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Cannot fulfill residency obligations anymore

vensak

VIP Member
Jul 14, 2016
3,866
1,008
121
Category........
Visa Office......
Vienna
NOC Code......
1225
Job Offer........
Pre-Assessed..
Actually there was something:
When I landed in Montreal on Oct 31 I got my PR card scanned at one of the kiosks, answered all the questions, took the white printout and showed it together with the PR card to a border officer. He asked me "When did you leave Canada". Not being prepared for such a question I got uncertain for a short moment but tried to remain calm. I answered "End of September" which was not correct since I actually left by the end of August but I felt it would be better to mention a date which was not too long ago and after the PR card was issued to me. He did not ask any further question, made some kind of marking on the printout and let me pass. Of course I did not feel good, since I was actually lying to a Canadian official. However, as far as I observed it, he did not write down anything, or made any kind of recording.
Ok you made yourself a potential big big problem. That answer may have been entered into the system as a comment to your return to Canada. So yes for next 5 years from October 2019 I would not try to renew your PR card if I were you. One of the thing you must mention and prove correctly for your card renewal is days stayed in Canada (so that would be showing leaving or returning stamps in your passport and flight tickets). And yes they can come across that statement from October and find inconsistency.
Once that is passed chances of that to be discovered are much smaller (as you are not asked about details that are older than 5 years ago).
 
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timbolino

Newbie
Jan 16, 2020
7
0
Ok you made yourself a potential big big problem. That answer may have been entered into the system as a comment to your return to Canada. So yes for next 5 years from October 2019 I would not try to renew your PR card if I were you. One of the thing you must mention and prove correctly for your card renewal is days stayed in Canada (so that would be showing leaving or returning stamps in your passport and flight tickets). And yes they can come across that statement from October and find inconsistency.
Once that is passed chances of that to be discovered are much smaller (as you are not asked about details that are older than 5 years ago).
OK, I understand and I had that in mind as well. But I don't know how they should have recorded the answer that I have given the last time I entered. I mean, the officer did not take any note, he did not write down anything and he did not have any computer or electronic device with him to make any recordings. He was just standing there and having a look at the printouts that people get from the electronic kiosks after having their passports / PR cards scanned. Since everything seems to be electronic now at Trudeau Airport you don't even get a stamp into your passport anymore.
 

vensak

VIP Member
Jul 14, 2016
3,866
1,008
121
Category........
Visa Office......
Vienna
NOC Code......
1225
Job Offer........
Pre-Assessed..
OK, I understand and I had that in mind as well. But I don't know how they should have recorded the answer that I have given the last time I entered. I mean, the officer did not take any note, he did not write down anything and he did not have any computer or electronic device with him to make any recordings. He was just standing there and having a look at the printouts that people get from the electronic kiosks after having their passports / PR cards scanned. Since everything seems to be electronic now at Trudeau Airport you don't even get a stamp into your passport anymore.
ok they do have video surveillence on airports, but it seems that you were lucky. Again best advice is not to try such stupidity again. good luck.
 

Copingwithlife

Champion Member
Jul 29, 2018
2,575
1,032
Earth
Thanks for your replies. Maybe I should add something:
Last weekend I received some mail (I mean by postal service) from Canada Revenue Agency. It was 4 letters, each of them with the following subject line: "Goods and services tax/harmonized sales tax credit (GST/HSTC) notice" resp. "Goods and services tax/harmonized sales tax credit (GST/HSCT) and Saskatchewan low-income tax credit (SLITC) notice".
The text of each letter says: "We determined that you are no longer eligible to receive GST/HSTC/SLITC payments. Please see the Explanation section for more inforation." Each letter refers to a separate payment period:
1. Jul 2016 - Jun 2017
2. Jul 2017 - Jun 2018
3. Jul 2018 - Jun 2019
4. Jul 2019 - Jun 2020
So basically these letters cover all the time since I became permanent resident.
And on the rear side of each letter it reads:
"You are no longer eligible for the GST/HSCT/SLITC for July 20XX to April 20XX for the following reason: - residency requirement not met"
Any idea what this means?
Fun fact: each letter mentions my new SIN, which was given to me in November but the letters were sent to my address in Germany although my new SIN is linked to a Canadian address. Apparently CRA was clever enough to link it to my "old" account - the one that I had while I was temporary resident and which I updated with my German address after I had left Canada back in 2014.

Due to this I'm actually afraid that government authorities do already know that I have already violated residency obligations. What do you guys think?
Your old SIN & new SIN are always kept together . Just because you get a new SIN doesn’t mean your old SIN is cancelled and recirculated into the system . Otherwise someone else could be inadvertently assigned that SIN. It’s still assigned to you , but now dormant assigned to you
As for getting those notices from the CRA
This is why . That information gleaned from the kiosks is disseminated to other Government departments to enforce that departments legislation
That why there’s this on the custom card
“This information may be disclosed to other government departments and agencies, police forces and other Countries to administer or enforce Canadian Legislation.”
Btw, if the CRA has that information regarding noncompliance even though it’s another department rules, dime to a dollar , the IRCC has it.....
Btw, if the officer collecting the kiosks declarations wanted someone to look into it, he’d have slashed it with a marker , and directed you to someone to have a closer look in immigration. Don’t know what’s it like in Montreal , but after you pass the officer in Toronto , you see someone asking people to hold up there customs cards as they pass to go to baggage collection. They are looking for slashes or certain computer generated codes That information you gave wouldn’t be on your record
 
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fswevaluation

Star Member
May 7, 2014
198
23
Category........
Visa Office......
CPC-OTTAWA/ NEW YORK
NOC Code......
3142
Job Offer........
Pre-Assessed..
App. Filed.......
9th June 2014
LANDED..........
6th July 2015/Toronto
Imagine, if a person, say John, with valid period of 8 months on the PR card enters Canada by air and doesn't get reported at the airport for not meeting the RO by CBSA --and if that person chose to not leave canada for the next two years by finding a job, will CBSA or IRCC take notice of any information from any one in Canada that John doesn't meet RO?

Please advise, thanks
 

fswevaluation

Star Member
May 7, 2014
198
23
Category........
Visa Office......
CPC-OTTAWA/ NEW YORK
NOC Code......
3142
Job Offer........
Pre-Assessed..
App. Filed.......
9th June 2014
LANDED..........
6th July 2015/Toronto
Provided you don't interact with IRCC by requesting a renewed PR card or a sponsorship, they won't notice if you're not reported at the border.
I understand that part but what about a third party like an employer or landlord or a neighbor informing the IRCC or CBSA? Thanks
 

k.h.p.

VIP Member
Mar 1, 2019
8,378
2,017
Canada
I understand that part but what about a third party like an employer or landlord or a neighbor informing the IRCC or CBSA? Thanks
It's not illegal to be in Canada on breach of your RO. CBSA would have been required to let you in the country, so you are necessarily interacting with them at least once.
 

fswevaluation

Star Member
May 7, 2014
198
23
Category........
Visa Office......
CPC-OTTAWA/ NEW YORK
NOC Code......
3142
Job Offer........
Pre-Assessed..
App. Filed.......
9th June 2014
LANDED..........
6th July 2015/Toronto
I understand now. Thank you very much
 

timbolino

Newbie
Jan 16, 2020
7
0
[...]
Btw, if the CRA has that information regarding noncompliance even though it’s another department rules, dime to a dollar , the IRCC has it.....
[...]
Thanks for taking up the CRA issue...
Well, sounds logic, but if IRCC has that info, shouldn't I have received some notification from them already? Informing me that they started processing my PR status being taken away from me?
 

k.h.p.

VIP Member
Mar 1, 2019
8,378
2,017
Canada
Thanks for taking up the CRA issue...
Well, sounds logic, but if IRCC has that info, shouldn't I have received some notification from them already? Informing me that they started processing my PR status being taken away from me?
They may not act on it; they have "access" to all kinds of information, but they can't start taking your status away until you are reported.
 
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canuck_in_uk

VIP Member
May 4, 2012
31,596
7,107
Visa Office......
London
App. Filed.......
06/12
Thanks for taking up the CRA issue...
Well, sounds logic, but if IRCC has that info, shouldn't I have received some notification from them already? Informing me that they started processing my PR status being taken away from me?
IRCC doesn't know what CRA knows. They don't just share information. IRCC would have to actually send a formal request to CRA for information about you and they are not going to do that without cause.
 
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timbolino

Newbie
Jan 16, 2020
7
0
IRCC doesn't know what CRA knows. They don't just share information. IRCC would have to actually send a formal request to CRA for information about you and they are not going to do that without cause.
A friend of mine assumed that it was actually IRCC that gave that information to CRA. How likely do you think is that?
 

k.h.p.

VIP Member
Mar 1, 2019
8,378
2,017
Canada
That's not correct . I worked for a time in the EI call centre . ESDC would routinely get information from the CBSA regarding people's travel patterns if they were out of the country , claiming benefits that they weren't entitled to
That is why I posted above . Information is routinely shared from the CBSA to other government departments to enforce legislation . The disclaimer is on the customs cards
ESDC and CBSA have an information sharing agreement that is specifically related to the administration of the EI program and its provisions about not being allowed to receive EI while outside of the country.

It may seem counterintuitive because it's all government, but different agencies have to have information sharing agreements spelled out with each other. Part of that information sharing agreement is clear communication about how and when information will be shared - and that communication has to be given to the client. When I once applied for EI, the CBSA information sharing was extremely clearly communicated.

Additionally, I'm not entirely certain if the IRPA or the Regulations have provisions for acting on information received to start proceedings to remove PR status other than through an A44 report. They would need to have a way for a Minister's Delegate to take action without a report being made.