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empower

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Apr 9, 2023
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I did soft landing in Canada in November 2023 and left in 5 days. I have my PR card too. I am planning to go back to canada in April 2026 so that's 2.5 years outside. Based on people's actual experiences in similar situations, what questions were you asked by the officers when entering Canada? Were you allowed inside without any issues? What documents did you provide? Please guide, I'm worried.
 
I did soft landing in Canada in November 2023 and left in 5 days. I have my PR card too. I am planning to go back to canada in April 2026 so that's 2.5 years outside. Based on people's actual experiences in similar situations, what questions were you asked by the officers when entering Canada? Were you allowed inside without any issues? What documents did you provide? Please guide, I'm worried.
Haven't faced this but still fairly clear: if you've been outside Canada less than 3 years in last five (discarding any days before you became a PR, i.e. since you became a PR in your case), you are in compliance with the residency obligation and nothing to worry about. Tell the truth and you'll be fine.
 
Haven't faced this but still fairly clear: if you've been outside Canada less than 3 years in last five (discarding any days before you became a PR, i.e. since you became a PR in your case), you are in compliance with the residency obligation and nothing to worry about. Tell the truth and you'll be fine.
I understand but the officers mostly do question the PRs who are entering Canada after a long absence. I need to know what questions they ask and what documents they ask to provide to prepare accordingly.
 
I understand but the officers mostly do question the PRs who are entering Canada after a long absence. I need to know what questions they ask and what documents they ask to provide to prepare accordingly.
I'm not sure I agree with your assumption but: repeat that you are in compliance with the residency obligation. If they ask where you were, you tell the truth - you were [whatever.] Other questions you might get asked might be about your stuff, plans to stay, etc. Unless you're admitting outright to a crime or smuggling something in that you're not allowed to bring into the country, there's no issue - or put better, there's no issue related to your PR status/residency.

For someone who's been away a lot - they really are only out to determine whether you're in compliance. Since three years since the day you became a PR have not yet passed - you are by definition/construction in compliance with the residency obligation.

It's possible at the end they'll say something like "be careful with your residency obligation." That will be good advice (and consider it a warning) - but not a problem.
 
Below is what Gemini responded. Most LLMs gave me similar responses.

"You will be flagged and likely reported for a breach even though you have time left.
  • Reason: The CBSA officer's duty is to assess your future intent and ability to stay in Canada. Your past pattern (leaving immediately for 2.5 years for a non-exemptible reason) creates a reasonable suspicion that you lack the permanent intent required of a PR and might leave again.
  • The Result: The officer issues a Breach Report (Section 44 Report). This report forces your case to be reviewed by the Immigration Division (IRB), months after you enter Canada. This is the government's way of formally intervening."
 
Below is what Gemini responded. Most LLMs gave me similar responses.

"You will be flagged and likely reported for a breach even though you have time left.
  • Reason: The CBSA officer's duty is to assess your future intent and ability to stay in Canada. Your past pattern (leaving immediately for 2.5 years for a non-exemptible reason) creates a reasonable suspicion that you lack the permanent intent required of a PR and might leave again.
  • The Result: The officer issues a Breach Report (Section 44 Report). This report forces your case to be reviewed by the Immigration Division (IRB), months after you enter Canada. This is the government's way of formally intervening."

You aren't in breach of your RO. Forget what the LLM said. It is very likely that you used the wrong prompt. If you tell a LLM that you were away for 2.5 years and were in Canada only for 5 days, they'll say "yes, you'll be reported". But, when you factor in the 5 year rolling window, you get the real answer.

It is upto you on how convincing your plans for settlement is. I highly, highly doubt a s.44 can be issued to you: https://laws.justice.gc.ca/eng/acts/i-2.5/section-28.html?

^^ Read through 28(1).

Think of it in this way, would this being true changes anything for you? You'll still try to land, you'll still try to keep your PR intact. If you get questioned, just answer honestly. They are not out there to take your PR away from you, unless you do something to force them. You coming back to settle, your plans, etc matter <- that's for an almost impossible chance of s.44 being issued.
 
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Below is what Gemini responded. Most LLMs gave me similar responses.

"You will be flagged and likely reported for a breach even though you have time left.
  • Reason: The CBSA officer's duty is to assess your future intent and ability to stay in Canada. Your past pattern (leaving immediately for 2.5 years for a non-exemptible reason) creates a reasonable suspicion that you lack the permanent intent required of a PR and might leave again.
  • The Result: The officer issues a Breach Report (Section 44 Report). This report forces your case to be reviewed by the Immigration Division (IRB), months after you enter Canada. This is the government's way of formally intervening."
This is complete AI hallucination. There's no 'intent' test. They will not (cannot, as far as I'm aware) issue a breach report if you are not in breach.

A very good example of why AI can be worse than useless in some circumstances. You've used an AI to wind yourself up about nothing.
 
You aren't in breach of your RO. Forget what the LLM said. It is very likely that you used the wrong prompt. If you tell a LLM that you were away for 2.5 years and were in Canada only for 5 days, they'll say "yes, you'll be reported". But, when you factor in the 5 year rolling window, you get the real answer.

It is upto you on how convincing your plans for settlement is. I highly, highly doubt a s.44 can be issued to you: https://laws.justice.gc.ca/eng/acts/i-2.5/section-28.html?

^^ Read through 28(1).

Think of it in this way, would this being true changes anything for you? You'll still try to land, you'll still try to keep your PR intact. If you get questioned, just answer honestly. They are not out there to take your PR away from you, unless you do something to force them. You coming back to settle, your plans, etc matter <- that's for an almost impossible chance of s.44 being issued.
Thanks for your response. The link you shared lists the below as one of the points. How to demonstrate that I will meet RO? What proof and documents I must show. Bank statements or something else?

"(b) it is sufficient for a permanent resident to demonstrate at examination
(i) if they have been a permanent resident for less than five years, that they will be able to meet the residency obligation in respect of the five-year period immediately after they became a permanent resident;"
 
This is complete AI hallucination. There's no 'intent' test. They will not (cannot, as far as I'm aware) issue a breach report if you are not in breach.

A very good example of why AI can be worse than useless in some circumstances. You've used an AI to wind yourself up about nothing.
Thanks for your response. Due to my long absence, they would ask some documents and I will still need to show some proof that I am able to fund myself during my time in Canada until I find a job there etc, isn't it?
 
Below is what Gemini responded. Most LLMs gave me similar responses.

"You will be flagged and likely reported for a breach even though you have time left.
  • Reason: The CBSA officer's duty is to assess your future intent and ability to stay in Canada. Your past pattern (leaving immediately for 2.5 years for a non-exemptible reason) creates a reasonable suspicion that you lack the permanent intent required of a PR and might leave again.
  • The Result: The officer issues a Breach Report (Section 44 Report). This report forces your case to be reviewed by the Immigration Division (IRB), months after you enter Canada. This is the government's way of formally intervening."
There's a reason why A.I. is `Artificial' Intelligence.
 
Thanks for your response. The link you shared lists the below as one of the points. How to demonstrate that I will meet RO? What proof and documents I must show. Bank statements or something else?

"(b) it is sufficient for a permanent resident to demonstrate at examination
(i) if they have been a permanent resident for less than five years, that they will be able to meet the residency obligation in respect of the five-year period immediately after they became a permanent resident;"

The fact that you still have 2.5 years automatically say that you can easily meet RO. Not sure why you are worrying here?

CBSA is one of the most nicest border agency, they are not out there to take your PR away from you. You don't have to demonstrate RO because you aren't in the breach of it yet. But, if you get asked, just share with them your plans of settlement, show them your luggage, etc. As I said, CBSA+IRCC is out there to help you. Just be honest with them if in the 0.0001% chance that you got questioned.
 
The fact that you still have 2.5 years automatically say that you can easily meet RO. Not sure why you are worrying here?

CBSA is one of the most nicest border agency, they are not out there to take your PR away from you. You don't have to demonstrate RO because you aren't in the breach of it yet. But, if you get asked, just share with them your plans of settlement, show them your luggage, etc. As I said, CBSA+IRCC is out there to help you. Just be honest with them if in the 0.0001% chance that you got questioned.
What do I need to show for "plans of settlement" that you mentioned.
 
Thanks for your response. Due to my long absence, they would ask some documents and I will still need to show some proof that I am able to fund myself during my time in Canada until I find a job there etc, isn't it?
No - only that you meet the RO test.
Thanks for your response. The link you shared lists the below as one of the points. How to demonstrate that I will meet RO? What proof and documents I must show. Bank statements or something else?

"(b) it is sufficient for a permanent resident to demonstrate at examination
(i) if they have been a permanent resident for less than five years, that they will be able to meet the residency obligation in respect of the five-year period immediately after they became a permanent resident;"
To repeat this calculation in the most simple form: if you have been OUTSIDE Canada LESS THAN 1095 days (three years) in the last FIVE YEARS (discarding any days before you became a PR), you are in compliance.*

Because less than three years will have passed since the day you became a PR, it is mathematically impossible for you to be out of compliance with the RO.

*This is my (much easier to understand) restatement of the rules for RO as written in legislation, where they require you to count the number of days remaining until the end of that first five year period, and 'add them back' to your # of days actually in Canada. Effectively they give you credit for days remaining, and that's you 'demonstrate' you will be able to meet the obligation - arithmetic. Eg "I have been in Canada one day but there are 850 days remaining in that first five year period."

The rest of my simplification is just arithmetic, where counting days outside Canada is a bit easier.
2 years in Canada in five years is equivalent to 5 * 365 - 2*365 = 1095 days outside Canada. Instead of 'adding back' days remaining, for RO purposes days before becoming a PR are irrelevant, so just don't count those days (or more simply, I effectively treat all days before becoming a PR as outside Canada, and then discard them - you can actually count only days outside after becoming a PR).
 
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What do I need to show for "plans of settlement" that you mentioned.
You're overthinking. Repeat: you do not NEED to show this. But they may ask any questions they like to evaluate your case and your credibility (more in the sense of whether you seem to be telling the truth, not your 'credibility' as a PR) - just tell the truth.
 
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