I have been outside Canada for 1 year. Can they stop me from entering the country? I'm holding a PR

[varunchadda]

I have left Canada right after applying PR. Now I have been outside Canada for 1 year. Can they stop me from entering the country? I'm holding a PR.
Please provide information.

 

[Kiran90]

Once u receive the PR card, u need to stay in Canada for atleast 2 years out of next 5 years. that means u can still enter CANADA, with a valid PR

 

[Bs65]

I have left Canada right after applying PR. Now I have been outside Canada for 1 year. Can they stop me from entering the country? I'm holding a PR.
Please provide information.

As a PR you are always entitled to enter Canada regardless of how long you have been out of the country. To board a plane as well as passport of course you need either a valid PR card or a PRTD.

From initial landing you must accumulate 2 years in the first 5 years so in effect you could be away near 3 years without issue as long as you meet that requirement. After initial 5 years the 5 years is reset each time you enter where you need 2 years in the 5 before each entry.

 

[qureishi]

Hi Bs65 ,

Hope you are well. What do you mean by Valid PR Card ? Are you referring to the expiry date mentioned on the PR Card ? If this is the case , then it mean any one can enter Canada with a valid PR card , even if he stay outside Canada more then three years ?

Please clarify. Appreciate your response and guidance.

Regards
Q.

 

[Wonderland_1010]

Hi Bs65 ,

Hope you are well. What do you mean by Valid PR Card ? Are you referring to the expiry date mentioned on the PR Card ? If this is the case , then it mean any one can enter Canada with a valid PR card , even if he stay outside Canada more then three years ?

Please clarify. Appreciate your response and guidance.

Regards
Q.

No, for PR you must fulfilled the RO (Residency Obligation) of 2 years in Canada in order for you to be able to live outside Canada for 3 years. RO should be met in order for PR renewal to be approved once your PR card expires. If you failed to complete your RO, chances is CIC can start process to revoke your PR or if you enter Canada without being reported of not meeting RO, then you have to stay for 2 years before you can renew your PR card.

 

[Bs65]

Hi Bs65 ,

Hope you are well. What do you mean by Valid PR Card ? Are you referring to the expiry date mentioned on the PR Card ? If this is the case , then it mean any one can enter Canada with a valid PR card , even if he stay outside Canada more then three years ?

Please clarify. Appreciate your response and guidance.

Regards
Q.

As a PR you are entitled to enter the country whether you have a valid PR card or not .Without a valid card or a PRTD you cannot though board a plane back to Canada.

If you have a valid card but do not meet the 2 out of 5 residency requirement then the next time you enter Canada it is possible you could be reported leading to PR status being revoked. As a PR you would still be entitled to enter the country pending an appeal of the revoke process.

If you have to apply for a PRTD whilst outside of Canada it will be obvious in the application whether you have met the residency obligation or not, leading then to PR status being revoked.

Without either a PR card or PRTD the only option is to enter via the US land border facing extra scrutiny to prove your PR status, but even then if the RO has not been met it could be possible for PR revoke process to be started. Still entitled to enter as a PR subject to appeal of the revoke process.

If you manage to enter after staying away for 3 plus years even with a valid card without being reported then have to stay In Canada for 2 years without leaving or applying for a new PR card. Basically no interaction at all with immigration that could highlight failure to meet the 2 out of 5 residency obligation.

 

[qureishi]

Thank you friends for all your detailed reply and guidance.

Much appreciated !

 

[pdptoronto]

Has anyone been referred to secondary when entering Canada, holding a PR status? I have more than the stipulated 2-year stay in Canada in the last 5 Years (911 days) but every time I enter by air or by road, I am being referred to secondary screening and I have to explain to the officers that I have more than 2 years (which they validate in their system I assume) but then they do let me in. I am told that my passport/PR card has been flagged for secondary, has anyone experienced something similar? if so then is there a way for me to remove the flag and not have this secondary inspection every time I return back to Canada. Please help! Appreciate it.

 

[canuck78]

If you are traveling once a year is it really such a big deal. Seems like you immigrated as a senior. For free healthcare it isn't too much to ask Factors like your home country also factor into it. Given the extent of time you spend in another country I think you become a target for secondary screening, Over time you can petition to see if they would remove the flag on your profile but for a yearly trip that is many months not sure whether they will do it. Did you do something before you were flagged or were you always flagged. If you were always flagged I would guess that it has more to do with your country of origin and pattern of travel. If you pass 5-10 screening you may be able to say that you have shown a pattern of compliance but CBSA does what it wants to do!

 

[pdptoronto]

Thank you so much canuck78, I appreciate your insight.

Just to provide more details, I got my PR via parents sponsorship as my son is a Canadian Citizen, both I and my wife (72 years) are citizens of India. We recently (Nov of 2016) had to travel due to a family emergency and property issues and our stay was longer than normal (6 months in India). After this absence when I traveled back to Canada and reached my POE, the officer had asked me how long was I away and why was that so, I did explain my position and clarified that I have more than 2 years of minimum stay requirements, that is when he sent us to secondary screening. Perhaps he may not have been convinced with the explanation and my claim to have more than the minimum stipulated stay,

We were made to wait more than 3 hours while the same officer probed the entries and eventually let us in. I totally understand that CBSA needs to do their thing, which they did and I respect that. Ever since then, I have to pass the secondary review, whenever I enter any POE in Canada.

I concur that there is a pattern that I typically follow (winter bird) and spend about 4-5 months away from Canada. I do travel to the US as I have another son and my daughter, so the time I am away from Canada does look a bit obvious, though I am an hour away from Canada in the US.

So, should I be waiting to show such a pattern (which has been pretty much consistent in the last 8 years) and then contact CIC? or is there any such process that possibility exists, where I can request them to remove the flag justifying my stay, or is it more that is supposed to happen naturally?

Kindly help to let me know if there are any options that I might be able to pursue or wait this out and go through this every time entering a POE?

Thank you so much once again for sharing your insight and knowledge!

 

[canuck78]

Unfortunately others lie so you are paying for their lies. Also Indian people, especially seniors, are a bit notorious for trying to bring in various foods that they are not supposed to. You can try and contact CBSA and lobby to have the flag removed. Have you always ended up in secondary or did it start after a certain trip? Even if you lobby there are no guarantees. Think one of the main issues is your yearly travel plus other international visits. It becomes evident that you are out of the country regularly. With one long trip it is easier to eyeball the time outside the country.