In Canada - unmet Residency Requirement - two questions

[neuroticdan]

Good morning;

I am in Canada and I do not meet the residency requirement. Returned to Canada in June with my expired PR card and very few days in Canada in the past 5 years. I explained my situation to the agent at the border and was let through with a warning to not do this again.

Q1-
As far as I understand I am still a PR, correct?
There were no papers signed at the border (they scanned my passport and I think they wrote in the system that I came back into the country). They also mentioned nothing beyond: "you're in for now, but go to the immigration office to get this fixed before you travel again".

Q2-
I obviously cannot travel abroad for two years (until my residency requirement is met and my PR card renewed). What I would like is for my parents to get tourist visas (we're, evidently, from a non visa-excepmt country). However, I was looking at the tourist visa forms and they will ask them to list all their children and where they live -- they'll have to mention me and the fact that I live here in Canada. My question is, won't that raise flags to the immigration officers to the fact that I don't meet the residency requirement? Is it worth the risk?

Thanks in advance.

 

[Msafiri]

1. You are a PR until you become a citizen, voluntarily relinquish PR, are inadmissible and don't appeal/lose at appeal (you got a pass on the RO breach inadmissibility aspect so you are ok), death.

2. The visitor visa application does not involve an examination on the PR which is where an RO review is carried out so this won't be an issue.

 

[neuroticdan]

thank you MSafiri.

1- clear.

2- clear too. but the reason i ask is that an immigration lawyer told me to avoid that (of course, i want them to visit, but not if it puts me at risk of losing my PR, or having a removal order issued!). not sure what i'll do.

 

[neuroticdan]

Dear sirs;

Any other comments on point 2? I would really appreciate my family members getting a tourist visa and visiting, but definitely don't want to risk being reported for not meeting the residency requirement...

Any thoughts?

Thanks.

 

[Alurra71]

No identifying information is listed on their application and even if it were, how would CIC know you have not been in the country for 5 years? You were NOT reported. As far as they know, you have been here all along unless of course you notify them yourself that you have not.

 

[neuroticdan]

Thanks Alurra71!

Actually, they do need to mention my name and the fact that I live in Canada in the application forms (that have to mention all children and place of residence).

I know I wasn't reported, but who knows! I'll need to sleep on this one...

Thanks again.

 

[Alurra71]

Thanks Alurra71!

Actually, they do need to mention my name and the fact that I live in Canada in the application forms (that have to mention all children and place of residence).

I know I wasn't reported, but who knows! I'll need to sleep on this one...

Thanks again.

Yes, your name only as well as 'Canada'. Again, there is no 'specific' identifying information needed or required.

 

[neuroticdan]

I guess you're right. Thanks!

 

[neuroticdan]

Actually, Alurra71;

How can I be absolutely certain she didn't report me? Couldn't she have let me through and then written down in the system that I had come back in, but was in breach of the residency requirement?

Thanks.

 

[sammy_2401]

Hi,

I have an answer to your question - 'How can I be absolutely certain she didn't report me?'

You have right to access your information (ATI) available with any govt. agencies (like CIC, Health Canada, etc.).

Just obtain your FOSS/GCMS records from CIC utilizing your right (ATI) and you will come to know everything what they know about you and what they do not know about you.

And of course, remember - always, you have right to know and you have right to know it absolutely certain.

Hope that helps.

-Sammy.

 

[neuroticdan]

Hi Sammy_2401;

Thanks, that does help. The thing is (and this is why I keep on asking), I was advised by an immigration lawyer to keep my interaction with CIC or other Federal Government institutions to a minimum until my 730 days have passed. He argues that any official (particularly a CIC official), upon pulling up my file, would be able to see I don't meet the requirement and could, if they wanted to, go ahead and report me.

I think he's being a bit too over-cautious (well, he's being a lawyer...), but anyway that's why I raise all these questions!

Thanks.

 

[Alurra71]

Hi Sammy_2401;

Thanks, that does help. The thing is (and this is why I keep on asking), I was advised by an immigration lawyer to keep my interaction with CIC or other Federal Government institutions to a minimum until my 730 days have passed. He argues that any official (particularly a CIC official), upon pulling up my file, would be able to see I don't meet the requirement and could, if they wanted to, go ahead and report me.

I think he's being a bit too over-cautious (well, he's being a lawyer...), but anyway that's why I raise all these questions!

Thanks.

No, they can't see your residential requirement just by pulling up your file. If they could do that then nobody would need to send in verifications of where they were to get a new PR card now would they?

You can be sure the agent didn't report you because you would have had to sign the forms, and speak to the IO and then would've been given paperwork to respond/appeal to the PR RO breach within 30 days. They don't 'sneak' paperwork like that by anyone, so you can be sure there was no reporting done.

 

[neuroticdan]

Thanks!

 

[neuroticdan]

No, they can't see your residential requirement just by pulling up your file. If they could do that then nobody would need to send in verifications of where they were to get a new PR card now would they?

You can be sure the agent didn't report you because you would have had to sign the forms, and speak to the IO and then would've been given paperwork to respond/appeal to the PR RO breach within 30 days. They don't 'sneak' paperwork like that by anyone, so you can be sure there was no reporting done.

Hi again -- so here's what keeps me coming back to ask again and again: the immigration lawyer whom i spoke with said that, even though the immigration officer didn't report me, she probably had to (apart from scanning my passport) write in the system that I came in and that I was let into the country based on her discretion, even though I failed to meet the 730-day requirement.

I guess that's why he says "tell parents not to apply for a tourist visa for two years", "don't get a health card for two years", "don't dare ask immigration for a record of entries/exits for two years", etc, etc.

Any thoughts?

Thanks... Neuroticdan

 

[Leon]

The immigration officer may have written it in your file but at the moment, it would just be a comment on your file that nobody is looking at. Applying for a health card will not cause anybody to look up your file at CIC.

It is only with CIC that you need to be careful.

Hi again -- so here's what keeps me coming back to ask again and again: the immigration lawyer whom i spoke with said that, even though the immigration officer didn't report me, she probably had to (apart from scanning my passport) write in the system that I came in and that I was let into the country based on her discretion, even though I failed to meet the 730-day requirement.

I guess that's why he says "tell parents not to apply for a tourist visa for two years", "don't get a health card for two years", "don't dare ask immigration for a record of entries/exits for two years", etc, etc.

Any thoughts?

Thanks... Neuroticdan