how do i know if there is an immigration report under my name

[m3ax]

hello
so here is the deal
i got my pr in 2004 stayed in Canada for around 60 days then went back to my country then i returned to canada in 2009 just one month before the expiry of my PR card now it's almost 2012 so i've been here for more then 750 days
my question is if i apply to renew my PR card what do you think is going to happen and how sure are you
my second  question is
i can't remember what the immigration officer told me in the airport my English wasn't that good and i couldn't get most if what he told me all what i can remember is he told me next time when you come to Canada you will need a new visa and i was like ok and he let me go
so i don't know if he issued a report to revoke my PR card or not is there is anyway to know ? and if he did what's gonna happen when i apply for the card renewal ? How can i know if i'm WANTED for the government of Canada
i have not dealt with the immigration since 2009 but i've dealt a lot with government places and i'm going to university as a pr and i have a part time job as well and i did file my taxes for the last 2 years
my workplace do a criminal background check every 6 months and i've been working for them for a year now i don't think there is anything showing up in my Criminal Record Check does that mean i'm not wanted for the immigration or for the government of Canada ?

[m3ax]

.................

[Leon]

If he had reported you, he would have given you some paperwork and I am sure they would have send you some letters by now to appear at immigration to appeal for your PR.  If they didn't, then he did not report you.  You can go ahead now and apply to renew your PR card.

Their own rules state that if they have not revoked your PR already, it doesn't matter how long you were gone as long as you stayed 730 days in the past 5 years before you apply to renew.  You can find this clause here:

For persons who have been permanent residents of Canada for more than five years, the only five-year period that can be considered in calculating whether an applicant has met the residency obligation is the one immediately before the application is received in the visa office. A28(2)(b)(ii) precludes a visa officer from examining any period other than the most recent five-year period immediately before the date of receipt of the application.

Even if a person had resided away from Canada for many years, but returned to Canada and resided there for a minimum of 730 days during the last five years, that person would comply with the residency obligation and remain a permanent resident. An officer is not permitted to consider just any five-year period in the applicant's past, but must always assess the most recent five-year period preceding the receipt of the application.

[benk]

Hi Leon and other experts,

Please share your answers to my following questions:

1.  Do you mean to say that at the port of entry, if the officer would like to report a person for not meeting residency requirement, he will give you the paper work right there and then?  What does it mean if the officer just let you in (without any paper work) after secondary inspection -- does it mean you are still a PR and your status is fine (even after the expiry of your PR card)?

2.  If a person who cannot fulfill the residency obligations for the first 5 years as a PR but manages to get into Canada (after being sent to secondary inspection at immigration at port of entry) before the expiry of the PR card and then stays in Canada for a full 3 years or more, can he/she apply for PR card renewal and citizenship with no problems?

3.  Is there somebody in the forum who was successful at applying for PR card renewal or Canadian citizenship after staying in Canada for 3 years or more but initially cannot fulfill the residency requirements in the first 5 years as a PR?

4.  Is there a way to know if one is subject to immigration investigation even after the immigration officer at the port of entry let the person in to Canada before the expiry of his/her PR card?

Thank you very much in advance for your time and effort in giving light to the above questions.

benk

[benk]

Hello again,

I have some additional questions, sorry:

1.  How serious/bad is it if one receives a residency questionnaire?  Can one get it during PR card renewal and citizenship application?

2.  If one receives a residency questionnaire but have concrete proofs (such as bank statements, payslips, rental agreement) to show that he/she is in Canada for 3 years or more before the application of PR card renewal or Canadian citizenship, will they (i.e. immigration) renew your PR card or grant you Canadian citizenship?

3.  Is there somebody in the forum who got a residency questionnaire but was able to get renewed PR card or Canadian citizenship after showing concrete proofs of 3 years or more of residency?

Thx

[Leon]

1.  Do you mean to say that at the port of entry, if the officer would like to report a person for not meeting residency requirement, he will give you the paper work right there and then?  What does it mean if the officer just let you in (without any paper work) after secondary inspection -- does it mean you are still a PR and your status is fine (even after the expiry of your PR card)?

Yes, they should give you paperwork right away.  If they let you in without paperwork, it means you are still a PR, not under investigation and your status is fine.

2.  If a person who cannot fulfill the residency obligations for the first 5 years as a PR but manages to get into Canada (after being sent to secondary inspection at immigration at port of entry) before the expiry of the PR card and then stays in Canada for a full 3 years or more, can he/she apply for PR card renewal and citizenship with no problems?

Yes, I quoted the manual above.  If a PR arrives in Canada after many years away, gets in without getting reported, stays for 2 years, then applies to renew PR card, they can only look at the last 5 years, they must admit he meets the residency requirements for that period and renew his PR.  After one more year, he can apply for citizenship.

3.  Is there somebody in the forum who was successful at applying for PR card renewal or Canadian citizenship after staying in Canada for 3 years or more but initially cannot fulfill the residency requirements in the first 5 years as a PR?

I have seen people post about that.

4.  Is there a way to know if one is subject to immigration investigation even after the immigration officer at the port of entry let the person in to Canada before the expiry of his/her PR card?

I don't know if there is a way to see that.  If they don't send you any letters, you are probably not under investigation but if you start enquiring into it, they might take it as a sign that you should be under investigation.  If you stay 2 years and nobody has contacted you about being under investigation, then it is not very likely that you are so you would be safe to renew your PR card at that point.

[Leon]

1.  How serious/bad is it if one receives a residency questionnaire?  Can one get it during PR card renewal and citizenship application?

It will severely delay your application.  You can get it during PR card renewal and/or citizenship application.  You will be asked to an interview and you will have to prove your residency.

2.  If one receives a residency questionnaire but have concrete proofs (such as bank statements, payslips, rental agreement) to show that he/she is in Canada for 3 years or more before the application of PR card renewal or Canadian citizenship, will they (i.e. immigration) renew your PR card or grant you Canadian citizenship?

If you can successfully prove residency, they will have to renew/grant.

3.  Is there somebody in the forum who got a residency questionnaire but was able to get renewed PR card or Canadian citizenship after showing concrete proofs of 3 years or more of residency?

I have seen people post about that.

[benk]

Thank you so much Leon, much is appreciated.

The reason I asked those questions is that my friend (who is a PR) who is currently in Canada would not be able to fulfill her residency requirements in the first 5 years as a PR but has decided to live and work here in Canada for good.  She is even dreaming of becoming a Canadian citizen someday after spending 3 years or more in Canada.  She asked me to asked those questions because she does not want to be surprised/to have problems down the road when applying for her renewed PR card or citizenship after 3 or more years of stay in Canada.  So you mean to say that the immigration cannot look into her residency history from the date she became a PR when applying for a new PR card or citizenship after spending 3 years or more in Canada?

Also, she noticed that there is a question about being permanent resident of another country in the Canada citizenship application.  She was a permanent resident of another country before becoming a permanent resident of Canada.  Do you think she will have any problem when she applies for Canadian citizenship given the fact that she was a permanent resident of another country before becoming a PR of Canada?  Do you know of anybody who was successful at becoming a citizen of Canada given the fact he/she was a permanent resident of another country before becoming a PR of Canada.

Thanks again Leon for all your help to us in the forum.

[Leon]

Being a PR of another country only matters when somebody applies with few ties to Canada and not meeting the res. requirements for citizenship.  In that case, they may look at if the person has been living in and has gained PR of another country while trying to qualify for Canadian citizenship, trying to ride 2 horses so to speak.

[benk]

Hello Leon,

Thank you very much for your responses.  Can I ask you some more follow-up questions?

My friend's questions are:

My friend was a permanent resident of another country more than 10 years ago and then later on became a permanent resident of Canada and she is now in Canada and plans to apply for Canadian citizenship after 3 or more years in Canada.  She never returned to the other country for a long time now to take-up residence in the other country.  Instead, my friend is now is Canada (but would not be able to fulfill residency obligations in the first 5 years as PR) and plans to live and stay here for good.

1.  Do you think her permanent residence in the other country would really affect her citizenship application or PR card renewal later on?

2.  Also, what would be her status after her first PR card expires?  Is she still a permanent resident or will she be out-of-status after PR card expiry?

3.  If she applies to renew PR card or applies for citizenship after 3 or more years in Canada, how would immigration evaluate her application and what are their criteria?

Thank you once again Leon and more power to you.

[Leon]

All of these questions, I have already answered for you but I will repeat once again but this is the last time.  No new questions, no more answers

1.  Do you think her permanent residence in the other country would really affect her citizenship application or PR card renewal later on?

As I said above, unless she applies for citizenship without meeting the residency requirement and has at that time moved to the other country where she has PR, it will not affect anything.

2.  Also, what would be her status after her first PR card expires?  Is she still a permanent resident or will she be out-of-status after PR card expiry?

As I said above and quoted fromt the CIC manual directly, she remains a PR unless they have revoked her PR status in which case they would certainly tell her about it.

3.  If she applies to renew PR card or applies for citizenship after 3 or more years in Canada, how would immigration evaluate her application and what are their criteria?

As I said above, they will evalute her PR application based on meeting the residency requirements in the 5 years previous to her applying.

[benk]

Hi Leon,

Thank you very much for your help.