PR Residency Obligation

[dyc]

Hi,

I have some questions and your advice would be greatly appreciated.
Our family became PR in 2009 and we stayed for only three days and then left the country.
Our PR cards expire on 03/17/2014.
Since landed, I've only stayed in Canada for 5 weeks for business purpose in 2010 and as mentioned the rest of my family stayed for 3 days. We entered and left the Canada by driving across the Canada/US border.
I am currently working on getting a job in Toronto and it looks like it's gonna happen soon.
If I get the offer, the plan is to move to Toronto in late April or early May.

My questions are:
1. Will we be allowed in?
2. If we are allowed in, what’s the chance of us being given 30 days for an appeal as we are deemed not meeting the residency requirement?
3. What would be a better way for entering Canada, by air or by land? Or it doesn’t matter as the systems are all connected and boarder control would be able to find out how many days we’ve spent in Canada?
4. Are the rules still current that when it comes to counting the 730 days the government can only look at your absences from the past 5 years immediately before you apply for renewing your PR. Or the rules have been changed to look at the 5 years right after your first PR becomes effective?

Thanks a lot.

 

[NBaker]

Because you are currently PRs of Canada you must be allowed in to Canada, but you should anticipate when you are answering questions at primary inspection that you will be referred in for a secondary immigration check.

This because you will be telling the officer on primary inspection the reason for your visit and now long each family member has been out of Canada. If you do not and it is later learned misrepresentation is a possible allegation.

If the secondary officer determines that there is a residency concern, a report may be written with departure orders would be issued, but you could enter and remain in Canada at that time.

An admissibility hearing should then be arranged to determine if you have in fact met residency or have failed to do so.

If it is found you have failed to maintain residency you may lose your permanent residence status, but may appeal that decision if no other exception exists i.e. serious criminality. The appeal could result in a stay of removal or uphold the order and require you and your family leave.

If told you must depart then you may not work in Canada since you would require a work permit just as any other foreign national wanting to work in Canada.

Finally if told to leave you must do so within 30 days of the order coming into force otherwise the order will become a deportation order.

There are some variations to this, but this is the general process.

 

[dyc]

NBaker,

Thank you for the info.
What about my previous Question 3 and 4?

My other questions are:
5. What's the chance of getting 2nd PR approval by re-applying from scratch if I lose my first PR? Has anyone done that before?

Thanks.

 

[Leon]

Most say that it is better to enter by land. If you do, you should preferably be driving a rental car with Canadian plates to avoid arousing suspicion. You can get one of them in any big city close to the border like in Buffalo I would assume.

They may ask you how long you were outside Canada or they might not. They do not have complete records of where you have been staying. They can see the stamps in your passport but since they are just taking up exit checks, they don't have complete information for who exited when in past years. They could however see if you left Canada and entered another country and got a passport stamp from there.

They can report you if they don't think you meet the residency requirements, however, it doesn't seem to be very common for them to do that. You will probably get in without incident.

The rules are still that they only look at the previous 5 years counting from your renewal application. If you stay for a full two years and then apply, you are good.

As for your last question, if you lose your old PR, you have the same chances as everybody else for applying again, no more, no less. It is however possible that the immigration class you applied under back then has been closed or that you don't qualify for it any more so you might have to find another way.

 

[SenoritaBella]

Hi,

My questions are:
1. Will we be allowed in? Yes, but you may get a stern talking to for not meeting residency obligations.
2. If we are allowed in, what's the chance of us being given 30 days for an appeal as we are deemed not meeting the residency requirement? The officer may or may not report you. But you will be able to appeal.
3. What would be a better way for entering Canada, by air or by land? Or it doesn't matter as the systems are all connected and boarder control would be able to find out how many days we've spent in Canada? With a valid pr card, either way is fine. With an expired card, entering by land is the better option and you will need your COPR.
4. Are the rules still current that when it comes to counting the 730 days the government can only look at your absences from the past 5 years immediately before you apply for renewing your PR. Or the rules have been changed to look at the 5 years right after your first PR becomes effective? They look at the preceeding 5 yrs before you renew your card.
Thanks a lot.

 

[dyc]

To both Leon and SenoritaBella, thanks a lot for the info!!!

And what is COPR as SenoritaBella indicated in the response?

 

[SenoritaBella]

To both Leon and SenoritaBella, thanks a lot for the info!!!

And what is COPR as SenoritaBella indicated in the response? COPR = confirmation of permanent residence - it's the document you signed infront of an immigration officer the day you landed.

 

[NBaker]

NBaker,

Thank you for the info.
What about my previous Question 3 and 4?

My other questions are:
5. What's the chance of getting 2nd PR approval by re-applying from scratch if I lose my first PR? Has anyone done that before?

Thanks.

Chances of obtaining PR status from the start depend on whether you meet all requirements to do so when and if you are required to do so again.

Consider carefully the information provided here by all who respond to questions and how you ultimately decide to proceed in your circumstances. The suggestion provided to do something not to arouse suspicion is concerning since you yourself have indicated your own concern about your residency status in a quite public way.

 

[Want to know]

I think you and yr fly are ok as long as you enter and remain in Canada ASAP.Your fly, since they stayed for only 3 days, may be short of a few days of the required 2 years.

 

[loggan]

I really support the previous submission.
If dyc enters before about 21st april, with 5 weeks he stayed in Canada I dont anticipate any problem.he will still have the chance to stay 2 in 5 years as reqd. Only issue is the rest of the family. He can always sponsor these if they lose thier status , I presume.