Advice Needed - Regarding PR Status - Entering Canada with less than 730 days.

[Namelessone77]

Hi Guys - I landed with my family in 1 June 2009 and we stayed for a month before we went back to Dubai. Now, our 730 Day window is approaching in June 2012 and as I understand, if we enter after that date, we would be short of the 730 days and may be refused entry at the port of entry (Airport).

1 - Is this a given or is it subject to review by the immigration officer
2 - Can the rejection be appealed?

due to financial constraints and not able to get a job in canada, my one option is to send the family there so they can maintain there PR status-
If i travel to visit them during the 5 year period - can they:-
Refuse Entry and revoke my PR
If the PR is revoked can my wife apply for my PR again once she becomes a citizen?

Thanks in advance guys....

[Leon]

1. It is not a given by any means.  Because they do not have exit controls, they most likely do not know that you don't meet the residency requirements unless you tell them.  Even if you tell them, they may tell you off for staying outside that long but in many cases, they let people in anyway without taking further action.  If you did get in without them taking any action, you should stay for 2 full years without leaving before you try to renew your PR card and then your PR is in good standing again.


2. They do have the right to report you for not meeting the residency requirements and take action to revoke your PR and if they do, they would still let you in but you would have 30 days to appeal their decision.  Of course there is no guarantee that you would win the appeal if that happens.


How are you not able to get a job in Canada if you spent a month in 2009 and haven't been back since?  It is a lot easier to find a job if you are actually in the country.

If you send your family to live in Canada, in case it ever happened that your PR got revoked, your wife could apply to sponsor you for PR again right away.  A PR who is living in Canada can sponsor a spouse.

[Namelessone77]

Thanks Leon, It's what I thought as well - I did not know about the one regarding a PR in Canada who could apply for their spouse - myself i this case.
 
In case they revoke my PR would I still have to pay taxes? Would my Wife incase she doesnt have a job? Her means of support would be my income although I a would no  longer be a PR.

If she reapplies for my PR could they refuse my application

[Leon]

In case they revoke my PR would I still have to pay taxes? Would my Wife incase she doesnt have a job? Her means of support would be my income although I a would no  longer be a PR.

If she reapplies for my PR could they refuse my application

You would have to deal with CRA on your tax situation.  You can be considered tax resident of Canada if you own a home or your family is living in Canada and you are supporting them.  You might still be considered a tax resident even if you lose your PR but again, you would have to deal with them.

If your wife sponsors you for PR, they would look into things like does she have a criminal record, is she on social assistance or is she bankrupt.  If she is not, then they would approve her as a sponsor.  To sponsor a spouse, they mainly look at if your relationship is genuine which they might tend to believe if you had applied for PR together and you are supporting her financially even if you do not live together.  Of course they might question why a married couple chooses not to live together even through they are both PR and could both be living in Canada.  They can also refuse on financial grounds.  There is no specific income requirement to sponsor a spouse but they may refuse if neither of you is working or likely to work in the future.

[ayachi]

Dear,
I have the same problem as you! the only diffrence I did my first landing on may 2008! my wife stayed there alone with my children for 6 month, than she refused to carry on alone..., I visit them 2 time and each time the immigration interview me, and warren me about the 730 days!!  they do not have any records!, at the end they let me in and stamp my passport with a  satmp similar to the stamp used during the 1st landing.... they will ask you starting after the 3 years you need to provide to them a real proofs about your exesting period in CANADA (They are very naugthy!!!)

I wish you  all the best, and small advise do not lose your PR and try to send your Family, so your wife can sponcer you! since 2 year now the immigaration services are deeply following every things

[NeedleArtist]

Dear,
I have the same problem as you! the only diffrence I did my first landing on may 2008! my wife stayed there alone with my children for 6 month, than she refused to carry on alone..., I visit them 2 time and each time the immigration interview me, and warren me about the 730 days!!  they do not have any records!, at the end they let me in and stamp my passport with a  satmp similar to the stamp used during the 1st landing.... they will ask you starting after the 3 years you need to provide to them a real proofs about your exesting period in CANADA (They are very naugthy!!!)

I wish you  all the best, and small advise do not lose your PR and try to send your Family, so your wife can sponcer you! since 2 year now the immigaration services are deeply following every things

Why are they being "naughty"?  Because they're upholding the law?  Compared to most other countries, Canada's policies and requirements pertaining to maintaining one's PR status are incredibly lenient and forgiving.  Is requiring permanent residents to maintain a physical presence here for only 40% of the time really too much to ask?

Let's not forget that a primary goal of immigration policies is supporting the health and growth of the Canadian economic engine; to make sure that a sufficient pool of labour exists.  The physical presence of Canadian residents (citizens and PRs alike) keeps the economy humming ... earning/spending/producing/etc.

Not to put too fine a point on it, but I sometimes get irritated at the constant litany of complaints regarding the immigration system.  I think that too many view Canadian Permanent Residency only as an "insurance policy" to be used only if things in their countries of origin get bad enough.

/end of rant           

[Namelessone77]

I agree, there is nothing naughty about what they are doing, these are the policies, and you have a choice to accept or not.

I do hope in the next few months we will be able to settle there.

thanks again

[NeedleArtist]

I agree, there is nothing naughty about what they are doing, these are the policies, and you have a choice to accept or not.

I do hope in the next few months we will be able to settle there.

thanks again

I wish you the best of luck in your endeavors.  If I can be of any help, please let me know.

[ayachi]

To NeedleArtist,
When I said Nuaghty, I was not insulting them!!!  but  I was talking about their behaviour! and if me or any other person not respecting the rules they have simply to apply the law!! but after 22 hour of traveling you reach CANADA with 2 babies and they just keep you waiting, than they put you under pressure with long investigation, about the last 2 years... what do you will say!!!?

I do agree that there is  alot of persons likes to torn the law and rules and go even far by asking for the cetizenship while they are living in other countries!!!