eTA at the border

[dpenabill]

Hmm, so basically if I change my mind and stay, and then apply for my PR card,2 years down the line i'll be charged with misrepresentation? :/

I would not conclude that.

And, in particular, there will be no accusation of misrepresentation if there was no misrepresentation made.

Presenting a valid passport to the PoE official does not in itself constitute making any representation other than it is a valid document and it is your passport, you are the person identified on it. Beyond that, you answer the questions put to you. Answer them truthfully, there is no misrepresentation. If the official waives you into Canada, no misrepresentation.

If however the officer asks questions about PR status, or about how long you have been abroad, or how long in Canada, the traveler needs to be truthful in answering those questions.

If you are coming for a visit, even if in the back of your mind you might consider staying, and then later decide to stay, that is no misrepresentation.

On the other hand, though I doubt it happens at all often, probably quite rare, the border officials can examine the content on your smart phone or laptop or such, and if they find text messages indicating you plan to stay, and you were insistent you were just visiting, no rocket science necessary to predict how that is going to go. Or they see emails in which you arranged to have someone ship your stuff to you, again after you have said you plan to just visit, again no rocket science necessary to foresee where that is headed.

For someone who has been in Canada recently, and regularly, the PoE examine typically tends to go very easy. But there are no guarantees.

Actual criminal prosecution is probably fairly rare. For egregious cases. But my point is to warn that it is no longer so easy to say anything at the PoE without potential consequences.

 

[Canada_soon2014]

Thanks for your detailed response.

My question is how should I start my interaction with the IO?

My plan is I will show my passport to the IO, but PR card will be remained in my wallet.
In case they ask question about my PR than I will be truthful.

But as I am not presenting my PR in the first place along with visa-exempt passport, will that not be considered as misrepresentation??? as I prefered to present myself more as a visitor rather PR holder and only reflected my true identity upon further questioning.

Please suggest how should I start the conversation, as this is the most nervous part for me

 

[dpenabill]

Thanks for your detailed response.

My question is how should I start my interaction with the IO?

My plan is I will show my passport to the IO, but PR card will be remained in my wallet.
In case they ask question about my PR than I will be truthful.

But as I am not presenting my PR in the first place along with visa-exempt passport, will that not be considered as misrepresentation??? as I prefered to present myself more as a visitor rather PR holder and only reflected my true identity upon further questioning.

Please suggest how should I start the conversation, as this is the most nervous part for me

For those following the rules, the PoE experience tends to follow a very simple script. Traveler presents appropriate Travel Document, PIL officer asks this or that very simple question. The traveler answers truthfully. The PIL officer says have a nice day or welcome to Canada or drive safely or enjoy your trip, and the traveler is waived through.

Even for many not following the rules, but not too far off from compliance, the PoE experience will likewise follow that same script. No problem.

But there is a risk otherwise. Too many variables involved to begin enumerating what might evoke more scrutiny, a more probing line of questions, or the referral to Secondary.

Preparing a script is generally a futile effort. And, frankly, canned responses are a lot more transparent if not obvious than many realize. The border officers question person after person for hours, for days and weeks. They have some experience doing what they do. Like a lot of experience. They are more aware than many give them credit.

That is not to say the scammers do not get through. Obviously many do. There are a number of crooked consultants who could help in that endeavor. None recommended in my book.

 

[Bs65]

I guess on a visa exempt passport it would all depend how confident someone is when asked as it is possible to be asked by CBSA before being id as PR 'what is purpose of trip', 'how long will you be staying', 'when were you last in Canada' . Do you answer visiting friends/relatives for couple of weeks with a return ticket to hand or do you answer honestly as a returning resident ?

As a PR you can come into Canada anyway and correct me if wrong but its not an administrative function of CBSA officer to process any failure of RO if it is going to happen that could come later once back in the country trying to renew a PR card or access any other government related function.

Ultimately depends on the scenario faced on landing and responses to any CBSA questions but above all else be honest with questions if asked given even if someone gets back into the country with failed RO it is possible that the status will eventually come to light.

As per earlier posts there have been people who had PR years ago, failed RO and genuinely were not aware PR does not get automatically cancelled but in meantime have visited Canada multiple times over the years as a visitor but always have answered questions honestly then again they had return tickets and no intention of staying so no dishonest /misleading answers and remember CBSA officers are trained specifically to assess a persons response albeit in the few minutes they have someone in front of them and have seen/ heard it all before.

With the advent of the ETA of course the ability to not meet RO plus an expired PR card and still enter by air on a visa exempt passport loophole effectively gets closed as would be near to impossible to get a travel document where you have to demonstrate Canada residency obligations have been met with address/work info etc...So at that point formally renouncing PR becomes the only option for these people if they want to travel to Canada by air in the future. Sign of the times that security getting tighter all the time and as a consequence whether intentional or not some failed ROs will get caught up in the meantime.

 

[Rob_TO]

As a PR you can come into Canada anyway and correct me if wrong but its not an administrative function of CBSA officer to process any failure of RO if it is going to happen that could come later once back in the country trying to renew a PR card or access any other government related function.

No, it is a major function of CBSA to identify PRs entering Canada that are not in compliance with the residency obligation, and report them to CIC.

If you can make it into Canada without being reported, there is practically no other way to be "found out" you aren't in compliance with RO unless you try to do something with CIC directly (like apply for PR card renewal or sponsor someone). Accessing other non-immigration government services, will most likely not come to attention of CIC.

 

[Canada_soon2014]

Thanks everyone for your helpful responses.

I would also appreciate your suggestions regarding putting up a successful H&C case.

One of the major reason for me breaching the RO was due to the premature birth of my child, I had to be in the native country as my child was born and treated here for weeks, than once she was discharged she was pre-booked for future assessment (mid-year/annual review) to look after her growth. We decided to stay outside Canada until her annual check ups were completed and now planning to return back to canada.

Obviously I could have taken her to Canada earlier so she can be seen here, but she was a non-PR so I didnt want to take any risk incase she may require any medical assistance (FYI - Even though she has been doing great and by the grace of God we have no concerns).

Also I had my plate full and had parallel issues going on in life..My parents were seriously ill and than both passed away.

In all these circumstances I never felt brave enough to go for another challenge in life, resign my job, come out of my comfort zone and go to a new country to settle down when I was already way too much pre-occupied with my kid and parents situation.

Now I am fully geared up to move to Canada, one of the reason is to be close to my siblings after losing my family. And siblings equally want me to be in canada.

Do you guys think these are enough compassionate grounds to have a successful H&C application?.

 

[Canada_soon2014]

Can anyone plz advise?

 

[Leon]

It might be enough for H&C grounds or it might be enough to change the mind of the IO if they are considering reporting you. Especially if you can prove it. If you end up having to appeal, you need documentation of your parents being ill and you caring for them for example.

 

[Canada_soon2014]

Usually a visa exempt traveler gets 6 months status upon entry to Canada, or can get longer if you request a visitor record at the border. When status is set to expire, you just apply online and pay $100 to extend it. You will need to do this each time status is set to expire, for probably around 3 years. Hopefully the extensions are granted, as there may be complications if CIC decides to deny any of the extensions. http://www.cic.gc.ca/english/visit/extend-stay.asp

Have you ever heard people not getting visa extensions?? specially in my case when child has to stay inside Canada while parents trying to bring RO back in compliance and cant leave the country with child

 

[Canada_soon2014]

Have you ever heard people not getting visa extensions?? specially in my case when child has to stay inside Canada while parents trying to bring RO back in compliance and cant leave the country with child

My concern is if our child didnt get any visa extension..than we have to leave Canada ..and it will jeopardize our whole plan of staying within Canada for 2 years and bringing back RO in compliance

 

[Canada_soon2014]

Guys anyone can plz advise?

 

[Rob_TO]

Have you ever heard people not getting visa extensions?? specially in my case when child has to stay inside Canada while parents trying to bring RO back in compliance and cant leave the country with child

I have no idea, might want to post in the visitors section to get others experiences of extending visitor status for children only.