My Experience at Landing on Montreal while in Breach of RO but a valid PR Card

[armoured]

Thanks canuck78. However, just to know if anyone does not fulfill RO but his/her PR card has validity and request for Travel History to check whether his/her exit has been recorded, will it be cause any harm regarding his/her entry to Canada again. Will CBSA web portal ask him/her from where they are applying? Will it be recorded in the event of travel history online application? Expert opinion count.

I refer to the two posts above this:
-it is NOT clear that you can rely upon what you get from your 'travel history' (eg CBSA) to show what 'the government' has.
-if you want to get this info to, ahem, help your case by assuming exits have not been recorded, it may get very unpleasant for you if you get caught.
-then go back to point above - you should not assume you won't get caught, because you do not know that 'the records' are complete and reflect fully what CBSA may have access to. Get caught with an inconsistent story, any goodwill may be out the window.

Whereas: as has been shown many, many times here, there is a tendency to leniency for those with valid PR cards. Tell the truth. If you have reasons, any reasons, for not having ben in compliance with the residency obligation, tell the officer. Be sure to mention covid, which may not be sufficient on its own, but certainly won't hurt your case.

No-one can guarantee - a 'tendency' is not one, to be sure - but there is a decent chance you would be let in and allowed to demonstrate you want to reside in Canada by ... residing in Canada.

 

[aurora2018]

Hi,

Just wanted to share my experience. I was in breach of RO obligations as i last visited in Canada in 2018 for a month. My PR card is due to expire in Jan next year. Before my flight, i requested my travel history information from CBSA and to my surprise, the only entry they had for me was that i had entered Canada in 2018 but never left. Nevertheless, my final destination was Mississauga, i landed in Montreal. Proceeded to the kiosk and placed by PR card, it printed a slip with a code 0 on left corner, showed it to the immigration officer and i was let go without any questions asked.

What i think happened is that if the CBSA record shows that you have never left the Canada, then the system will not flag you even if you are in breach of your RO but possess a valid PR card.

P.S landed in Mississauga on 17th of Feb 2023.

this is total nonsense all systems are all electronic these days they have all records you are missing sth brother I am sure they would give hard time in card renewal. until the expiry date you can live how many days you like but to my understanding, they would not renew PR since you didn't meet the minimum two years sth needed

 

[sayadil]

For me it was a genuine reason as i was looking after my ailing father who passed away last year. He was sick with a kidney disease and from November 2020 his disease had started to agravate. I have got all the supporting documents and then i was stuck in inheritance legalities. all in all i had a strong reason for my breach of RO.

Hi guys i need urgent advice. we are a family of 4. I have been a PR since 2005 and have renewed my PR a total of 3 times till now.

My last PR was renewed in 2018 after getting it renewed under H/C grounds when my wifes immigration application was still pending.
I briefly came to Canada in 2018 after pr approval but had to return to india same year as couldn't leave my wife back in india. alone with my little baby.

2020 wife n elder daughter got PR so we came to canada in March 2020. We had our second baby in canada who is a canadian citizen. but We only stayed till September 2020 but had to return to INDIA as my father suffered a stroke and also later got covid. He got paralysed on one side, have medical records and the pictures of the same. He has been in a long time rehab since and is wheel chaired. We again thought of returning in 2021 second half but brutal covid in india made it very difficult. All of us got covid one after another. businesses were shut due to covid lockdown so it wasn't possible to return financially. 2022 things started opening but my mother whos a liver cirrohsis patient (she was the reason i was not able to maintain residency before 2018) had health issues with her disease progression.

Now we are finally planing to return sometime this month. My wife and elder one PR is valid till 2025 and they have more than enough time to fulfil the residency obligation. litle one is canadian so she doesn't need to be worried either. Its only me who is in breach of RO and my PR expires next month.

Now i needed advice whats the best way to return via direct flight to canada or via us land border. even though i have reasonable H&C grounds this time as well with sufficient proof but im still worried that if im stopped the officer may think why is it second time in a row im not able to maintain my Residency and again im claiming H&C consideration as i have less than one year stay in canada in last 5 years. So what should i do about it?

Also wanted to ask so since im in breach will they only have issues with me or my whole family who are not in breach? And is my second child being canadian any help?

any advice on how can i present myself better to a CBSA office is deeply appreciated. I have been a Canadian PR since 2005 and Canada has been my country for better part of my life. Its just that with sick parents here in India its hard to abandon them as they are reluctant to move anywhere.

Please advice

 

[Ponga]

Hi guys i need urgent advice. we are a family of 4. I have been a PR since 2005 and have renewed my PR a total of 3 times till now.

My last PR was renewed in 2018 after getting it renewed under H/C grounds when my wifes immigration application was still pending.
I briefly came to Canada in 2018 after pr approval but had to return to india same year as couldn't leave my wife back in india. alone with my little baby.

2020 wife n elder daughter got PR so we came to canada in March 2020. We had our second baby in canada who is a canadian citizen. but We only stayed till September 2020 but had to return to INDIA as my father suffered a stroke and also later got covid. He got paralysed on one side, have medical records and the pictures of the same. He has been in a long time rehab since and is wheel chaired. We again thought of returning in 2021 second half but brutal covid in india made it very difficult. All of us got covid one after another. businesses were shut due to covid lockdown so it wasn't possible to return financially. 2022 things started opening but my mother whos a liver cirrohsis patient (she was the reason i was not able to maintain residency before 2018) had health issues with her disease progression.

Now we are finally planing to return sometime this month. My wife and elder one PR is valid till 2025 and they have more than enough time to fulfil the residency obligation. litle one is canadian so she doesn't need to be worried either. Its only me who is in breach of RO and my PR expires next month.

Now i needed advice whats the best way to return via direct flight to canada or via us land border. even though i have reasonable H&C grounds this time as well with sufficient proof but im still worried that if im stopped the officer may think why is it second time in a row im not able to maintain my Residency and again im claiming H&C consideration as i have less than one year stay in canada in last 5 years. So what should i do about it?

Also wanted to ask so since im in breach will they only have issues with me or my whole family who are not in breach? And is my second child being canadian any help?

any advice on how can i present myself better to a CBSA office is deeply appreciated. I have been a Canadian PR since 2005 and Canada has been my country for better part of my life. Its just that with sick parents here in India its hard to abandon them as they are reluctant to move anywhere.

Please advice

Having already been approved previously under H&C, you may find it difficult a second time.


Firstly, your PR does NOT expire next month; your PR CARD expires, but your PR STATUS does not expire. Having said that...

If you return before your PR Card expires, you can travel by air and will not be denied entry into Canada by CBSA, but the officer could question you [at length] regarding your Residency Obligation (R.O.). Once the officer discovers that you will not meet the requirement, you could be issued a 44(1) report that may lead to your status being revoked (but you would still be allowed to enter Canada until a decision has been made).

Your breach of the R.O. does not impact your other family members. Your second child's Canadian citizenship will not help you.

 

[sayadil]

Having already been approved previously under H&C, you may find it difficult a second time.


Firstly, your PR does NOT expire next month; your PR CARD expires, but your PR STATUS does not expire. Having said that...

If you return before your PR Card expires, you can travel by air and will not be denied entry into Canada by CBSA, but the officer could question you [at length] regarding your Residency Obligation (R.O.). Once the officer discovers that you will not meet the requirement, you could be issued a 44(1) report that may lead to your status being revoked (but you would still be allowed to enter Canada until a decision has been made).

Your breach of the R.O. does not impact your other family members. Your second child's Canadian citizenship will not help you.

hi there

thanks for taking the time to reply. Now what do you advice i do? i have read it many times that CBSA officers at the land border seem to be more lenient than ones at the airport. Also read land borders being more busy one has better chances of escaping being reported for breach of RO.
My last approval on H&C dealt with my mothers severe disease and fact my wife n kid were not approved. This time its my father whos left half paralysed with ample reports and proofs plus covid itself compounded the issues so i have genuine H&C grounds though being second time around it is worrying but i pray that officer is able to see the proofs and consider this a totally out of hands case.

Its a relief that other family members will go through. but reason i asked about my second daughter is that i read they do care about children likely to be affected by separation from father incase i do get negative decision.? any truth to this and how do you advice i best present my case incase im stopped by the officer

thanks in advance.

 

[bricksonly]

hi there

thanks for taking the time to reply. Now what do you advice i do? i have read it many times that CBSA officers at the land border seem to be more lenient than ones at the airport. Also read land borders being more busy one has better chances of escaping being reported for breach of RO.
My last approval on H&C dealt with my mothers severe disease and fact my wife n kid were not approved. This time its my father whos left half paralysed with ample reports and proofs plus covid itself compounded the issues so i have genuine H&C grounds though being second time around it is worrying but i pray that officer is able to see the proofs and consider this a totally out of hands case.

Its a relief that other family members will go through. but reason i asked about my second daughter is that i read they do care about children likely to be affected by separation from father incase i do get negative decision.? any truth to this and how do you advice i best present my case incase im stopped by the officer

thanks in advance.

Take it easy, you will be fine with your family. Yes, I prefer to go by air directly into Canada and use kiosk to avoid personal inquiry.
Legally you family member's situation will not affect your case. NO. It does affect! The law is the law, but the law is to regulate people's proper activity, not necessary to enforce to family like yours. And the appeal system is to help if anyone wrongly use of the law. A young Canadian child absolutely is a consideration.
We applied for our first PR card renewal back 18 years ago, the RO of my wife and I was Ok but the kid's was short of several months. We should receive our card but not the kid's , according to the rules. NO. All of us receive our card together one year later by visiting a local office...forget some people in this forum, they just believe words writing on the papers...they don't understand the use of the law...

 

[sayadil]

Take it easy, you will be fine with your family. Yes, I prefer to go by air directly into Canada and use kiosk to avoid personal inquiry.
Legally you family member's situation will not affect your case. NO. It does affect! The law is the law, but the law is to regulate people's proper activity, not necessary to enforce to family like yours. And the appeal system is to help if anyone wrongly use of the law. A young Canadian child absolutely is a consideration.
We applied for our first PR card renewal back 18 years ago, the RO of my wife and I was Ok but the kid's was short of several months. We should receive our card but not the kid's , according to the rules. NO. All of us receive our card together one year later by visiting a local office...forget some people in this forum, they just believe words writing on the papers...they don't understand the use of the law...

Your words are very comforting. while i did not read the reply in time we already booked US flights to come via road. US flights were almost half price as well. Now any advice on how to present myself incase i am stopped for questioning?
also any particular entry from niagara side which is preferable? any time which helps? thanks for any advice

 

[armoured]

Your words are very comforting. while i did not read the reply in time we already booked US flights to come via road. US flights were almost half price as well. Now any advice on how to present myself incase i am stopped for questioning?

I'd just stick to the facts and tell the truth. With spouse and kids who are residents and all are returning, perhaps more chance you'd be granted leniency. If not, in worst case scenario (appeal denied etc) your spouse-PR could sponsor you anew.

 

[Ponga]

hi there

thanks for taking the time to reply. Now what do you advice i do? i have read it many times that CBSA officers at the land border seem to be more lenient than ones at the airport. Also read land borders being more busy one has better chances of escaping being reported for breach of RO.
My last approval on H&C dealt with my mothers severe disease and fact my wife n kid were not approved. This time its my father whos left half paralysed with ample reports and proofs plus covid itself compounded the issues so i have genuine H&C grounds though being second time around it is worrying but i pray that officer is able to see the proofs and consider this a totally out of hands case.

Its a relief that other family members will go through. but reason i asked about my second daughter is that i read they do care about children likely to be affected by separation from father incase i do get negative decision.? any truth to this and how do you advice i best present my case incase im stopped by the officer

thanks in advance.

Where have you read that CBSA officers at a land PoE seem to be more lenient? The truth is that because every CBSA is a human, it often comes down to the mood that the human is in when you are inspected.

I agree with with others have posted and certainly agree that you family unit traveling together may in fact work to your advantage.

Take it easy, you will be fine with your family. Yes, I prefer to go by air directly into Canada and use kiosk to avoid personal inquiry.

Using a PIK at the airport, still requires handing the paper slip to an actual CBSA officer, who can still question you, but I agree it's likely not to involve extreme questioning. However, nobody knows what, if anything, the slip would have on it if the PR (even with a valid card) has not met the R.O. and the officer can still refer a person that uses a PIK to Secondary. If for no other reason than as a random Secondary inspection.

 

[sayadil]

I'd just stick to the facts and tell the truth. With spouse and kids who are residents and all are returning, perhaps more chance you'd be granted leniency. If not, in worst case scenario (appeal denied etc) your spouse-PR could sponsor you anew.

Yes everything about my situation is truth and nothing else I'm just hoping I get a compassionate person who understands my unique situation with both my parents who I love and can't afford to abandon when they suffer serious severe health issues.

Hope luck favours me. I have been a resident since 2005 and came to canada in 2000
So it's what I consider home

 

[sayadil]

Where have you read that CBSA officers at a land PoE seem to be more lenient? The truth is that because every CBSA is a human, it often comes down to the mood that the human is in when you are inspected.

I agree with with others have posted and certainly agree that you family unit traveling together may in fact work to your advantage.



Using a PIK at the airport, still requires handing the paper slip to an actual CBSA officer, who can still question you, but I agree it's likely not to involve extreme questioning. However, nobody knows what, if anything, the slip would have on it if the PR (even with a valid card) has not met the R.O. and the officer can still refer a person that uses a PIK to Secondary. If for no other reason than as a random Secondary inspection.

Hey there

Someone in these forums said that officers working at Road borders are lenient did not know whether it was True but considering we are unit of 4 Flights through usa were half the price so we took that option
On any given bad day things could go wrong anywhere I suppose

Still thanks for your advice it's good to read all perspectives

 

[sayadil]

Just needed advice given my issues what should I include in my submission. Just the father's stroke attack n mother's disease progression or should I also mention covid which ro be honest did make it much tougher to return or will it throw the officer off

Also anything else I should mention while being interviewed

Shall I proactively tell my issues or led them lead with the questions

 

[Ponga]

Just needed advice given my issues what should I include in my submission. Just the father's stroke attack n mother's disease progression or should I also mention covid which ro be honest did make it much tougher to return or will it throw the officer off

Also anything else I should mention while being interviewed

Shall I proactively tell my issues or led them lead with the questions

Only provide truthful answers if questioned. You do not need to volunteer any information.

You're not planning to apply at the border, right? You will apply once you've successfully entered Canada and have taken a bit of time to celebrate.

 

[sayadil]

Only provide truthful answers if questioned. You do not need to volunteer any information.

You're not planning to apply at the border, right? You will apply once you've successfully entered Canada and have taken a bit of time to celebrate.

Thank you so much. It will be some celebration for sure

 

[sayadil]

Thank you so much. It will be some celebration for sure

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Hi guys

So i thought i would update my experience at the land border on april 28th 2023
You may have to scroll back at my earlier posts about my detailed situation about not meeting residency by 300 days or so

I traveled through land border via usa flight. My relatives from usa drove me to the border on way to toronto.

I was traveling with two us citizens my wife n elder daughter new PRs with still days left on PR card to fullfill residency my younger daughter who was canadian and me with a 7 day valid PR card but not meeting residency

We were stopped and officer at window asked how long we were out of canada so i told jom 2.5 yrs to be precise. He then asked all of us to head to complex next to rainbow bridge

Our passports were moved to the center automaticaly through the file pipe

The officer at the window seemed young and not happy. Inside we were dealt by an older officer who asked us to wait while he was in front of a computer looking through

I was sure that i would be quizzed about absense and residency breach but 30 mins later officer pointed at me and called me alone to the counter
He handed all our passports and said ur all good to go

Now i dont know whether he showed me compassion due to canadian child or knowing rest of family are good and can again sponsor me if he did issue revokation of PR status i dont know what went through his mind but i was let through without further questioning despite being sent in to the complex

On arrival i tried to get CBSA file but i got a reply after 30 days with only entry and exit no notes from officer

Then i thought i may have to request ircc file as officer inside the complex may be from immigration but online system only takes request when u have a file number for ongoing application which i dont have. I would welcome any help as to how i can get notes from.immigration officer who checked our passports and waived us in
Would like to see what he thinks. I would like to apply for PR card early not that i plan to leave but its good to have to make short trips to usa for small things or travel in emergency