. However, permanent residents cannot run for political office nor are they eligible to vote until they obtain Canadian citizenship.

As a general rule, permanent residents may apply for citizenship after accumulating three years of residence in Canada. To acquire Canadian citizenship, applicants must demonstrate a knowledge of either English or French, Canada as a nation, and the rights and responsibilities of citizenship.

 
OBLIGATIONS

Permanent residents comply with residency obligations if they accumulate two years of physical presence in Canada in every five-year period. If they are outside of Canada for extended periods of time, they can accumulate residency days if they are:

accompanying a Canadian spouse or common-law partner, or are a child accompanying a parent;
employed on a full-time basis by a Canadian business or the Public Service of Canada; or
the accompanying spouse, common-law partner or child of a permanent resident who is outside Canada and who is employed on a full-time basis by a Canadian business or the Public Service of Canada.
Under the transitional provisions, a permanent resident in possession of a Returning Resident Permit will be able to count time spent outside Canada for the purpose of satisfying residency obligations.

When making residency decisions, officers can take into account humanitarian and compassionate concerns. Officers will consider the best interests of a child who would be affected by the decision.

The assessment of residency obligations for a person who has been a permanent resident for more than five years, will be limited to the five years immediately preceding the examination.

 
WHAT HAPPENS IF RESIDENCY
OBLIGATIONS ARE NOT MET

Failure to comply with residency obligations may result in the loss of permanent residence status.

 
In Canada

When a permanent resident fails to meet residency obligations, CIC officers may issue a departure order that requires that person to leave Canada. The decision to issue a departure order may be appealed to the IAD within 30 days of receiving the notification. Permanent residency status will be lost if the decision is not appealed.

 
Abroad

When a permanent resident does not meet residency obligations while abroad, CIC officers may inform that person in writing that they have failed to meet their residency obligations. Information on appeal procedures will be provided at that time. Permanent residency status will be lost if an appeal is not received by the IAD within 60 days of a permanent resident receiving the written non-compliance notification.

 
APPEALS

Permanent residents, in Canada or abroad, who a CIC officer decides have failed to meet their residency obligations, can appeal to the IAD of the Immigration and Refugee Board.

In certain circumstances, permanent residents who are determined to have failed to satisfy their residency obligations while abroad may be issued a temporary travel document so that they can return to Canada to attend their appeal hearing.

Members of the IAD hear appeals. The hearings are held in public and operate much like a regular court. However, rules of evidence are more flexible and the IAD can consider any evidence that it believes is credible and trustworthy. When making a decision, its members consider questions of law and fact and, in some situations, humanitarian and compassionate concerns.

WHAT'S NEW

Elimination of the concept of intent to abandon Canada The new Act establishes clear and objective criteria based on physical presence in Canada rather than on factors establishing intent not to abandon Canada.

Elimination of Returning Resident Permit Under the new Act, such permits will no longer be issued.

Longer absences from Canada Under the new Act, permanent residents may be outside of Canada for three years in every five-year period. This allows permanent residents and accompanying family members to be absent from Canada for longer periods of time without the risk of losing their status.

Determination of residency status Under the new Act, CIC officers abroad now have the authority to make decisions on whether a permanent resident has or has not satisfied their residency obligations.
 

 

© Minister of Public Works and Government Services Canada, 2002
Cat. No.: Ci51-111/2002-7
ISBN 0-662-66639-9
C&I-488G-05-02