I still have my PR status but have not met residency obligations for a few years. I have entered Canada a few times with my passport and have not ran into any issues yet. But if I get sent to secondary and the officer finds out I have not met my residency obligations, does he/she have discretion to report my residency obligations? Or do they need to report me by law? How likely is it that they would report me? I plan on living in Canada again, but after I lose my current job, which will probably take another year.
Does CBSA officer have discretion to report your residency obligation?
- Thread starter davidjesse091
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@scylla posted the short, simple answer. Probably covers it.
But to be clear, the risk is that upon arrival at a Port-of-Entry a PR is questioned about RO compliance, and if determined to not be in compliance then subject to RO inadmissibility proceedings which can culminate (while the PR is still there in the PoE) in a decision terminating PR status and the issuance of a Removal Order. That process is initiated by the preparation of an inadmissibility report by one officer, and then concluded by another. Usually, again, while still at the PoE. There is a right of appeal, so PR status is not lost immediately and the Removal Order is not enforceable or effective for at least 30 days, longer if an appeal is timely made.
There are many factors influencing the probability of questioning, and if questioned the factors influencing whether that leads to 44(1) proceedings, and the factors influencing whether that results in a Removal Order. Lots of overlap but different variables involved in the respective steps. As @scylla said, no one can say how likely YOU are to be reported. And trying to quantify the probabilities is very difficult other than recognizing the extent to which certain factors increase the risk. A couple key factors:
-- the more in breach, the greater the probability of being questioned
-- the longer since last entry into Canada, the greater the risk of being questioned
-- the more frequent the PR has entered and exited Canada, should generally reduce the risk of being questioned
If questioned, then
-- the more in breach, the greater the probability of being subject to inadmissibility proceeding, and likewise as to the risk of a Removal Order being issued
-- the more contacts or ties in Canada, can help reduce the risk of being subject to inadmissibility proceeding
-- H&C factors can reduce the risk of being issued a Removal Order
All that said, as @scylla said, again, no one can say how likely YOU are to be reported. A PR in breach is at risk for inadmissibility proceedings and it is very difficult, near impossible to quantify that risk (with some exceptions . . . such as a PR arriving at PoE after a five year plus absence for personal reasons has a high risk of getting a Removal Order . . . in contrast, PR who has been coming and going during their first five years as a PR and who is only a little short of meeting the RO probably has a low risk . . . but in-between, near impossible to say).
How much time have you spent in Canada since landing or in the past 5 years which ever one is applicable to your situation? If you are already not compliant waiting another year to move can seriously impact the probability of being reported. Employment abroad is not usually seen as an H&C factor and more of a personal choice. Nobody can guess that chances of being reported but if you want to lessen your chances of running into problems would not wait a year to relocate if you are already out of compliance.