Out for more than 1095 days in 5 yrs

[bozo25]

Hello,

I am out for more than 1095 days but planning to return to canada in a month or so to fulfill my residency obligation. My questions is if i manage to enter Canada sucessfully without being asked by the officer and then stay there for 730 days to re apply for PRC or for 1095 days to apply for citizenship, would I be in any trouble as far as immigration laws are concern. Also would i be able to renew PRC if i enter Canada and stay for 730 days or more eventhough I am currently out for more than 1095 days.

Any help would be highly appreciated.

Thanks

 

[Leon]

If you get in without a problem and wait until you have 730 days before you try to renew, you might get away with it. They only ask about the last 5 years. Question is though, did you come to Canada at any time during the 3+ years you were gone? Because if you enter at customs and they ask you how long you were gone and you lie and they find out, that could mean big problems for you. They work work the US border for sharing information and who knows who else they work with so if you had left through the US, they would have a record of it. Also depends on what the stamps in your passport say.

 

[bozo25]

Thanks for the reply. I have come to Canada 2 times before but that was before my 730 days rule expires. I have come there by road and the Canadian border site was very friendly and hasn’t asked me much question other than where I am living currently and where I am going. I do have an exit and entry stamps on my passport from US site though.
Also my another question is about the Canadian business. I have checked the documentation and it says that the Canadian businesses does not include a business that opens primarily to allow a permanent resident to meet the residency obligation R61 (2). How they determine this factor. In other words how they can tell that this business is okie and that business is not.

Thanks

 

[Leon]

If your defense is that you were in another country working for a Canadian company, they are kind of strict on what goes. The company has to be up to a certain percentage Canadian owned. I have also heard that they even require that you were already working for this company in Canada and they had transferred you to another country.

 

[bozo25]

Thanks for the reply. Well if there is a legal agreement between Canadian company and the company aboard and the person working for the Canadian company on an assignment aboard, isn’t that count as the same time as staying in Canada and fulfill the Canadian business requirement. Only thing I am not sure is what it means by when they say “Canadian businesses does not include a business that opens primarily to allow a permanent resident to meet the residency obligation R61 (2)”. How they determine the factor that if the person is doing this to fulfill the requirement or if the person is actually working aboard on an agreement.

 

[Leon]

I don't know what their exact criteria is but I have heard they are strict. If a business opens primarily to allow a PR to keep his PR, they would probably see that the business had opened shortly before the PR left Canada and it probably would not have too much business going in Canada. It would be like if you and your friend started a business in Canada just before you left that has one employee, you, and this one employee is contracted out to a company in another country.