missing 10 days to the RO, i will be reported by CBSA to the border?

[elam]

Hi dear members,

I find this forum very interesting and helpfully also for my personal situation.

in July, I was returned urgently in my country before to meet the RO - 10 days missing (humanitarian and compassion reasons).

I stayed in Canada almost 2 years, 720 days, I needed 10 days to meet the RO and the permanent resident card will be expire in October, 20.

my questions are the following:

if I return in Canada:

1) may I return in Canada before that the permanent card will be expire, even I will don t meet the Ro. what could be happened to the Canadian border when they will check my status?
2) if to the border i will be reported by CBSA, I can stay in Canada while my statute will be clarified? CBSA will begin automatically process to revoke your PR status?
3) is exist some chance that I have a positive answer for the 10 missing day for humanitary and compassion reasons?
4) how much time will be take to have some answer at the appeal? meanwhile I can benefice all the rights as permanent resident (assurance maladie etc)?
5) if CBSA revoked my PR status, may I demand the resident card renewal or I must to attend the appeal?
6) may i can successfully re-enter Canada, without being reported by CBSA for non-compliance?

if I return to Canada after the permanent resident card will be expire:

1) may I have the chance to obtain a travel document? or can be refused do the fact that i don t meet the RO? Is better to send them humanitarian and compassion proves for the 10 missing days to the RO?
2) is more successfully and take more time to make the appeal from my country or from Canada?

thanks in advance for your answers.

Ela

 

[ttrajan]

Better to enter Canada before your PR card expires.

 

[sayadil]

Better to enter Canada before your PR card expires.

I had similar question. I got my PR Renewed in 2011. Been out of Canada since july 2014 now returning to Canada in october and card expires end of November. Technically I spend less than 900 days out of canada since my last renewal but i don't have much paperwork of anything here with me. Can i enter without hassles since i'm carrying a valid pr card or can they still block me from entering without doing an assessment at the border.

will it be better to enter through Road via USA (I have 10yr valid us visa) or directly at airport. Please advice.

Adil Wani

 

[zardoz]

I had similar question. I got my PR Renewed in 2011. Been out of Canada since july 2014 now returning to Canada in october and card expires end of November. Technically I spend less than 900 days out of canada since my last renewal but i don't have much paperwork of anything here with me. Can i enter without hassles since i'm carrying a valid pr card or can they still block me from entering without doing an assessment at the border.

will it be better to enter through Road via USA (I have 10yr valid us visa) or directly at airport. Please advice.

Adil Wani

It doesn't matter what date your PR Card was last renewed. The 5 years is taken based on the date that you are examined at the border. So, if you returned on October 10th 2016, for example, you would have to have been in Canada for at least 730 days since October 10th 2011. Were you?

 

[sayadil]

It doesn't matter what date your PR Card was last renewed. The 5 years is taken based on the date that you are examined at the border. So, if you returned on October 10th 2016, for example, you would have to have been in Canada for at least 730 days since October 10th 2011. Were you?

Yes i have been. but I'm not carrying many documents with me incase they do stop me. I have been in canada for almost 2.5yrs in last 5yrs but not sure what to show incase they do stop me. problem is i have been out for over 2yrs will that matter. why do they stop you for examining?? i don't remember every being stopped before as i'be been in canada since 2000. only once in 2013 they stopped me.

 

[sayadil]

It doesn't matter what date your PR Card was last renewed. The 5 years is taken based on the date that you are examined at the border. So, if you returned on October 10th 2016, for example, you would have to have been in Canada for at least 730 days since October 10th 2011. Were you?

also if they stop you and for some strange reason and lack of paperwork can they revoke ur card there only or will i still be allowed to enter since card is valid??

 

[keesio]

Yes i have been. but I'm not carrying many documents with me incase they do stop me. I have been in canada for almost 2.5yrs in last 5yrs but not sure what to show incase they do stop me. problem is i have been out for over 2yrs will that matter. why do they stop you for examining?? i don't remember every being stopped before as i'be been in canada since 2000. only once in 2013 they stopped me.

Since you meet the RO, I think you will be fine. If CBSA reports you to IRCC anyway and they investigate you, you can worry about getting your proofs together then. Just answer CBSA's questions honestly and confidently.

 

[Leon]

also if they stop you and for some strange reason and lack of paperwork can they revoke ur card there only or will i still be allowed to enter since card is valid??

They must let you enter but if they believe that you don't meet the RO and you are lacking paperwork, they can report you for not meeting the RO and you would then have to appeal this within 30 days with your proof.

 

[sayadil]

They must let you enter but if they believe that you don't meet the RO and you are lacking paperwork, they can report you for not meeting the RO and you would then have to appeal this within 30 days with your proof.

Ok just to be clear they tell you that they are reporting you to IRCC? also they will let u enter none the less with a valid card. once in canada i can gather the documents... another question for appeal... can i do it myself or do i need to waste money on a lawyer?

 

[keesio]

Ok just to be clear they tell you that they are reporting you to IRCC? also they will let u enter none the less with a valid card. once in canada i can gather the documents... another question for appeal... can i do it myself or do i need to waste money on a lawyer?

Yes it will be very clear to you if they decide to report you to IRCC

And yes they will let you in as long as they can look you up in the system and see that you are a PR (they can do that with just a valid passport).

As for the appeal, I don't know too much about this. It can be a complected procedure I've heard and I'm sure a good lawyer would be helpful

 

[Leon]

Ok just to be clear they tell you that they are reporting you to IRCC? also they will let u enter none the less with a valid card. once in canada i can gather the documents... another question for appeal... can i do it myself or do i need to waste money on a lawyer?

They will tell you that you are reported and how to appeal. I don't know how complicated the paperwork is. I am sure you could do it yourself, especially if you have proof but it may be good to consult with a lawyer to make sure you are not missing anything.

 

[sayadil]

They will tell you that you are reported and how to appeal. I don't know how complicated the paperwork is. I am sure you could do it yourself, especially if you have proof but it may be good to consult with a lawyer to make sure you are not missing anything.

thanks guys for heads up. i just applied for my NOA online. hope i will have this by the end of this month when i travel to Canada. Hope by showing that i have filed all my taxes all the years until 2014 when i last left would help convince them. its weird at visa stage they don't want you to overstay in canada once u become PR they don't want you to leave Canada much... wish life was more flexible. Permanent residency should be more permanent in nature.

anyway will update how it goes. meanwhile family has applied for TRV they all qualify for CAN+ programme yet no response in 9 days.

 

[Leon]

thanks guys for heads up. i just applied for my NOA online. hope i will have this by the end of this month when i travel to Canada. Hope by showing that i have filed all my taxes all the years until 2014 when i last left would help convince them. its weird at visa stage they don't want you to overstay in canada once u become PR they don't want you to leave Canada much... wish life was more flexible. Permanent residency should be more permanent in nature.

Permanent residency is permanent as long as you stay in Canada permanently. However, when you leave, they assume you don't want to stay permanently and take it away. It's the same in other countries too. Most even have stricter rules like taking your PR away if you leave for more than 6 months or don't stay 6/12 months. Canada used to have that until 2002 so you are lucky they changed it to 2/5 years.

 

[sayadil]

Permanent residency is permanent as long as you stay in Canada permanently. However, when you leave, they assume you don't want to stay permanently and take it away. It's the same in other countries too. Most even have stricter rules like taking your PR away if you leave for more than 6 months or don't stay 6/12 months. Canada used to have that until 2002 so you are lucky they changed it to 2/5 years.

yeah of course its better than most but still just like a citizen can travel anywhere for any length of time yet remain canadian. PR should remain PR unless someone doesn't want to and renounces it. anyway its wishful thinking at best.

Now just wondering about families TRV if they get TRV approved it will be easier for me for me to maintain my residency obligations as i won't be the only one travelling back to India and they could also come spend time with me.

Fingers Crossed. Hope they get it.