Need Advice - Residency Violation - Cleared Border Security

[nazimsyed]

Hi,

I hold Canadian PR Valid till Jan 2019, however due to some personal commitments (Parents Health, Job etc..) I could not immigrate to Canada and I am in violation of residency requirement. I first landed in Canada in July 2013 stayed here only for 14 days, got my SIN Card, PR Card and never came back. I immigrated to Canada yesterday 16 Aug 2018 at Toronto Pearson Airport. I filled the Immigration form and submitted to the immigration officer. The immigration officer asked me a few questions and allowed me the entry.

However since I had to declare Goods to Follow, i visited the officer. The officer over there asked me a lot of questions. He later informed me that he is going to report that I am in violation of PR Requirement and that Immigration canada might call me to further inquire about my case. He made copies of my document along with the evidence (my parents health certificate). He also suggested me to contact / approach immigration authorities to clarify my case. I informed him that I already explained to the immigration officer / border security officer and they allowed me entry. But he did not pay much attention to it and said he is going to report my case.

• Since I am already allowed entry and I was not issued any departure order during my immigration process, what value does it hold even if he reports my case?
• Is it a good idea to contact CIC immigration authorities regarding this and clarify my case? If so, how can I approach them?

I am on vacation for 2 weeks and can rejoin my job (a very good job in Saudi) before this period. If I am not allowed to stay here, I want to go back within 1 week without wasting my time here. I cannot wait 2 or 3 months and later find that my PR is revoked and I lost my job as well. Any advices is highly appreciated.

 

[scylla]

Hi,

I hold Canadian PR Valid till Jan 2019, however due to some personal commitments (Parents Health, Job etc..) I could not immigrate to Canada and I am in violation of residency requirement. I first landed in Canada in July 2013 stayed here only for 14 days, got my SIN Card, PR Card and never came back. I immigrated to Canada yesterday 16 Aug 2018 at Toronto Pearson Airport. I filled the Immigration form and submitted to the immigration officer. The immigration officer asked me a few questions and allowed me the entry.

However since I had to declare Goods to Follow, i visited the officer. The officer over there asked me a lot of questions. He later informed me that he is going to report that I am in violation of PR Requirement and that Immigration canada might call me to further inquire about my case. He made copies of my document along with the evidence (my parents health certificate). He also suggested me to contact / approach immigration authorities to clarify my case. I informed him that I already explained to the immigration officer / border security officer and they allowed me entry. But he did not pay much attention to it and said he is going to report my case.

• Since I am already allowed entry and I was not issued any departure order during my immigration process, what value does it hold even if he reports my case?
• Is it a good idea to contact CIC immigration authorities regarding this and clarify my case? If so, how can I approach them?

I am on vacation for 2 weeks and can rejoin my job (a very good job in Saudi) before this period. If I am not allowed to stay here, I want to go back within 1 week without wasting my time here. I cannot wait 2 or 3 months and later find that my PR is revoked and I lost my job as well. Any advices is highly appreciated.

PRs are always allowed to enter Canada - even if they are in violation of RO.

If the officer said he was going to report you for being in violation of your PR residency requirement, this is a very big deal. Assuming he does file an official report, this mean you are going to be called to a hearing to prove why you should be allowed to keep your PR status even though you have not met the residency obligation. At this hearing, you can try using H&C arguments to keep your status (e.g. you had to be outside of Canada to take care of an ill family member) - however it's impossible for any of us to say what the outcomes of that hearing will be. Note that working outside of Canada is not accepted as reasonable grounds for failing to meet RO. If the hearing goes against you, IRCC will revoke your PR status and you will be ordered to leave Canada. You can then try appealing this decision.

At this point there is no guarantee you will be allowed to keep your PR status and remain in Canada. You should assume it will be many months or perhaps even more than a year before you know this.

 

[canuck78]

Did you arrive with your family? Don't understand why you would arrive for a 2 week vacation. If you have been working in Saudi Arabia that won't be a reason for you not meeting your RO. Assume your parents don't live in Saudi so that also wouldn't e a reason not to meet your RO.

 

[nazimsyed]

Did you arrive with your family? Don't understand why you would arrive for a 2 week vacation. If you have been working in Saudi Arabia that won't be a reason for you not meeting your RO. Assume your parents don't live in Saudi so that also wouldn't e a reason not to meet your RO.

I relocated for good. However I still have the chance to rejoin in my Job within 2 weeks as I did not resign there. I just wanted to know how I can get an answer if I be allowed to stay in canada or not, within this 2 weeks so I do not end up wasting time. I do not want to file against the IRCC Decision and go back immediately. I tried to reach IRCC by helpline but i am unable to reach anyone.

 

[canuck78]

I relocated for good. However I still have the chance to rejoin in my Job within 2 weeks as I did not resign there. I just wanted to know how I can get an answer if I be allowed to stay in canada or not, within this 2 weeks so I do not end up wasting time. I do not want to file against the IRCC Decision and go back immediately. I tried to reach IRCC by helpline but i am unable to reach anyone.

Nobody can tell you that. You may be able to find out if you have been reported. It is up to you to determine whether you think you have a valid H&C reason for not meeting your RO. Seems like the major reason was that you were working in Saudi which would lead to you losing your PR.

 

[scylla]

I relocated for good. However I still have the chance to rejoin in my Job within 2 weeks as I did not resign there. I just wanted to know how I can get an answer if I be allowed to stay in canada or not, within this 2 weeks so I do not end up wasting time. I do not want to file against the IRCC Decision and go back immediately. I tried to reach IRCC by helpline but i am unable to reach anyone.

The simple answer is that you can't. You won't get an answer within two weeks even if you reach the helpline. You have to go through the hearing process to determine if you'll be allowed to keep your PR status.

 

[StonicStone]

Hi,

I hold Canadian PR Valid till Jan 2019, however due to some personal commitments (Parents Health, Job etc..) I could not immigrate to Canada and I am in violation of residency requirement. I first landed in Canada in July 2013 stayed here only for 14 days, got my SIN Card, PR Card and never came back. I immigrated to Canada yesterday 16 Aug 2018 at Toronto Pearson Airport. I filled the Immigration form and submitted to the immigration officer. The immigration officer asked me a few questions and allowed me the entry.

However since I had to declare Goods to Follow, i visited the officer. The officer over there asked me a lot of questions. He later informed me that he is going to report that I am in violation of PR Requirement and that Immigration canada might call me to further inquire about my case. He made copies of my document along with the evidence (my parents health certificate). He also suggested me to contact / approach immigration authorities to clarify my case. I informed him that I already explained to the immigration officer / border security officer and they allowed me entry. But he did not pay much attention to it and said he is going to report my case.

• Since I am already allowed entry and I was not issued any departure order during my immigration process, what value does it hold even if he reports my case?
• Is it a good idea to contact CIC immigration authorities regarding this and clarify my case? If so, how can I approach them?

I am on vacation for 2 weeks and can rejoin my job (a very good job in Saudi) before this period. If I am not allowed to stay here, I want to go back within 1 week without wasting my time here. I cannot wait 2 or 3 months and later find that my PR is revoked and I lost my job as well. Any advices is highly appreciated.

You are likely to end up facing the same issue when renewing your PR Card even if you are NOT reported by CBSA as you have not fulfilled the 2 years RO.
IRCC may have flagged your file by now.
Re-assess your situation.
If you believe you have a reasonable chance of retaining your PR you may remain in Canada and fight for it. You can consider hiring an attorney for your case.
Otherwise, revert back to your job in Saudi. Expect your PR to be revoked.
Depending on your circumstance, you may still be eligible to re-apply for Canadian PR.

 

[nazimsyed]

PRs are always allowed to enter Canada - even if they are in violation of RO.

If the officer said he was going to report you for being in violation of your PR residency requirement, this is a very big deal. Assuming he does file an official report, this mean you are going to be called to a hearing to prove why you should be allowed to keep your PR status even though you have not met the residency obligation. At this hearing, you can try using H&C arguments to keep your status (e.g. you had to be outside of Canada to take care of an ill family member) - however it's impossible for any of us to say what the outcomes of that hearing will be. Note that working outside of Canada is not accepted as reasonable grounds for failing to meet RO. If the hearing goes against you, IRCC will revoke your PR status and you will be ordered to leave Canada. You can then try appealing this decision.

At this point there is no guarantee you will be allowed to keep your PR status and remain in Canada. You should assume it will be many months or perhaps even more than a year before you know this.

Hi,

Thanks for the response Scylla. Appreciate it.

 

[nazimsyed]

You are likely to end up facing the same issue when renewing your PR Card even if you are NOT reported by CBSA as you have not fulfilled the 2 years RO.
IRCC may have flagged your file by now.
Re-assess your situation.
If you believe you have a reasonable chance of retaining your PR you may remain in Canada and fight for it. You can consider hiring an attorney for your case.
Otherwise, revert back to your job in Saudi. Expect your PR to be revoked.
Depending on your circumstance, you may still be eligible to re-apply for Canadian PR.

Hi,

Thanks for the response.

 

[sgaur]

Hi all

I want to know the next step about my 2 year journey of entering in Canada from US border. I need a guidance from a person who was in my situation.

I became PR in Canada on 1st August 2008. I was a minor at that time. I stayed in Canada for a month and came back to my home country. My PR card expired after 5 years. I studied in USA. I entered in Canada from US border just 2 years back. I was 23 year old at that time. The officer at border made a case against me and told me that I will get a call from border authorities with in a month. I did not get any call or any email from border authorities since 2 years.

In the mean time I got a job with a MNC. I paid taxes for last 2 years and bought property in Toronto. I could not go out of Canada as I am not having PR card. Now my 2 years to maintain my PR status with finish with in 10 days. I want to know that what should I do after completion of 2 years. Probable steps as per my understanding I am mentioning below.

Should I apply PR card as I have already completed 2 years?

OR

Call CIC to check about next step to apply for PR. But I feel that CiC will refer me to border authorities to clear a case with them. Then should I hire a lawyer or it will be a easy process as I already completed 2 years.

The suggestion in this regard will be highly appreciated from any person who was in this situation before or any person who can guide me in this case.

 

[21Goose]

Hi all

I want to know the next step about my 2 year journey of entering in Canada from US border. I need a guidance from a person who was in my situation.

I became PR in Canada on 1st August 2008. I was a minor at that time. I stayed in Canada for a month and came back to my home country. My PR card expired after 5 years. I studied in USA. I entered in Canada from US border just 2 years back. I was 23 year old at that time. The officer at border made a case against me and told me that I will get a call from border authorities with in a month. I did not get any call or any email from border authorities since 2 years.

In the mean time I got a job with a MNC. I paid taxes for last 2 years and bought property in Toronto. I could not go out of Canada as I am not having PR card. Now my 2 years to maintain my PR status with finish with in 10 days. I want to know that what should I do after completion of 2 years. Probable steps as per my understanding I am mentioning below.

Should I apply PR card as I have already completed 2 years?

OR

Call CIC to check about next step to apply for PR. But I feel that CiC will refer me to border authorities to clear a case with them. Then should I hire a lawyer or it will be a easy process as I already completed 2 years.

The suggestion in this regard will be highly appreciated from any person who was in this situation before or any person who can guide me in this case.

You need to find out your status in Canada.

It's possible that IRCC didn't revoke your PR and you are in status. Alternatively, it's possible that they tried getting in touch with you but couldn't, and your PR is actually revoked.

Did you give them the correct email address and phone number? You didn't change it at any point these past two years? You're certain it didn't go to spam?

If you gave them the correct email/phone and you never got notified, it's quite possible that they didn't go ahead with revoking your PR and everything is fine. You can call IRCC and ask them, but wait till you've completed 2 years for sure.

You can try applying for a PR card after a few weeks. If you were allowed to stay as a PR, you will have no issue since you have met your Residency Obligation. If they tell you that you aren't in status - then you will have been out of status for two years and you will be very probably issued a departure order. In that case your best option is to file an H&C application through a lawyer.

 

[Copingwithlife]

Hi all

I want to know the next step about my 2 year journey of entering in Canada from US border. I need a guidance from a person who was in my situation.

I became PR in Canada on 1st August 2008. I was a minor at that time. I stayed in Canada for a month and came back to my home country. My PR card expired after 5 years. I studied in USA. I entered in Canada from US border just 2 years back. I was 23 year old at that time. The officer at border made a case against me and told me that I will get a call from border authorities with in a month. I did not get any call or any email from border authorities since 2 years.

In the mean time I got a job with a MNC. I paid taxes for last 2 years and bought property in Toronto. I could not go out of Canada as I am not having PR card. Now my 2 years to maintain my PR status with finish with in 10 days. I want to know that what should I do after completion of 2 years. Probable steps as per my understanding I am mentioning below.

Should I apply PR card as I have already completed 2 years?

OR

Call CIC to check about next step to apply for PR. But I feel that CiC will refer me to border authorities to clear a case with them. Then should I hire a lawyer or it will be a easy process as I already completed 2 years.

The suggestion in this regard will be highly appreciated from any person who was in this situation before or any person who can guide me in this case.

Contact them , the saying “ Let sleeping dogs lie”, doesn’t apply to your case

 

[sgaur]

Did not get your point. Could you please elaborate more.

 

[Copingwithlife]

In layman’s terms, contact them