Validity of PR obligation on Port of Entry

[ajiemher]

Hi,

I have few questions and I hope somebody can help me.

1. Can I enter Canada despite failing to meet the 2 yr minimum residency requirement?
2. If I enter Canada while failing to meet the 2 year minimum residency, will I be deported on the port of entry or I can stay inside the Canada for some time or until the PR card expires?
3. If I get deported on the POE because of failure to meet the 2 yr physical presence requirement, will it affect any future application for sponsorship for permanent residency that may be filed by my wife.
4. Can my wife who was able to retain her PR status file for sponsorship in order for me to have a permanent residency again?

Regards,
Ajie

[thaiguy]

1.  If your PR card is still valid, yes.
2.  You can stay until the PR card expires.
3.  Your wife's PR status isn't affected by yours.
4.  Yes.

[PMM]

Hi

1.  If your PR card is still valid, yes.
2.  You can stay until the PR card expires.
3.  Your wife's PR status isn't affected by yours.
4.  Yes.

You should note that if the OP doesn't meet his residency obligations, he will be reported at the POE.  He will be allowed forward with a certificate of departure for 30 days in the future.  He will either have to submit an Appeal to the Immigration Appeal Board or leave Canada. The IO when report the OP is supposed to canvass any H.& C. grounds as to why the PR should not be reported.  The expiry date of the PR card means nothing, as a person could "land" 01/01/03 and their card would be valid to 01/01/08, but they left Canada the same date and didn't return for over 3 years, their card would still be valid, but they would not longer have PR Status.
The OP should read: http://www.cic.gc.ca/english/resources/manuals/enf/enf23e.pdf

PMM

[thaiguy]

Thanks, PMM.

[emiliano]

How would the immigration at the port of entry know that the individual was absent for more than three years.  i.e how can they challenge the individual assertion of not being away for more than 2 years?

[Leon]

That is an interesting question.  I know Canada shares information with the US so if you went through the US on your way out, your date of leaving Canada would be registered through there.  I don't know if they share information with anybody else but if they were suspicious of you, they can probably find out from the CRA if you have been filing income tax.  If you are not making any money, then you can't support yourself unless you are doing something illegal which is also bad.

Another thing if you take the chance of lying to them is that if they ever find out, you have committed immigration fraud and will be stripped of your PR, even citizenship if you managed to get it already.  Immigration fraud is about the only thing that can lose you your citizenship.  Also, you would probably not have much of a chance of ever getting PR again in the future.

If somebody had a still valid PR card but lost PR status through being away too long, I would tell them to try going to Canada on their card and see if they could get away with it, as long as they didn't lie about anything.  If they got in, I would tell them to stay until their residency requirements are met before they apply for a new PR card or even better, stay for 3 years and apply for citizenship.  Since your card is expired, you don't have that option.  You will have to apply for a travel document where you make the concious choice if to lie about your absences or not.

[emiliano]

Thanks Leon.  I understand my PR is gone, and I already took the decisioin to not even try to enter when the card was valid.  Didn't seem attainable for me without lying at the the border point, and am not good at lying among other many things am not good at .  I am already talking to the lawyer for H&C.  He said I have a very good chance, but needs to be done once am ready to return as its not reasonable to do it and not return.  Actually I got so curious when I read the initial post, that is why I posted this question.  From what I"ve read here, if you have left Canada not through the US borders, then there is no way to challange a story at the border point, unless they have some sort of an online system with the CRA (possibly).  I think the most practicle way they can find out is stamps on an individual's passport.  Or may be they record people entering Canada (but see this to be uselss if they don't record ppl departing).  Am not sure actually what kind of questions they raise at the border point other than how long have you been away, and I remember you mention that in the little customs papers only.

[Leon]

They scan your passport and PR card every time you enter so for sure they have all your entry dates.  As for departure dates, if they are working with the US, how would you know who else they are working with?  Maybe they have a database on airline passengers or something.  I have an EEA passport so when I go to Europe I go in the EU line and I get no stamps on it.  I would still not take the chance to lie to them in case they have a way of finding out.

I can not remember the last time if they asked me specifically how long I was gone.  Probably they did but in the form of a friendly chat about how my vacation had been and yes, there is the little customs report.  If you had been in and out of Canada a few times even if you did not fill your residency, if you were there last a year ago and they asked you how long you were gone and you said one year, you would not be lying.

[emiliano]

I totally agree with you, but if they are suspicious for some reason, I guess they would be asking a more direct question like, "did you stay in Canada for 750 days in the past 5 years"?  There is no way to espcape this direct question with a political answer without lying.  And for ppl who were away for say 4 years and still carry a valid card if they are asked how long have you been away? there is no way to escape such a question.  It is either they tell the truth and go for an appeal (remote success rate) or take the chance and lie hoping that they will not be discovered later.  If they get discovered they are screwed for life.  That is a huge risk to take. 

[ghiaskhan]

stay in Canada for 750 days in the past 5 years is a
requirement  for the purpose of obtaining Citizenship (Canadian Passport). If your PR is valid its not a big deal to re-enter Canada. If you don't fulfil 750 days condition you will not be able to apply for Citizenship.

[Leon]

stay in Canada for 750 days in the past 5 years is a
requirement  for the purpose of obtaining Citizenship (Canadian Passport). If your PR is valid its not a big deal to re-enter Canada. If you don't fulfil 750 days condition you will not be able to apply for Citizenship.

The PR status and PR card are not one and the same.

The residency requirement to keep PR status is living in Canada for at least total of 730 days in any 5 year period, that is 2 years.  If somebody got PR status in Canada and got a PR card which is valid for 5 years, lived in Canada for 2 months, then left, he can not come after 4 years, even if his PR card is still valid because he has lost his PR status by being gone for so long.  Very likely, immigration would stop him and tell him that his PR status is revoked and he will get the chance to appeal but I have heard that success of such appeals is very low.  If he got into Canada and decided not to apply for a new PR card until his residency requirements are filled, that is after having lived in Canada for at least a total of 730 days in the last 5 years previous, he might get away with it.  So basically, you can have a valid PR card but invalid PR status for being gone too long.

In the same way, you can have valid PR status but invalid PR card, say lived in Canada but you had to make an emergency trip and stay longer than you thought and your PR card expires overseas.  As long as you were not gone for more than 1095 days in the previous 5 years, you can apply to CIC for a PR travel document to return and once you are back in Canada, you renew your PR card.

The requirements for citizenship are having lived in Canada as a PR for total of 3 years (1095 days) out of the last 4.