Is there a possibility of REFUSAL in entering the country even with a valid PR ?

[RAMMor]

Dear Leon
My PR will expire in 3 months .I have not fulfilled the residency obligations( 730 days) , and when I was entering the country ( two weeks ago) , the officer informed me that I have not met the obligations and promised! me that she will report it to immigration, and did not take any consideration to my medical reasons while reporting.Now I am in Canada and
my PR is still valid( for three months),but I need to leave the Canada in one month , stay abroad for one month and then come back to Canada just few days before PR card expires and then apply for renewal with my medical reports for absence .
Q1:
Is there any possibility that in my next arrival( which will be before card expiration ) , they might prevent me of entering to the country ?Has the promised report of the officer any effect for refusal of entry permit?
Q2:
After arrival , shall I fill the PR renewal application with regard to my medical reasons or its better to stay 730 days ( with expired card) and then apply for the PR renewal ? I have a solid intention to stay in Canada and no intention to leave the country .

very truly your , Ram Mor

 

[zardoz]

You should read http://www.cic.gc.ca/english/resources/manuals/enf/enf23-eng.pdf as it will answer most, if not all of your questions. As I understand it, these are the answers.

Q1. No they won't refuse to allow you to enter until your PR status has been lost. (ENF23 7.8 )

Q2. If you have been reported, neither of these options are available to you. You would have to appeal for your PR not to be revoked. You cannot reapply for a PR card and any days in Canada after the report is made are not counted, unless you eventually win the appeal. (IRPR R62(1).)

 

[RAMMor]

Dear Zardoz
Thank you for your informative info .
let me explain what happened at POE( Port of Entry) :
A POE officer asked me why I have been abroad for such a long time , and if I have business outside Canada , I told her that I had very serious eye problem which led me to corneal transplant , and I was obliged to attend my ophthalmologist very regularly in my own country of citizenship .
She told me " NO , you have not decide to live in Canada and are living abroad so you won't be able to comply your residency obligations " I asked to show her my medical documents , but she refused and told me " you should show these to officer" and started typing some issues on the computer .
Dear , I am not a law man , so
Q1:
I do not know if I am legally REPORTED or not ?
Q2:
Shall I be pro-active in any appealing or not , I have not received any official issues from her , how can I check if I have lost my permanent residency( in the presence of my VALID PR Card in my hand ) ?
Q3:
Shall I not leave Canada ? ( again my PR is still valid fro three months and I intend to leave Canada in two weeks and comeback 2 weeks before PR card expiration date )
Dear , I am in a very bad situation now , and my family are being affecte , please tell me what is my best procedure to follow.
Regards
Ram

 

[RAMMor]

As I understand it, these are the answers.

Q1. No they won't refuse to allow you to enter until your PR status has been lost. (ENF23 7.8 )

Q2. If you have been reported, neither of these options are available to you. You would have to appeal for your PR not to be revoked. You cannot reapply for a PR card and any days in Canada after the report is made are not counted, unless you eventually win the appeal. (IRPR R62(1).)
[/quote]

Dear Zardoz
Thank you for your informative info .
let me explain what happened at POE( Port of Entry) :
A POE officer asked me why I have been abroad for such a long time , and if I have business outside Canada , I told her that I had very serious eye problem which led me to corneal transplant , and I was obliged to attend my ophthalmologist very regularly in my own country of citizenship .
She told me " NO , you have not decide to live in Canada and are living abroad so you won't be able to comply your residency obligations " I asked to show her my medical documents , but she refused and told me " you should show these to officer" and started typing some issues on the computer .
Dear , I am not a law man , so
Q1:
I do not know if I am legally REPORTED or not ?
Q2:
Shall I be pro-active in any appealing or not , I have not received any official issues from her , how can I check if I have lost my permanent residency( in the presence of my VALID PR Card in my hand ) ?
Q3:
Shall I not leave Canada ? ( again my PR is still valid fro three months and I intend to leave Canada in two weeks and comeback 2 weeks before PR card expiration date )
Dear , I am in a very bad situation now , and my family are being affecte , please tell me what is my best procedure to follow.
Regards
Ram

 

[Leon]

If she truly reported you, then she should have given you some paperwork and told you how to appeal. If you were reported and do not appeal within 30 days, you will likely lose your PR. You should talk with an immigration lawyer about this.

I think it would be a very bad idea to leave Canada right now. If she did not report you but put a note on your file, you really could get reported next time you enter. If she did report you and you leave again, you may find once you return that your PR status has been revoked because you did not appeal her report.

However, if your spouse is in Canada and meets the residency obligation, your spouse could sponsor you for PR again.

 

[RAMMor]

Dear Leon ,Thanks for the answer ,
She did not give me any paperwork and did not tell me to appeal , but asked me " do you know you have not fulfilled your residency obligations " I said YES , but I have medical excuses , while typing, she refused to take a look at my medical documents and told me "I am writing a report and you need to show your medical documents to officer , although I am sure that the officer won't accept " .
My spouse and kid are now with me ,financially dependent to me , same residency condition . But the medical excuses have happened to me ( a very serious eye surgery as corneal transplant ) .
Q1:
Do you think it's better for me to leave them stay in Canada , fulfilling their 730 days and myself alone leave the country for one month stay( as I described earlier ?) , Or you suggest that ALL of us stay in Canada ( despite the medical assessment which I need to undergo in my homeland)
Q2:
In any case , how I can be sure if I am reported or not ?
Q3:
Is it legal that she has ( probably) reported me and did not made me clear or informed me about my 30 days deadline for appeal ?
Q4:
If I appeal for the decision and got approved , then would it be the case for my spouse and 12 years old kid ?
I am really in a bad position and appreciate your kind advises .
Regards
RAM

 

[Leon]

Which province are you in? You should go to Alberta or other province where you will immediately get health care. Then find a doctor as soon as possible and get a referral to an opthalmologist. Get your doctor in your country to send a letter to you that you can give to the Canadian doctor so they know your history.

You should talk to a lawyer to figure out if you were reported or not. If she truly reported you, she should have told you that you had 30 days to appeal this. You were not asked to talk to another immigration officer? It is also possible that she wanted to report you but that her superior decided against it.

If you want yourself and your family to keep your PR, it is best not to leave. If you have to appeal for your PR, you can show your medical records. However, it is possible that they don't accept it because you could have been treated in Canada.

 

[RAMMor]

Dear Leon, thanks again and really appreciated for the prompt reply in this vital period of time in my life . .
I am( and have been) in Ontario, Toronto .
I have all my medical reports( including the doctor report , hospital proof of surgery , type of surgery , everything ) and of course , sutures in my eyes which are clearly visible even for a non-professional and can get assessed by a trusted ophthalmologist for CIC .
I am ready to go to Alberta , and ready to continue my treatment here in Canada and have got all my medical document with me .
For the report , SHE DID NOT ASK ME TO SEE ANOTHER OFFICER .
Can I now be sure that I am not reported ?
Do you suggest me to visit a lawyer then ?
How much would it cost for me ? Is there any possibility to find a professional lawyer with an affordable cost for me ?

Do I have a chance that this lawyer be you , yourself?
Regards and waiting ,
RAM

 

[Leon]

Dear Leon, thanks again and really appreciated for the prompt reply in this vital period of time in my life . .
I am( and have been) in Ontario, Toronto .
I have all my medical reports( including the doctor report , hospital proof of surgery , type of surgery , everything ) and of course , sutures in my eyes which are clearly visible even for a non-professional and can get assessed by a trusted ophthalmologist for CIC .
I am ready to go to Alberta , and ready to continue my treatment here in Canada and have got all my medical document with me .
For the report , SHE DID NOT ASK ME TO SEE ANOTHER OFFICER .
Can I now be sure that I am not reported ?
Do you suggest me to visit a lawyer then ?
How much would it cost for me ? Is there any possibility to find a professional lawyer with an affordable cost for me ?

Do I have a chance that this lawyer be you , yourself?
Regards and waiting ,
RAM

It sounds to me like you were not really reported. I can not tell you what a lawyer costs. I am not a lawyer.

If you and your family have not been living in Canada, as a returning PR moving from outside Canada, you would be eligible for first day health care in AB. However, contact AB health and ask before you move there. Say that you are returning from living overseas for a couple of years and that you would like to settle in AB. Ask if you get health coverage right away.

If you like, there are other provinces with first day health care that you could move to. I am sure SK and MB would cover you as well. Or you can stay in Ontario if you want but then you will have to pay for your medical care out of pocket until you get OHIP.

 

[RAMMor]

Leon , Thank you for your response, Is the only reason for proposing Alberta is that the health coverage starts immediately ? What other provinces offer the same immediate health coverage ?
Do the appealing procedure need the medical involvement inside Canada ? can it be used as a proof ?
In fact I was thinking that my surgery in my home country could have been an expensive operation for Ontario government and I think that Canada may even thank me of doing my surgery out of the country and from my own pocket .
Any more idea on this ?
Regards
Ram
\

 

[Msafiri]

You are dealing with this issue back to front as the saying goes.

1. How many days in Canada do you have in the last 5 years?

2. Can you prove these days?

3. When did the medical reasons for your absence commence?

4. What are the non medical reasons for your absence? employment?

You have not been reported. You should and would have received a notice in writing even if it was to attend an interview. Did you sign any paperwork? What address did you provide in your customs declaration - Canada/ overseas? Is it your home address?

CBSA officer can't delegate the report to someone else as per Federal Case Law and also enforcement manual. So I'm surprised there was mention of a senior person..maybe this person wasn't sure. Was this Q&A session at the primary line or did you get sent to Secondary? You've been logged in the system though so being examined again will most likely result in a report. IMHO the medical notes saved your situation this time but you need an end point for this - get treatment in Canada as advised. Its your call but moving to AB or any other place just for immediate health care is something you need to think about - such moves should be taken in the context of other aspects of your/ your family life - schools, employment, housing etc.

Your query about PR Card renewal is moot at this time - you need to focus on saving your PR status..its doesn't look good and you are adding to your complications with your travel plans.

 

[Leon]

Leon , Thank you for your response, Is the only reason for proposing Alberta is that the health coverage starts immediately ? What other provinces offer the same immediate health coverage ?
Do the appealing procedure need the medical involvement inside Canada ? can it be used as a proof ?
In fact I was thinking that my surgery in my home country could have been an expensive operation for Ontario government and I think that Canada may even thank me of doing my surgery out of the country and from my own pocket .
Any more idea on this ?
Regards
Ram
\

If you were reported and end up needing to appeal, I am sure that having a Canadian doctor write a statement that you did indeed have surgery on your eye and what was done would help convince immigration that you weren't lying. However, if the Canadian doctor states that the surgery could easily have been done in Canada, that may not help you.

Other provinces that offer instant coverage for people who are returning from a long stay overseas as well as new PR's would be all of them except BC, Ontario and Quebec. However, if you are thinking of moving, check with the health care there first. You don't want to end up spending money to move if it ends up that for some reason they won't cover you either.

I do not think it would fly with immigration that you failed to meet your residency obligation because you wanted to save money for Canadian health care.

 

[RAMMor]

You are dealing with this issue back to front as the saying goes.

1. How many days in Canada do you have in the last 5 years?

2. Can you prove these days?

3. When did the medical reasons for your absence commence?

4. What are the non medical reasons for your absence? employment?

You have not been reported. You should and would have received a notice in writing even if it was to attend an interview. Did you sign any paperwork? What address did you provide in your customs declaration - Canada/ overseas? Is it your home address?

CBSA officer can't delegate the report to someone else as per Federal Case Law and also enforcement manual. So I'm surprised there was mention of a senior person..maybe this person wasn't sure. Was this Q&A session at the primary line or did you get sent to Secondary? You've been logged in the system though so being examined again will most likely result in a report. IMHO the medical notes saved your situation this time but you need an end point for this - get treatment in Canada as advised. Its your call but moving to AB or any other place just for immediate health care is something you need to think about - such moves should be taken in the context of other aspects of your/ your family life - schools, employment, housing etc.

Your query about PR Card renewal is moot at this time - you need to focus on saving your PR status..its doesn't look good and you are adding to your complications with your travel plans.

very dear Msafiri
Thank you for your comments , answers to the the questions follow:
1. How many days in Canada do you have in the last 5 years? 130- 140 day

2. Can you prove these days? Yes

3. When did the medical reasons for your absence commence? Starting from the 2009 , when I was noticing problems in my vision and also problems in my previous corneal transplant. To give you a better info , I had undergone two surgeries 20 years ago for both my eyes as corneal transplant in my own country , after several years , the corneas started the rejection procedure ,and it started by the left eye when it got teared ,making my left eye a problem called hydrops and all my eye area turned into white color .I needed to go for treatment and the treatment was just re-graft , but my eye problem was also accompanying a high eye pressure which was preventing the re-graft operation to happen .
I was under constant monitoring and also regular care of my ophthalmologist for years and at the same time in que for a donor to be found for cornea donation .
During the treatment and maintenance period , i had limited vision and could not be financially active , and needed special care .
finally summer 2012 , I undergone a surgery of re-graft and after that under regular assessment by ophthalmologist .
Still now I am having several sutures in my eyes , which needs to be removed by ophthalmologist .
this is a brief history and can be proved very easily either by the document , or by being checked by a Canadian ophthalmologist of trust .


4. What are the non medical reasons for your absence? employment? NO , I could not have regular employment due to the eyes problem .
My family were financially dependent to me and taking care of me also .
To address of place of Q&A : It happened in the secondary line( where we were directed to an office and an officer( out of several other officers) asked me the aforementioned questions .
1- If I leave in Ontario and still not having an OHIP , I can not be checked by a Canadian ophthalmologist and they can not complete or confirm my medical reports , how can I get helped by Ontario government or by OHIP ?
When shall I start the procedure of renewal my PR ?
Shall I talk to IMHO ? are they helping me or against me ?

Please advise .
Regards
RAM

 

[RAMMor]

very dear Msafiri
Thank you for your comments , answers to the the questions follow:
1. How many days in Canada do you have in the last 5 years? 130- 140 day

2. Can you prove these days? Yes

3. When did the medical reasons for your absence commence? Starting from the 2009 , when I was noticing problems in my vision and also problems in my previous corneal transplant. To give you a better info , I had undergone two surgeries 20 years ago for both my eyes as corneal transplant in my own country , after several years , the corneas started the rejection procedure ,and it started by the left eye when it got teared ,making my left eye a problem called hydrops and all my eye area turned into white color .I needed to go for treatment and the treatment was just re-graft , but my eye problem was also accompanying a high eye pressure which was preventing the re-graft operation to happen .
I was under constant monitoring and also regular care of my ophthalmologist for years and at the same time in que for a donor to be found for cornea donation .
During the treatment and maintenance period , i had limited vision and could not be financially active , and needed special care .
finally summer 2012 , I undergone a surgery of re-graft and after that under regular assessment by ophthalmologist .
Still now I am having several sutures in my eyes , which needs to be removed by ophthalmologist .
this is a brief history and can be proved very easily either by the document , or by being checked by a Canadian ophthalmologist of trust .


4. What are the non medical reasons for your absence? employment? NO , I could not have regular employment due to the eyes problem .
My family were financially dependent to me and taking care of me also .
To address of place of Q&A : It happened in the secondary line( where we were directed to an office and an officer( out of several other officers) asked me the aforementioned questions .
1- If I leave in Ontario and still not having an OHIP , I can not be checked by a Canadian ophthalmologist and they can not complete or confirm my medical reports , how can I get helped by Ontario government or by OHIP ?
When shall I start the procedure of renewal my PR ?
Shall I talk to IMHO ? are they helping me or against me ?

Please advise .
Regards
RAM

 

[Msafiri]

IMHO means - 'In My Humble Opinion' something similar to ASAP - 'As Soon As Possible'. I think the medical information you provided is what saved you from being reported. However this issue seems to be long term and while compelling you have a signifcant shortfall in days. I think you need to find out how you can get treatment in Canada for this condition as this will be the only viable option...the judge at appeal can't keep approving residence shortfalls when it seems the reason for absences doesn't have a conclusive near term end date. You won't get government coverage in Ontario for 3 months you would have to pay for this from your own funds and no health insurance covers an existing condition...maybe you have to head to Alberta.