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Not meeting PR obligations- Road or Air Border Crossing to be used

Sydkadra

Star Member
Jun 28, 2014
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Dear All
I don't meet the 730 day stay-in-Canada residency requirement for meeting the Residency Obligation. Now with a valid PR card until March 2015, I want to enter again Canada with my family ( including school going child) and stay there in Canada permanently as I have detached my self from my present obligations in other country, for a period which can then fulfill the 730-day period for renewal of my PR card with out leaving Canada again until the renewal of the PR.
Previous stay in Canada made approx 100 days which could be added to my stay for the period which is to be required for making 730-day requirement at the time of application for renewal which I will do in 2016.
My question is how can enter the Canada without being noticed of not meeting the PR obligations. Is it better to use the Bus from US ( say New York to Toronto) and enter into Canada or arrive in Canada by Airlines and enter into through the Toronto Airport.
If at either of the above mentioned border crossings, if I am noticed of not meeting the PR obligations, then, what are the chances of being reported by filling in the form 41 by the Immigration officials and if they do, whether they do at the border crossing ( Land Border or Airport) itself before letting us in to Canada.
My position is that I am going to Canada in August 2014 this time to stay there permanently for my Child's education and not leaving Canada at all, however, if I am noticed at the airport or land border crossing and reported for not making the PR obligation, then, I don't want to stay at all and leave Canada permanently not even going through through the process of appeals etc.. and living in limbo about the result.

Now, I need very pertinent feedback from the learned readers of this forum from their and or their friends' experiences which will guide me to decide how to avoid being reported by Border Authorities and maintain my Canadian Residency leading to Canadian Citizenship.

Thank you very much for your time.
 

Leon

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They will allow you to enter but if they suspect or know that you don't meet the RO, they are supposed to report you. However, many IO's seem to not bother with that so it is common that people get in without being reported.

Some say the land border is more relaxed but you can get a strict or a lenient IO at any port of entry. Just depends on your luck.
 

Msafiri

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Nov 18, 2012
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Sydkadra said:
.....Now, I need very pertinent feedback from the learned readers of this forum from their and or their friends' experiences which will guide me to decide how to avoid being reported by Border Authorities and maintain my Canadian Residency leading to Canadian Citizenship.

Thank you very much for your time.
Nothing has changed since you last asked this in June . Everyone's luck is different at the border since you have no control over which agent you find. Read up on the threads in this section of the forum...every 5th post seems to be 'help I want to sneak back in without report what's the best way'. Plenty of detailed experiences.
 

screech339

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Leon said:
They will allow you to enter but if they suspect or know that you don't meet the RO, they are supposed to report you. However, many IO's seem to not bother with that so it is common that people get in without being reported.

Some say the land border is more relaxed but you can get a strict or a lenient IO at any port of entry. Just depends on your luck.
It is pretty sad that the land border agents are not doing their job in reporting those PRs who didn't meet their RO requirements.
 

Leon

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screech339 said:
It is pretty sad that the land border agents are not doing their job in reporting those PRs who didn't meet their RO requirements.
Many of the airport IO's don't report either. It seems common that they give people a hard time but in the end, don't bother report them after all.
 

screech339

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Leon said:
Many of the airport IO's don't report either. It seems common that they give people a hard time but in the end, don't bother report them after all.
I guess that is what happens when you get union involved. They promote laziness in their job performance.
 

newtone

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screech339 said:
I guess that is what happens when you get union involved. They promote laziness in their job performance.
Unions are amazing cause it equals job security otherwise you'd be walking around the street with a bowel in your hand
 

Msafiri

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screech339 said:
It is pretty sad that the land border agents are not doing their job in reporting those PRs who didn't meet their RO requirements.
Leon said:
Many of the airport IO's don't report either. It seems common that they give people a hard time but in the end, don't bother report them after all.
CBSA agent during processing has to detect those whose story raises concerns. Agent has to:

1. briefly interview all arrivals with focus on those who are not Canadian Citizens or Treaty Indians
2. check travel documents for alterations or forgery
3. verify validity of any visas, permits held
4. review declared travel route and match this to stamps
5. check for any inadmissibility issues or warnings (you might have been deported last week and are visitor visa exempt)
6. clarify your customs situation - duty free etc.
7. make an assessment on your credibility and also say your medical situation, funding etc.
8. stamp your passport , place restrictions e.g. medical surveillance, requires TRP

Picture a scenario where an entry port has a couple of wide bodied planes land with circa 1500 passengers. CBSA agent has to clear you in say 2 minutes given above process so the arrivals hall line doesn't stretch back to the runway. Sometimes its hard to blame those agents who don't bother reporting given this requires further paperwork (can you imagine if you add an interpreter to this process where the PR doesn't speak an appropriate level of English/French) and the time pressures above. If you are a CBSA agent who reported regularly you may be processing say 5 arrivals in a shift? Come performance review time it may be a hard sell for you to pitch quality over quantity. Add this the appeal file backlogs at the IAD/ FC. What Parliament should do is review the RO and PR Card validity but its just easier to make it harder for RO roulette playing PRs to get citizenship as one day their luck can and does run out when caught and reported. This is what Bill C-24 does!
 

screech339

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newtone said:
Unions are amazing cause it equals job security otherwise you'd be walking around the street with a bowel in your hand
Job security to the most senior workers. The bottom last hired people are the first to go in any lay off, despite if any of them doing a better job than the senior workers, job performance means nothing. So it promotes laziness among the senior staff knowing your job is safe so long as you got workers with less seniority under you.
 

newtone

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screech339 said:
Job security to the most senior workers. The bottom last hired people are the first to go in any lay off, despite if any of them doing a better job than the senior workers, job performance means nothing. So it promotes laziness among the senior staff knowing your job is safe so long as you got workers with less seniority under you.
Everyone has to start somewhere at the bottom of the totem pole. You work hard even in a union job until you get seniority and then its cruise control from there. :)
 

screech339

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newtone said:
... until you get seniority and then its cruise control from there. :)
You just illustrated my point. Once you get seniority status, you no longer have to work hard to keep your job. That's what the junior workers are for. To protect senior workers from layoff.

Screech339
 

scylla

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newtone said:
Unions are amazing cause it equals job security otherwise you'd be walking around the street with a bowel in your hand
I take it you meant to say "bowl" and not "bowel". :)
 

Leon

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I was kind of wondering about the bowel there too :)

Unions can be helpful but don't always equal job security. I have been in a union and the management still managed to get rid of everybody they wanted to. The union can make it harder to fire people but face it, would you really like to be working where you are not wanted? I don't have a problem either working in an environment where my pay and job security is between me and my supervisor. If I am not working well and they let me go, too bad for me.