I need assistance how can I enter in Canada without any problem from CBSA

[Shan_ny]

Hi there I have been reading this forum for a while and trying to get answer abt my situation. I got my Canadian permanent residence back in 2012. I made my landing on July 18 at the Canadian border through US. Everything went smooth and I was granted PR. I stayed there for few days and came back to US as I had Valid H1B visa and I continued my job in U.S. But I don't have any record of those days as I stayed with my friend. I received my PR card in September 2012 with expiry date printed on it first week of September 2017. Same time my mother came to visit me from Pakistan and here she was diagnosed with liver cancer. She had gone through with chemo and radiation therapy but unfortunately she passed away last year in 2014. I had applied for US green card but because of my mother's health issue I couldn't pursue my case. My lawyer said now I need to wait few more years to get my US green card. So I have decided to move to Canada now and meet my RO and stay there for 3 years and get Canadian citizenship. I have family obligations back home in Pakistan and I can't stay let's say 4-5 years to visit My country. I have been doing research on Internet what is the best way to enter Canada now through land without having any problem from CBSA. I have been told now things are getting very strict at the border and they might take away my PR card or report me. So I'm worried as I don't have a visa in U.S. Anymore so what if Canadian immigration won't let me enter than I will go straight to Pakistan. Please I need some opinion from you guys what should I do. Again I landed in Canada on July 18, 2012 and received my card which will expire on September 9, 2017. Today is June 20, 2015 means I still have few weeks before those 3 years will up since I got my PR status and I can still meet my 730 days RO obligation. But why immigration officer will give me hard time or report me as I was told. Also I'm planning to go in my car which has NY license plates. Is that a good idea.

 

[fswevaluation]

From what I read in this forum(which is like Canada Immigration encyclopedia) and opinions of gurus like Leon, Qorax, Scylia etc---


so long as you meet the 730 days you should be fine and you can meet it, if you enter sooner the better.

The Immigration officer can irritate you by questioning you and threaten to report you but if you keep cool and tell him that he may very well go ahead and report to the CIC.

Relax and go ahead

 

[Shan_ny]

Thank you so much fswevaluation for ur response. I have an uncle who is US citizen and also Canadian PR card holder. He offered me to give me ride to Canada as he will be driving the car. The idea is to avoid any drilling from border agent. I know it depends on who we are going to meet at the border. But is it a good idea of not driving my own car with NY plates.

 

[copypaper]

The above poster is right, if you move to Canada before July of this year (and stay for two years straight after that), you should be fine.

In regards to citizenship, please note that, the times for citizenship eligibility have changed. Once you are living in Canada as a PR, you now need to stay for 4 years (at least 1460 days) instead of the previous three. There will also be other requirements at that time. See www.cic.gc.ca/english/citizenship/become-eligibility.asp for details.

 

[zardoz]

As long as you're back in Canada by 17th July, you cannot be reported for breach of the residency obligation requirements. This is simply because you have not run out of days since the day that you landed as a PR. You now have to physically reside in Canada for 4 years (1460 days) before you are even eligible to apply for citizenship. You also have to declare that you intend to reside in Canada if you are granted citizenship. You must maintain this intention during the whole citizenship application period. You should plan accordingly.

 

[dpenabill]

It may be worth concurring with most of the observations above for purposes of reassurance.

If you return to Canada prior to the third year anniversary of your landing date, you are still in compliance with the PR Residency Obligation.

I would not say you cannot be reported. I would say you should not, and almost certainly will NOT be reported, because you are indeed in compliance since you have more than 730 days left in which you can still be in Canada to meet the PR residency obligation.

Moreover, while I do not at all recommend cutting things close, the odds are good that CBSA will not be concerned about your compliance with the PR residency obligation if you return any time prior to there still remaining two years validity on your PR card. This would be somewhat risky, but so far most reports are still indicating CBSA does not get tough on PRs in their first five years who present a PR card valid for another two years (perhaps to some extent, even for a shorter period of time . . . which again should not be taken to be an invitation to test fate).

And also for emphasis, as has been noted, minimum time present in Canada to qualify for citizenship is now four years.

 

[Msafiri]

To add to the above comments note the RO is a rolling obligation with a reference to the 5 year anniversary of landing for those who have been PRs for less than 5 years (hence forward looking) or 5 years prior to the examination date for those who have been a PR for more than 5 years (hence backward looking). Examination refers to any interaction with CIC/ CBSA so POE exam, PR Card renewal, sponsorship etc. Since you are returning to Canada at the margins of the 3 year absence window you should be very careful about any further absences until you get to 730 consecutive days of physical presence post entry. The safest option really is to avoid any trips out of Canada to avoid the risk of breaching the RO. The unwanted consequence of this is family separation.

 

[keesio]

But is it a good idea of not driving my own car with NY plates.

if you drive your car w/NY plates over the border, CBSA will likely ask you if you own the car and if you say "yes" they will ask you why you have NY plates since you are not supposed to have a car in Canada with foreign plates/registration etc for longer than 60 days if you are a resident. That will lead to questions where you'll likely have to explain that you have been living in the US almost the past 3 years on a work permit and have not been a resident of Canada (hence the NY plates). This will make CBSA question your PR RO status because it will be close to 3 years... and you can see where this is headed.

Legally you should be ok. But it may cause hassles, especially if CBSA reports you to CIC to investigate your RO.

When I moved to Canada from the US long time ago, I drove my car with NY plates over the border. They gave me the 60-day warning then. Then when I came back to the US a few days later to get the rest of my stuff and returned, they asked again about my car because I still had NY plates. I told them it hasn't been 60-days. But obviously they were very aware of this rule. I ended up leaving my car in the US (and eventually junking it since it was old)