is it OK or not ???

[Zaraali]

Hello experts

We (our family of four) became PRs in Sep 2008. We landed in Aug 2008 and left after one month. We never visited Canada for the next 4 yrs 11 months. We then returned to Canada just one month before our cards were to expire since my husband got a job here. Now we have been living here for the past 10 months wanting to complete our time of 730 days before we can apply for PR card renewal. I really wish to visit my parents in my home country but my PR card expired nine months ago so I cannot come back by flight. I have a US visitors visa. I have read on this forum that you can cross the US Canada land border just by showing your landing papers. What I want to ask you experts is that is it OK to do so. I mean is it legal to do this. I mean I wouldn't be doing anything wrong, right? t can deduct the days I spent outside Canada before renewing my PR card.

 

[zardoz]

Hello experts

We (our family of four) became PRs in Sep 2008. We landed in Aug 2008 and left after one month. We never visited Canada for the next 4 yrs 11 months. We then returned to Canada just one month before our cards were to expire since my husband got a job here. Now we have been living here for the past 10 months wanting to complete our time of 730 days before we can apply for PR card renewal. I really wish to visit my parents in my home country but my PR card expired nine months ago so I cannot come back by flight. I have a US visitors visa. I have read on this forum that you can cross the US Canada land border just by showing your landing papers. What I want to ask you experts is that is it OK to do so. I mean is it legal to do this. I mean I wouldn't be doing anything wrong, right? t can deduct the days I spent outside Canada before renewing my PR card.

It's legal but you run the very high risk of being reported for not meeting the Residency Obligation requirements. This could eventually lead to the loss of your PR status...

 

[Zaraali]

Thanks for your reply.

 

[Msafiri]

Crossing the land border with landing documents is allowed under the current immigration act (IRPA) but travel when you are in breach of the RO is always a very bad idea...all it takes is the border agent to dig into your absences and you can say adios to your PR unless you had Humanitarian and Compassionate reasons for your absence (employment and other lifestyle reasons don't cut it). Postpone your trip or try to get your parent to visit Canada instead. Oh by the way land border crossing presumes CBP let you into the US...a CBP bad day is the mother of all bad days! Don't lose that passport either with the US Visa!

 

[Zaraali]

Thanks Msafiri for your advice. However I really wish there was some easier way out of this. There are so many PRS who are facing this problem if they aren't able to come to Canada on time to complete their RO. I wish we could just pay a fine or something for coming in late and then get our PR cards renewed immediately.

 

[zardoz]

Thanks Msafiri for your advice. However I really wish there was some easier way out of this. There are so many PRS who are facing this problem if they aren't able to come to Canada on time to complete their RO. I wish we could just pay a fine or something for coming in late and then get our PR cards renewed immediately.

Given that Canada has probably the most lenient residency obligation requirements of any developed nation, there is absolutely no excuse for non-compliance unless the PR or a direct dependent is physically unable to travel.

I'm surprised that the recent legislation didn't update the RO to match the new citizenship eligibility policy. For example, you would have to be physically present for at least 6 months in each of 4 calendar years in the 5 years period. Same number of overall days but a forced residency.

 

[Jes]

Given that Canada has probably the most lenient residency obligation requirements of any developed nation, there is absolutely no excuse for non-compliance unless the PR or a direct dependent is physically unable to travel.

I'm surprised that the recent legislation didn't update the RO to match the new citizenship eligibility policy. For example, you would have to be physically present for at least 6 months in each of 4 calendar years in the 5 years period. Same number of overall days but a forced residency.

Agree about the first part.

As for the second, you don't need to be surprised. Going after PR's not fulfilling RO requirements is too complicated to explain and not a sexy enough subject to utilize in an election year as doing something against those "fraud" citizenship applicants.

 

[zardoz]

Agree about the first part.

As for the second, you don't need to be surprised. Going after PR's not fulfilling RO requirements is too complicated to explain and not a sexy enough subject to utilize in an election year as doing something against those "fraud" citizenship applicants.

I think you hit the nail on the head there... politics.

 

[Msafiri]

I think you hit the nail on the head there... politics.

1. Economics too in the mix...CIC, you, I and probably most of Canada know that CIC could easily regulate the PR RO - issue out 2 year PR Cards and narrow the renewal window to max 3 months prior to expiry date with an in person application for biometrics collection! (its coming though and will be based on 'experience from the current visa regime)

2. But all those PRs do wonders for the economy just the balance was tipped in their favor through a soft Citizenship grant policy that got uncontrollable due to having a non physical residence requirement. Balance back in CIC's/ government favor as Citizenship aspect addressed and the real IRPA concern with aged family (and their burden to the health and more important the welfare budget) closed off.

3. For every PR getting reported, giving up etc there are a thousand more waiting on the door and hey again CIC in control as they process the 'desired' candidate read PNP, CEC etc and restricted FSW.