Four Years Outside Canada

[olags]

Dear Leon/Everybody,

I am a Canadian PR and want to return to Canada after being away for four years. I didn't complete my residency requirements, 2/5 years.
Will they allow me entry at POI? My PR card is valid until August 2012.

Everybody's reply would be highly appreciated.

I will be resigning from my present job in the Middle East.

[Leon]

They will allow you to enter.  The question is just if you will be reported for not meeting the residency requirements or not.  Judging from different peoples experiences on this forum, I would say it seems rather uncommon to get reported but you never know.  If they do report you, they will start the procedure to revoke your PR.  You still get to enter Canada and you can appeal their decision.  However, doesn't change the fact that unless you had a good reason to be gone, you will lose the appeal and your PR.

If they don't report you, you can enter Canada as a still PR and go about your daily life in a normal way.  You should however not try to renew your PR card until you have stayed for 2 years.

[toronto2010]

Leon, you always give the best advice. you can be a very good immigration lawyer.

Anyway, as i posted in my earlier post, my husband is in a similar situation (although he is short of only 3 months). I thought he wouldn't be able to reenter canada once he loses his PR status. yesterday, we called up the official cic office and were told that he doesn't automatically lose his PR even though he is not able to meet the residency requirement. All PRs, apparently, can reenter Canada and are still Canadian PR (even though they haven't met the residency) until the immigration officer tells them officially (you have to reapply for renewal and the immigration officer will decide)they have lost their PR status.

[Leon]

Right, currently there are no exit checks so they do not know off hand who meets the requirements and who doesn't.  Generally they will let every PR in but they are allowed to report them on entry if they believe they don't meet the requirements.  They can then start procedures to revoke their PR status and the PR will have to appeal and either prove that immigration is wrong and that they do meet the requirements or appeal on H&C grounds stating and proving that they had good reasons for why they couldn't meet the requirements.

If somebody gets in without being reported, they should not apply to renew their card until they meet the requirements of 730 days in the previous 5 years.  The reason for that is that immigration regulations forbid them from looking at any other period for residency than the previous 5 years before you apply to renew.  You could therefore have been outside Canada for years, get in, stay 2 years and they can only look at the previous 5 years of which you stayed in Canada for 2 and therefore they must renew.

Your status in Canada with an expired PR card is still fine.  The PR status is not tied to the PR card and there is no law that says you must have one except for travel.

[olags]

Thanks to everybody.
If I will be allowed entry, I really intend to stay and renew my PR card after two years.

[bi123]

Please let us know about your experience. It can help others in similar situation.

Best of luck!


Thanks to everybody.
If I will be allowed entry, I really intend to stay and renew my PR card after two years.

[Nahc]

Right, currently there are no exit checks so they do not know off hand who meets the requirements and who doesn't.  Generally they will let every PR in but they are allowed to report them on entry if they believe they don't meet the requirements.  They can then start procedures to revoke their PR status and the PR will have to appeal and either prove that immigration is wrong and that they do meet the requirements or appeal on H&C grounds stating and proving that they had good reasons for why they couldn't meet the requirements.

If somebody gets in without being reported, they should not apply to renew their card until they meet the requirements of 730 days in the previous 5 years.  The reason for that is that immigration regulations forbid them from looking at any other period for residency than the previous 5 years before you apply to renew.  You could therefore have been outside Canada for years, get in, stay 2 years and they can only look at the previous 5 years of which you stayed in Canada for 2 and therefore they must renew.

Your status in Canada with an expired PR card is still fine.  The PR status is not tied to the PR card and there is no law that says you must have one except for travel.

Hi Leon,

I think I have a somewhat similar case as olags. My PR card is expiring on Sep. 22, 2012. Cumulative residence time is only 443 days up to this point. I am planning to come back in Mid. May this year. but obviously i do not comply with the residence obligation. Will I face the being removed problem??

Because last three times when I came back thru Vancouver Airport, they have this new self-help machine where you can just swipe your PR card and key in the date you left last time, then you are through...without having face to face time with a CBO. I was wondering if this machine can calculate my residence time and find out if I fall into this "further inspection needed" profile.
I am really worried about my status being removed. Because these few days I have been really the Operational Manual on the CIC website. It says the CBO actually needs to investigate if you comply the residence obligation  when they suspect you and have the right to report you.

If I can make it in, I will stay for good or at least after get my citizenship. I am ready to throw away everything I have established in my country.

Regards,

Nahc