And if I leave for India for the month of august and try to reenter thru land border in US,
how will I prove to them I am in compliance of residency. Will my passport stamps suffice?
I am no expert and I am not qualified to give personal advice. There are some fairly straight-forward observations and suggestions I can offer.
There is no definite answer to the question what will suffice to prove compliance with the PR Residency Obligation, whether for purposes of a PoE examination or otherwise.
Overall, passport stamps are important evidence of one's travel history, and of course the PR's account of travel history should be consistent with passport stamps. But if an examining officer has concerns about PR RO compliance, there is a high risk that passport stamps will
NOT suffice to prove compliance.
It warrants noting that just the PR's verbal accounting of time in Canada can suffice, and probably often does. This might be without the border official even examining individual passport stamps. But again, if the examining official has concerns, then significantly more may be necessary to persuade the official there has not been a breach of the PR RO.
When at a PoE there are concerns about the PR's compliance with the PR RO, the PR is often (perhaps usually) asked to complete a formal, written questionnaire. I forget the title, and I have not seen a copy, but it appears to essentially be a short-form Residency Determination. It is crucial, if required to complete such a form, to be truthful.
How the PoE examination ultimately goes depends on many factors specific to the individual. Not the least of which is the apparent credibility of the PR. And one could write several chapters about the many factors which can influence an official's perception about a traveler's credibility.
Being prepared to make a persuasive case at the PoE:
A credible PR whose passport stamps are consistent with the PR's accounting of time in Canada and time absent from Canada, and particularly if the PR has some additional documentation showing settlement in Canada (including health card, drivers license, rental agreement, property ownership documentation, documents showing employment in Canada, or such) is not likely to be reported upon arrival at a PoE, subject of course to the information and documentation being consistent with showing at least 730 days in Canada within the preceding five years
as of that day.
Ordinarily CBSA and IRCC are not out to unnecessarily challenge or test PRs. Contrary to some forum insinuations, they do not engage in the
gotcha-game, but rather are sincerely trying to fairly enforce Canada's immigration laws, and thus genuinely seeking honest answers to relevant questions. Many forum commentators may have a different impression, but I am quite confident that overall most CBSA officers conducting immigration examinations of returning PRs, at a PoE, lean favourably toward the PR unless credibility is a concern or a breach is apparent.
Thus the following suggestion should be more than what the vast majority of PRs would need, even when there are some concerns about proving presence in Canada. Offered as an outline for making the best case
just in case a particularly skeptical officer is encountered.
Hence, the suggestion:
Make the PR card application prior to leaving. Make two photocopies of the completed application. One is to keep in safe storage with
originals of other documents which will support your case. The other is to carry with you along with copies of the other documents which will support your case.
Of course you should carry your original CoPR and any expired PR card you have (keep them safe). Be sure, however, to also keep copies of these in safe storage with the other documents kept in storage.
Carry a copy of the completed and submitted PRC application along with a clear copy of records showing it was sent to IRCC (best to send by courier service with tracking), and a copy of the proof you have showing where you lived in Canada and dates (rental receipts for example), copy of documents showing your activities in Canada and dates (employment history is best; documents showing doctor's visits and other activities can help). If this documentation has gaps for a month or more (no rental receipt or other documentation to show presence in Canada that month), make a concerted effort to find something which shows you were physically present in Canada those months. For example, credit and banking transactions can help (not the best, but if that is all one has for a given month, better than nothing).
It is particularly important to have something which shows most recent time in Canada. Just a couple or four things, something to show presence shortly after you last entered Canada, and something to show presence just before you leave.
Do not go overboard. A brief case full of papers is not necessary and more likely a bad idea.
But along with the copy of the PRC application, have some documentation which shows some evidence of a life in Canada.
Carry this in your hands. Not in a suitcase. Not mixed in with other papers. Carry this in something you will have in your hands as you approach the PoE, so if and when referred to Secondary you can naturally carry it with you to the counter without having to look for it, without having to retrieve it.
Your copy of the PRC application should have a detailed list of all travel in and out of Canada.
No need to push any of this on an examining official. Let the officer control the interview. Bring out documentation if and when it will help respond to the question asked. Best to have your documents well organized so you can easily show the particular document that is responsive to the officer's questions.
That all may be going a little over the top, but so long as you do not push this stuff at the officer without the officer in effect asking a question which makes offering it relevant, this approach should assure you are prepared to make your case.
H&C reasons:
As a backup, you might also want to be prepared to explain why you were outside Canada as much as you have been, including the reason for this most recent trip. H&C reasons may suffice to persuade an officer to not issue a report despite concluding there was a breach, in effect waiving the perceived breach.
Better to not mix up documents supporting accounting of days in Canada and those documents supporting explanation for absences (H&C reasons). In responding to questions also try to avoid mixing these issues.
That said, in responding to questions, the best approach is to listen and try to understand the question, try to understand what is being asked. Then provide a direct, honest answer to that question. Do not try to second guess why a question was asked. Do not try to offer explanations beyond a dirct answer unless the question clearly calls for an explanation. Simple, direct, honest answers are almost always the best.
Note: if there was more time, having PRC application in process might help.
It may be too late now to send off a PRC application in time to have it opened and in process at IRCC by the time you approach a PoE returning to Canada. (Assuming you intend to be gone a month or less.) Once the PRC card application is in process, however, a PoE officer can readily verify this and then, for a PR returning after a
short absence and not otherwise appearing to be in blatant breach of the PR RO, the odds are high the PoE officer will merely make FOSS notes of key information about the event (date, PR's responses to key questions, like how long outside Canada, address in Canada, and such) and allow IRCC to determine things from there.
