A valid reason for appeal?

[bobbyjones]

Hi,

I have been granted my permanent residency for more than five years. However, in the past few years, I stayed in the United States to pursue a degree in the higher education.

I know that I fail the "730 days rule", so I need to go through the the appeal procedure if I move back to Canada. Would it be possible that I can get my PR status back?

Thanks a lot.

 

[Leon]

Immigration is not all knowing so when you enter Canada, it is very unlikely that some alarm will go off and tell them that you do not meet the residency obligation. Of course they may have suspicions.

Depending on how much time the immigration officer has for you and what kind of mood they are in as well as how they like your answers to their questions, they could decide to report you for not meeting the requirements if they believe that is the case. If they do, you will have to appeal for your PR and unless you had mitigating circumstances for not meeting the requirements, then you will likely lose your appeal. Studying abroad is generally not considered a good reason not to meet the requirements.

If they do not report you as you enter, you are still a PR and should stay in Canada for 2 years straight at which time you meet the residency obligations again and you should not try to renew your PR card before that.

 

[bobbyjones]

Leon,

Thanks a lot for your answer.

If I need to go through the appeal procedure, how long will the whole process take?

Thanks again.

 

[Leon]

I do not know how long the appeal procedure takes but it is not that common for people to get reported though. It is more common to be given a lecture, even being told that you have already lost your PR. Some people even had their PR cards taken away which the immigration officer really has no right to do. However, if you are not reported, you keep your PR status.

If you do get reported, they allow you to enter but give you 30 days to make your appeal. What happens after that, I am not so sure.

 

[bobbyjones]

Since I do not even have the PR card, I think I will definitely get reported.

I only have the "IMM 1000" and "SIN". Even if I manage to cross the border from the US without being reported, would these things be enough for me to open a bank account and find a job in Canada?

I truly regret my youthful rebelliousness. My parents are old now and I want to take care of them. That is the only reason why I want to stay in Canada.

Heartful thanks for Leon for answering my questions.

 

[Leon]

Are you visa exempt to Canada? If you are, you could enter without telling them that you are a PR. If you don't have the same passport, even if they scan it, they may not realize you are a PR and will therefore not ask for your papers. You could say you are just coming for a visit. If you ever get called on this later, you can say that during the visit, you changed your mind and decided to stay on.

I heard of a case of a man who gained his PR as a child, then moved with his parents to the US. Years later, he came to visit Canada. The immigration officers gave him a hard time realizing he was a PR and told him that he could visit Canada but upon coming back to the US, he should renounce it at the Canadian embassy. You see, they did not report him. Had he wanted to, he could have stayed on for 2 yrs. and revived his PR status.

Otherwise, you can also enter on the land border with your IMM1000. You can be prepared for a bit of a hassle but I have heard of people doing that. Apparently there is no law that says that a PR must have a PR card to travel through at the land border.

 

[bobbyjones]

Yes, I am visa-exempted to Canada, but I will fill in the forms and answer any questions honestly when I cross the border.

If I am looking for a job in Canada, would it be fine if I do not have the PR card?

My score is 77 in the self assessment test, so I should meet the basic requirements for re-applying for immigration, but I am looking for a less tormented way to get back to stay with my parents.

 

[Leon]

As long as you can show your landing papers, you can prove to employers that you are allowed to work but actually, your SIN should be accepted because temporary workers and students get a SIN that starts with a 9 and needs to be renewed every now and then.

Applying as a skilled worker now is a bit more than just passing the self-assessment. In any case, they are changing that immigration class and will post more info in January. However, if you end up losing your PR and have to immigrate again, as long as you can get a job offer, it should not be a big deal.