PR Obligations questions

[CANUSA2013]

Hi Guys,

I wanted to clarify few things on my PR status. I hope some contributors like Leon or Msafiri can provide some insight. All others are welcome too.

My Case: I got my PR in late 2010 under Alberta AINP. We did landing on 2010 and went back. Me and my wife looked for job in Canada. My wife got Job in BC and she moved there and working from mid 2011 withe intention that I will find and move there. She has been working there but I seems to find it difficult to find job in BC. Now, I work 4 days in US and visit Canada from Friday to Monday. i spent all holidays there clubbing long weekends with extra days and going there for complete month during annual shutdown. I will be easily able to accumulate required 730 days from 5 years. I am keeping track of days in excel sheet with entry/exit dates and flight confirmation number.

My trouble started when i went for Nexus interview. I have H1B visa and PR. US officer just ask few question and handed over to Canadian officer. She was good at beginning and listen to what i told US counterpart. Then once went to her, she quickly started on why I am not staying in Canada to fulfill my PR obligation. I explained that my wife moved and I am planning to get job near her. i was offered a job in Toronto and that is not too far away from BC. She went inside and came and told me that I called Visa officer and you don't have 5 years to move back to Canada. You should move and find job. I tried to reply politely that I am not doing this on purpose. I want to come with Job. Coming to Canada and staying on social benefits will not help me or Canada. I am planning to come over as soon as possible. She was like not interested and said that I have informed Visa officer and you should move quickly. Then she gave me nexus approved notice.

BTW, I am getting questions from border agents as my expiry date is coming near (within 2 years). I explained above things whenever asked and they let me know. Never had any major issue for last year and half. Just few questions sometime.

My questions are.

1. From reading forums, I get the understanding that we have to maintain days out of 5 years. But officer gives me different understanding. Any thoughts what is best?
2. For AINP applicants, is it okay to work in BC? BTW, we did landing in Alberta. My wife got derivative PR on me. She did move immediately to BC as we have few relatives there too and it was easy for her to adjust.
3. I asked Visa officer about anything to do on my part to explain to anyone. She said someone will contact you if required.


I am worried with that experience. Really can use some thoughts from you all.

Thanks!!

 

[Leon]

The officer is wrong. You do not have to stay in Canada 730 days in one go as long as you have 730 days accumulated in any rolling 5 year period. The one problem could be proving it though. If you work in Canada, your stay in Canada would be easy to prove with your pay slips but since you don't and they may not have complete info on all your entries and exits, it may be hard to prove that you really spent 3 days a week.

Order your travel history from CBSA through the privacy act and see what it says.

As for getting PR with AINP, you probably signed something stating you intend to settle there. As long as you intended to at the time, there is nothing much they can do to you. There is no minimum time required and besides, if you landed in 2010 it's highly unlikely that they will suddenly come after you now.

 

[CANUSA2013]

Thank you Leon for quick reply.

If I am questioned for my stay due to my PR renewal process, I can send my excel data of entry and exit date with flight name and confirmation number [mostly US domestic flights]. If immigration have doubts, they can very well verify entry record at least. If someone think logically, then someone will not just come to port of entry and go back immediately having family in BC. Also, there is data sharing initiative started between USA and Canada and they will share data from 2012 onward, that might very well prove the dates I will show.

Basically, i think if they want to verify, they can. off course, if they want to give hard time, they can :'(. With my every week interaction with border officer, i believe it comes down to how good is the officer and whether they have hard time last night from spouse :

 

[Msafiri]

Thank you Leon for quick reply.

If I am questioned for my stay due to my PR renewal process, I can send my excel data of entry and exit date with flight name and confirmation number [mostly US domestic flights]. If immigration have doubts, they can very well verify entry record at least. If someone think logically, then someone will not just come to port of entry and go back immediately having family in BC. Also, there is data sharing initiative started between USA and Canada and they will share data from 2012 onward, that might very well prove the dates I will show.

Basically, i think if they want to verify, they can. off course, if they want to give hard time, they can :'(. With my every week interaction with border officer, i believe it comes down to how good is the officer and whether they have hard time last night from spouse :

CIC/CBSA agents can examine whether you meet the Residence Obligation at any time you interact with them - in your case when you applied for the Nexus it flagged that you have extended absences from Canada. You need to make sure that in the 5 years from landing (not PR Card issuance) in late 2010 and every 5 year rolling period thereafter you have 730 days of physical presence in Canada.

I'm doing the math rough but if you are in Canada 4 days a week (for PR each day or part day you are in Canada counts a 1 day towards the RO) then you are accumulating 208 days a year so in 5 years you should be ok. However at PR Card renewal you need to have proof of your claimed dates in Canada e.g passport stamps. With Nexus this is a downside as you rarely get stamped so you need to keep a meticulous record of all entries and exits. Nearer to PR Card renewal get you entry/ exit record from CBSA and CBP.

By the way Toronto and BC are several thousand miles apart - this may be why the CBSA agent was playing hardball she was basically trying to cut through what she deemed to be BS. She likely got some NCB (notes) or FOSS records entered on your file too so in future they review your RO at PR Card renewal.