PR Obligations. Leon --- please answer.

[KKumar]

Leon,

Here is my situation. I applied for Canada PR and I got the PR in 2011. I did my landing on June 20,2011. I received my PR card with an expiry date of September 12, 2016. After that including the one trip I did for landing I have done a total 5 trips to Canada from June 2011 to April 2014 ( Mostly for Job search). All this trips totaled for about 50 days.

Every time I traveled from USA because I am living in USA. During each of my travel I filled Canada custom form with my USA address and I also filled the number of days of my trip. Now I am planning to move to Canada for good around June 15-16 for good and permanently. Now based on the above information can any one or Leon please answer following questions.

1. If I will move to Canada on June 15-16 will there be any issue from immigration officer asking me or quizzing me ?

2. will this 50 days will be counted in my 730 days requirement when I will renew the PR card.

3. While counting the days of this trip is the partial day like if I reached Canada in night is also counted as full day?

4. Suppose instead of moving to Canada on June 15-16 if I move to Canada in July 20. Am I still OK because I have been in Canada for 50 days.?

5. What will happen if I move to Canada on June 15 for good and after living there I start taking future small 15-20 days trip outside Canada once every six to eight months. Will the immigration officer going to ask me for days requirement every time I enter Canada or will I will have chance to get reported every time? should i worry about these future trips.

6. When renewing the PR in 2016 will the number of days will be counted from June 2016 when I landed or when My PR card expires that is Sept 2016 ?

I will highly appreciate if Leon can answer these questions.


Thanks.

 

[Leon]

1) There shouldn't be a problem because you will be moving less than 3 years after you landed which means it would not be physically possible for you to be in breach of the RO, even if you had not spent as much as 1 day in Canada. However, the IO could advise you that you must stay in Canada for the next 2 years in order to meet the RO in your first 5.

2) Yes, as long as you apply less than 5 years after you landed. Days you spent in Canada more than 5 years ago at the time you apply will not be counted.

3) Yes, for PR RO, any part of a day spent in Canada counts as a full day.

4) Yes but the IO could give you problems in that case if they believe that you do not meet the RO.

5) If the IO makes a note on your file when you arrive that you have been outside for 3 years already, it is possible that you will be questioned upon each return. However, if you can show the boarding card from when you left that it was a short trip, I doubt you will be reported for it. Keep in mind that as you spent 50 days in Canada, you can spend max. 50 days outside. However, you should try not to cut it close with the residency requirements and leave yourself a bit of a buffer in case of miscalculated days etc.

6) If you apply to renew your PR card within 5 years of your landing, that is before June 20th 2016, they will examine if you have a chance to meet the RO in your first 5 years or if you already did. If you did not spend 730 days in Canada yet at that point but still could if you don't leave, they may decide to delay your application to see if you do. It is better to apply with 730 days in Canada already and no more than 1094 outside. If you apply to renew your PR card after more than 5 years, for example July 20th 2016, they will count back and examine the period of the past 5 years which would be July 21st 2011 to July 20th 2016.

 

[KKumar]

Leon,

Thanks for you detailed and informative answers.

 

[KKumar]

Leon,

If you see above I have explained my PR situation. Intially As mentioned above I was planning to move to Canada around June 15-16, but now due to some personal reasons I may have to delay my moving by couple of weeks that is around June end or July first week. But as you will see above, in last three years I have spent almost 50 days in Canada. ( with my last trip in april 2014 for 7 days )

Now my question is that if I move around end of june or start of july you think that IO at entry can create any issue for me ?? Also every time I entered and left canada I have stamp on my passport by which I can show as how many days I was present in canada in last 3 years if I am asked.

Leon your advice and opinion will be higly appericaited.

 

[Leon]

The closer you cut it with the days, the more likely you are to have problems but if you can prove to them with your passport that you have enough days in Canada to make up for the couple of weeks later arrival, it is unlikely that they will report you. Most likely you won't have any trouble at all but if they ask you about the residency requirements and meeting them, you can say that you are aware of that and are going to stay for good this time.

 

[KKumar]

Leon,

As always..thanks for your informative answers...I have few more question if you can help answering it. I am going to go to Canada next week for a Job interview in Vancouver and then later this month i am planning to move to Canada for good. As you know that this time I will be technically be entering Canada little over three years from my date of landing ( precisely 3 years 15 days) but in past three years I have 5 trips to Canada which totals to 48 days. I am quite sure of getting this Job. I would have moved for good in this trip itself but the company I am interviewing did not gave me much lead time for attending the interview, which forced me to plan this short quick interview trip for one week before my final move to Canada.

Now my question are as following:

Should I fill up the custom form as resident or visitor? In past I have filled up the form as visitor. ( Hope those days are counted towards RO)

I will be landing in Vancouver. What home address should I fill in custom forms- One where I live at present in USA or the place ( hostel/hotel) I will be staying in Canada or can I even fill up my home address from my original home country ( I am not US citizen).

And after interview ( for interview purpose I will be there for a week) I am planning to comeback to US and pack my stuff and move back to Canada for good towards the end of this month. Is this going to create any issue a POE with immigration officer?

Also will it be better to go through the automated machines or through the regular immigration counters?

Any information form you Leon will be highly appreciated as always.

Thanks.

 

[Leon]

Fill out the forms as a visitor because you haven't moved yet. If asked, explain that although you have lived outside for almost 3 years, your trips to Canada in the meantime cause you to still meet the RO and yes, even time spent as a visitor counts towards the RO and that you have a job now and will be moving to Canada very shortly.

There is no foolproof way to enter. You could go to an automated kiosk and still get pulled out and sent to secondary inspection.

 

[KKumar]

Hi Leon,

Thanks for all your answers in past....I have couple of questions.....I am now in Canada and i am in such a situation that I will have to live continuously in Canada to complete my 730 days for RO. i have following question: ( FYI- I landed just on time so that when my 5 years happens i will have 730 days)

1. If I get married someone who lives in Canada who does not have PR can I sponsor my wife ?

2. I at present have a job in Canada. I joined them just couple of weeks back. My company is a Canadian company. My company is planning to sent me abroad in one of there branches for a project work for a time period of 3-6 months ( but they will send me at the start of next year), If I go will those days will be counted as days for RO ?

any information will b e helpful...

Thanks

 

[Leon]

1. Yes, as long as you meet the RO which includes being able to meet it by the time you reach your 5 years as a PR, you can sponsor your wife.

2. No, the days abroad will not count towards your PR. You will have to tell your supervisor that you can not travel. If you lose the job over it, at least you keep your PR. If you lose your PR because you took that trip, you will lose the job anyway.

 

[KKumar]

Leon,

Thanks for your answer.....is it not that if you are working for a Canadian Company abroad are counted day against RO. I am little confused. is that they have to transfer me to their branch abroad or there is certain time limit that I have to work abroad so as to count those days for RO. Please advice.

Thanks.

 

[scylla]

Leon,

Thanks for your answer.....is it not that if you are working for a Canadian Company abroad are counted day against RO. I am little confused. is that they have to transfer me to their branch abroad or there is certain time limit that I have to work abroad so as to count those days for RO. Please advice.

Thanks.

For the days to count, the company would have to transfer you to a permanent position outside of Canada. Business trips don't count.