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Can10

Star Member
Aug 21, 2010
183
16
I completed my landing requirements in mid of 2010, stayed in Canada just for a week, and returned back to my present location. Later my friend couriered me the PRC. Since then I never entered Canada.

Now I am flying to Canada very soon for a short break, and this is the first time that I will be using my PRC to enter Canada.

Shall I expect some tough questions from immigration officers? Might I be asked reason for staying out of Canada? May I also be forced to make final move to Canada soonest?

I shall be grateful for experts' advices.

Warm regards,
Can10
 
My plan for final move is based on 2 out 5 years rule. Which means I will fly again in mid of 2013 to stay 2 years in Canada, get my PRC renewed, and to continue stay for one more year to apply for citizenship.
 
Can10 said:
Shall I expect some tough questions from immigration officers? Might I be asked reason for staying out of Canada?

You will be definately asked tough questions and may have to spend extra hours with them. They will record 2 reasons from you for not staying in Canada. Will get a warning also. So be prepared.
Although as per CIC website one has to stay 2 out of 5 years in Canada to maintain PR status but in practical if the Immigration Officer is satisfied that the applicant has no intention to live in Canada, the PR can be revoked and marching orders can be given even at the airport also or at the time of renewal of PR.
 
Can10 said:
My plan for final move is based on 2 out 5 years rule. Which means I will fly again in mid of 2013 to stay 2 years in Canada, get my PRC renewed, and to continue stay for one more year to apply for citizenship.

This is a risky plan.

If you follow this plan, this means that once you move to Canada in mid 2013 - you cannot leave the country even for one day until your residency requirement is met. What happens if during that two year period you have to leave the country on business or have to return to your country of origin due to the illness of a close family member? You could end up having problems retaining your PR status.

It would be far wiser and safer to move to Canada several months earlier than you have planned.
 
Dont worry at all, having PR card you can safely enter canada and if they ask you any question just answer truely.
Can10 said:
I completed my landing requirements in mid of 2010, stayed in Canada just for a week, and returned back to my present location. Later my friend couriered me the PRC. Since then I never entered Canada.

Now I am flying to Canada very soon for a short break, and this is the first time that I will be using my PRC to enter Canada.

Shall I expect some tough questions from immigration officers? Might I be asked reason for staying out of Canada? May I also be forced to make final move to Canada soonest?

I shall be grateful for experts' advices.

Warm regards,
Can10
 
Dear "explorer101". What if I honestly tell them my plan for making final move not before mid of 2013. If this really comes to the matter of recording 2 reasons for this, then what do you think will the following be convincing (which is the actual situation):

1. Clear off financial liability towards bank which will take another 3 months from now (bank statement, loan installment schedule etc. can be produced)
2. Implement investment plans out of Canada during the next 12 months period to avoid financial difficulties in the initial years in Canada

Appreciate your advices.

Kind regards,
Can10
 
Or perhaps I should avoid travelling to Canada before mid of 2013? In this way I can avoid the likely questioning session if I travel now.

Any advice from seniors please.

Regards,
Can10
 
Can10 said:
Dear "explorer101". What if I honestly tell them my plan for making final move not before mid of 2013. If this really comes to the matter of recording 2 reasons for this, then what do you think will the following be convincing (which is the actual situation):

1. Clear off financial liability towards bank which will take another 3 months from now (bank statement, loan installment schedule etc. can be produced)
2. Implement investment plans out of Canada during the next 12 months period to avoid financial difficulties in the initial years in Canada

Appreciate your advices.

Kind regards,
Can10

2 reasons will be for the period you have not been in Canada and not for future absence, i will not recommend you to tell them that this time you would be again going back in a short period.
About coming back in mid 2013, i,e about 3 years outside Canada, i would say very very risky move.
People have completed 2 years requirement and still have not got the PR renewal, people have been sent back from airport also even when they still have 2 years left on the exp day of PR Card.
 
Thanks explorere101 for further input. Shall I take it in this way:

1. I should not think to visit Canada for a short break, rather I must make my final move now
2. even if I make my final move now, I may still face tough questions for 2-year absence

Is my understanding correct.

Regards,
Can10
 
1. I should not think to visit Canada for a short break, rather I must make my final move now
>> yes, if you want to maintain ur PR status
2. even if I make my final move now, I may still face tough questions for 2-year absence
>>> yes, you would be very luck if they do not hold you to ask questions
 
Just Enter

They might not ask you anything at all.
 
I would suggest reviewing ENF 4 ("Port of Entry Examinations") from the CIC website.

From this it is clear:

- As a PR you have the right to enter Canada, even if there is an in-process enforcement action (most likely a removal order).
- A PR card establishes you are a legal permanent resident of Canada

BSOs must remain cognizant of the fact that the Act gives permanent residents of Canada the right to enter Canada at a POE once it is established that a person is a permanent resident, regardless of non-compliance with the residency obligation in A28 or the presence of other inadmissibilities.

The issue relates to your compliance with the PR requirements. Since you are now two years into your first five year term, there will not be any questions at this time. However, once you reach a point where you cannot accumulate the 730 days required in the first five years you may be reported by the border officer. They won't refuse you entry (they cannot do so legally) but they can report you and trigger an investigation. This could lead to a removal order being filed against you.

So you are safe now, but if you wait for more than three years after your landing date, you are subject to heightened scrutiny.

Ultimately, it's your choice on how to proceed. Even if you lose your PR status, it does not bar you from reapplying in the future. Good luck!
 
Dear explorer101 this looks quite scary. You stated "people have been sent back from airport also even when they still have 2 years left on the exp day of PR Card". Is this some firsthand information?

I spoke with some people today including an immigration consultant based in Canada. All I could gather from all of them is something a mixture of what explorer101 and computergeek have shared here. According to my findings, immigration officer cannot prevent a PR card holder from entering Canada. He may ask a series of questions concerning your long stay outside Canada, but would ultimately let you in. In certain serious situations he may withhold PR card and forward to the concerned department for further action; but even in this situation he would still allow the permanent resident to enter Canada. The serious situations that I mentioned here are mostly related to criminal offenses, illness which is harmful for public, less than 2-year period left on PRC etc.

May I request other seniors, captain qorax, PMM to share their thoughts for which I shall be grateful.

Warm regards,
Can10
 
ask Mr Qorax this question on his thread..he might help you out..