Customs declaration form: Canadian resident or visitor?

[barabashka]

Hi all,

I am a PR since July 2010, but in April 2012 I started working abroad and since then I come back to Canada every few months for 3-4 weeks.
When I fill in the declaration form, I usually was stating that I am a resident of Canada and indicating the day I left Canada last time, as well as my Canadian address were I lived before taking up the position abroad, and where my spouse still lives. I do stay at this address for these 3-4 weeks every few months when I come to see my spouse and accumulate some days in Canada toward my PR obligations.

However, last time I entered Canada the officer was not happy with me filling the declaration form this way. He said that since I spend most time of the year abroad now, I have to indicate on the form my address abroad, and should fill in the form as a visitor, not resident of Canada. He said I should fill in the form as a visitor until I come back to Canada to live permanently.
I asked if this is not going to be a contradiction to me being PR - he said no.

What do you think? Should I indeed fill in the form as a visitor and indicate my address abroad? Is it important what I indicate there?

Many thanks!

 

[xse2573]

Hi all,

I am a PR since July 2010, but in April 2012 I started working abroad and since then I am coming back to Canada every few months for 3-4 weeks.
When I fill in the declaration form, I usually was stating that I am a resident of Canada and indicating the day I left Canada last time, as well as my Canadian address were I lived before taking up the position abroad, and where my spouse still lives. I do stay at this address for these 3-4 weeks every few months when I come to see my spouse and accumulate some days in Canada toward my PR obligations.

However, last time I entered Canada the officer was not happy with me filling the declaration form this way. He said that since I spend most time of the year abroad now, I have to indicate on the card my address abroad, and should fill in the form as a visitor, not resident of Canada. He said I should fill in the form as a visitor until I come back to Canada to live permanently.
I asked if this is not going to be a contradiction to me being PR - he said no.

What do you guys think? Should I indeed fill in the form as a visitor and indicate my address abroad? Is it important what I indicate there?

Many thanks!

In my own opinion, you MUST NOT fill visitor at all. If you are a Permanent Resident and you are outside, you are still a permanent resident until your status expired or you didn't meet the renewal requirement.
If you fill in "visitor" your days spent in Canada as a visitor won't and will never count.
Don believe all you hear from these people.

Good Luck my friend

 

[barabashka]

Really???
I thought each day I spend on Canadian soil should count toward my residency obligation? I did not see anywhere that you must fill in the "resident" on the declaration form in order for these days to be counted?
He asked where I work in Canada, and I honestly said that I work abroad since April last year, and that I know that I should return more or less until summer 2015, given that I have already spent almost 2 years in Canada after becoming PR plus some additional time that I accumulate with these visits...
Any more opinions about it? I am not sure what should I indicate on the form next time to be honest...

 

[scylla]

If you fill in "visitor" your days spent in Canada as a visitor won't and will never count.

Not true. These days still count towards maintaining PR status.

 

[barabashka]

Not true. These days still count towards maintaining PR status.

Thanks scylla! I almost had a heart attack thinking that I will not be able to count these days.

What would you recommend indicating on the card? I think maybe to indicate my address abroad but still tick the "resident" box and a date when I left Canada the last time?
Unhappy officers that claim that I provide a wrong information on the form, while I am trying to do everything right and be honest is a stressful experience...

 

[Msafiri]

If you are visiting then declare visitor if residing in Canada then declare resident - CBSA agent is correct.

 

[xse2573]

Not true. These days still count towards maintaining PR status.

I really DO NOT think you are correct on this one!!!...

Well I am not an Immigration Officer who will approve or Disapprove
but one thing I can tell you CORRECTLY my friend, IT DOESN'T COUNT!!

 

[Msafiri]

I really DO NOT think you are correct on this one!!!...

Well I am not an Immigration Officer who will approve or Disapprove
but one thing I can tell you CORRECTLY my friend, IT DOESN'T COUNT!!

Residency obligation - Immigration and Refugee Protection Act

28. (1) A permanent resident must comply with a residency obligation with respect to every five-year period.

Marginal note:Application

(2) The following provisions govern the residency obligation under subsection (1):

(a) a permanent resident complies with the residency obligation with respect to a five-year period if, on each of a total of at least 730 days in that five-year period, they are

(i) physically present in Canada,

(ii) outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent,

(iii) outside Canada employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province,

(iv) outside Canada accompanying a permanent resident who is their spouse or common-law partner or, in the case of a child, their parent and who is employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province, or

(v) referred to in regulations providing for other means of compliance;

(b) it is sufficient for a permanent resident to demonstrate at examination

(i) if they have been a permanent resident for less than five years, that they will be able to meet the residency obligation in respect of the five-year period immediately after they became a permanent resident;

(ii) if they have been a permanent resident for five years or more, that they have met the residency obligation in respect of the five-year period immediately before the examination; and

(c) a determination by an officer that humanitarian and compassionate considerations relating to a permanent resident, taking into account the best interests of a child directly affected by the determination, justify the retention of permanent resident status overcomes any breach of the residency obligation prior to the determination.

The 'visitor' days count as its a physical presence regardless of customs declaration - its what the law says!

 

[barabashka]

Thanks friends...

Wow, so different opinions on such apparently a straightforward issue...

I guess there are quite many people that are in the same situation as I - PRs that visit Canada from time to time to accumulate days for PR obligation and visit their family - but spend most time of the year abroad.
What you guys indicate on your custom declaration forms???

 

[torontosm]

Thanks friends...

Wow, so different opinions on such apparently a straightforward issue...

I guess there are quite many people that are in the same situation as I - PRs that visit Canada from time to time to accumulate days for PR obligation and visit their family - but spend most time of the year abroad.
What you guys indicate on your custom declaration forms???

It's, as you said, very straight forward. You don't live in Canada, so you are a visitor. There is nothing more to it.

 

[ryan007]

Hi,
This seems to be a new development. over the past five years (almost) since getting my PR I have been in a very similar position to you and have been filling up all details on the immigration form as per my Canadian residency. Not once was I questioned (once even returning after more than a years gap, during the treatment for cancer of my mom), though in this instance I was flagged for a more detailed questioning. My replies and evidence of medical reports satisfied the IO. It seems to be a new way of them looking at cases similar to ours.
Anyways, next month I would be traveling to settle in Canada for good and would not be having a address out of Canada to furnish!!!

 

[barabashka]

Hi

Thanks...indeed this probably a new thing as I have never seen such issue on this forum before. In addition, this is not the first time I visit my family in Canada since I started working abroad and I have never been asked before to indicate that I am a visitor...
They always asked me where I work, and I always told them that I work abroad at the moment, temporary.

Anyway, if it doesn't matter for the residency obligation calculation, I think next time I come (should be in December this year), I will fill in the form as visitor with my address abroad. When I approach the agent, I will specifically ask if the way I have filled the form is a correct one while explaining my situation.

 

[zardoz]

Get two forms. Fill each out differently and offer both to the CBSA agent to decide which one is correct? Just an idea....

 

[Leon]

The concept of being resident in a country has really little to do with holding PR status. Being resident somewhere means that you live there. For taxes, health care etc., you are resident if you spend more than half the year in a certain location. From what you say, you are spending more than half the year outside Canada and therefore, it could be said that you are no longer resident but a visitor in Canada. However, this does not mean that you lose your PR status. As a PR, you may spend up to 3/5 years outside Canada. All days you spend in Canada count towards your 730 day requirement so you don't need to worry about that.

 

[azaman]

Keeping your permanent resident status

"Your permanent resident status allows you to live in Canada, but there is also a time limit on how long you can live outside the country. To keep your status as a permanent resident, you must live in Canada for at least two years within a five-year period."

This is what mentioned in CIC website.

My question is: If anyone does the landing in October 13 then come back after two weeks; then reenter just before touching the three-year mark, i mean, if anyone stays last two years of the five years period. Will it affect the residency?