PR obligations, Report at Airport

[Anitaa]

I had applied Canada PR and I got Canada PR 8 years back.
I landed in Toronto and stayed for few months in Toronto area.At present my PR Card is expired and I have not renewed it.
When I landed in Canada It was difficult to get Job in IT field and I got H1 Visa for US and started working in US. I got US Citizenship 2 years back.
I am working with a good Company in US and they have Branch office in Toronto. I have made many trips to Toronto in last 4-5 years from US by land border or by air. When I made trips to Canada I had shown US Green Card or US Passports to airlines or border post or custom officer at Canada Airport. when I entered Canada this time by air with US Passport and gave the Customs form to custom officer he did something in computer and asked me that his system shows that I have Canada PR status.I told him that I have the Canada PR Card that is expired. The officer sent me to other immigration officer with a small room and the Canada immigration officer asked me if I stayed in Canada after PR. I told the truth. He said that as I have not maintained PR status he has to write report on me. I told him that he can write what he want to do. Then he said that he will have to wait for his Senior officer who will come after 2 hours and he will be writing the report. I told the officer that I have come for a business meeting and I have to attend the meeting in 1 hour. Then he said that I can go but he is going to make a note in the system and next time it will take more time. He also told me that I can do that also out of Canada . He could not explain me what I should do with Canada consulate/Embassy in US or why next time it will take more time for my entry to Canada ??
one of my friend told me"When an officer believes a permanent resident has failed to comply with their A28 residency obligation, then that officer should report the permanent resident under the provisions of A44(1)and recommend issuance of a departure order'' I dont understand about "issuance of a departure order" I am not going to live in Canada then why this Departure Order?

I have not tried to enter Canada as Canada PR I entred as US Citizen. I have been to Canada every year and I have only stayed in Canada for 8-10 days in each trip.In year 2014 I made about 10 trips to Canada and each trip was about 5-8days.
To be honest I am not going to live in Canada, I am not going to lie before Canada immgration officer. I want to finish the matter of this Canada PR so that in future my entry to Canada as US Citizen should be smooth. Should I write to any department that please revoke my Canada PR as I have not lived in Canada 730 days in last 5 years. Please help to solve the problem .

 

[Leon]

The problem is that you don't automatically lose your PR status so the IO is trying to "catch you sneaking in" when you are not really sneaking in and all and don't really want to keep it.

What you can do to lose it is apply for a PR travel document, see http://www.cic.gc.ca/english/information/applications/travel.asp You can write a cover letter stating that you do not really want a travel document, you want to relinquish your PR status as you do not meet the residency obligation. The process is the same anyway. They will process the application, find that you do not meet the RO and deny your travel document. You will then have 60 days to appeal their decision which you wont and at some point after that, they will cancel your PR status.

 

[CanV]

The problem is that you don't automatically lose your PR status so the IO is trying to "catch you sneaking in" when you are not really sneaking in and all and don't really want to keep it.

What you can do to lose it is apply for a PR travel document, see http://www.cic.gc.ca/english/information/applications/travel.asp You can write a cover letter stating that you do not really want a travel document, you want to relinquish your PR status as you do not meet the residency obligation. The process is the same anyway. They will process the application, find that you do not meet the RO and deny your travel document. You will then have 60 days to appeal their decision which you wont and at some point after that, they will cancel your PR status.

Isnt there a form and procedure to officially relinquish a PR status? Or is it done the way you explained?

 

[Msafiri]

Isnt there a form and procedure to officially relinquish a PR status? Or is it done the way you explained?

The preferred and more legally solid route to relinquish PR status is to apply for a PRTD as this conclusively clarifies your RO status be it ok or in breach and as thus has an 'examination' process in accordance with the IRPA and regs. The downside to this is that you can't apply for a PRTD at the airport so why either voluntary relinquishment form (different to the PRTD) or accept the sec 44 report. The VR route is less admin for CIC.

 

[Anitaa]

Leon and Msafiri thanks for the help.

1. How the IO is trying to "catch me sneaking in"? On my custom form I have not written "Canada PR or

Permanent Resident" I wrote "US Citizen" and have not tried to enter Canada as PR of Canada.In my next trip also I will enter as US Citizen for visit and not as Canada PR. I am not going to write Canada PR on custom form.


2. If I apply to Canada Consulate for Travel Document(PRTD) it means I am claiming to be Permanent

Resident of Canada Abroad. I am not claiming to be Permanent resident of Canada who wants to return to

Canada as Canada PR. Cant I just write my full information and attach copy of expired PR card and

request the Canada consulate to revoke my PR? Cant I write that I am not going to file any appeal for

Canada PR? Travel Document is for a PR who wants to return to Canada as Canada PR. I dont want to

return as Canada PR or going to claim as Canada PR.

3. Suppose I file the PRTD with Canada Consulate in US then also they give you 60 days for the appeal.

What if I want to Enter Canada based on my US Passport as Visitor in given 60 days? will I be allowed to

attend Company meeting in Canada being US Citizen?


4. According to "Msafiri" PRTD cant be applied at Airport but can be applied at Canada Consulate or

Canada Embassy. My question is can I voluntary relinquishment the PR ? if "yes' where and how?

5. If I enter Canada now with US passport as US Citizen for visit and go to Canada immgration officer (who told me that he is going to write a report when i enter next time) and give him letter with all my information and request him that I voluntary relinquishment my Canada PR status (I know I dont have PR status) and will not file any appeal . will that work? or he have to write the 44Report.

6. Any complications After refusal of PRTD or 44Report for my Entry to Canada as US Citizen in future??

 

[Leon]

1. As you have never lost your PR officially, you are still a PR and not mentioning that you are a PR when you are, would support the Immigration Officer's assumption that you are trying to sneak in unnoticed. It is very common for PR's not to have met the RO but wanting to move to Canada last minute and somehow save their PR. With the current rules, this is possible because if you did enter Canada without being reported and stayed for a full 2 years, your PR would be back in good standing and you would be able to apply to renew your PR card and they would have to do it as the rules allow them only to look at the past 5 years and if they didn't catch you when you didn't meet the RO, it's too late if you manage to meet it again.

2. You are a PR whether you like it or not and applying for a travel document stating that you no longer meet the RO, you will officially lose your PR status which is what you want, right?

3. You are probably already flagged in their system now so they will give you hassle when you try to enter whether you have applied for a TD or not. However, if they give you trouble, you can say that you would be more than happy to sign their form of relinquishment as you accept that you don't meet the RO and you do not want to keep your PR status anyway.

4. You can voluntarily relinquish as you enter Canada. The form you need is this one: Voluntary
Relinquishment of Permanent Resident Status/Residency Obligation Not Met (IMM 5538B) You can read more about this here: http://www.cic.gc.ca/english/resources/manuals/enf/enf23-eng.pdf on page 23

5. They will have to write a report as well to verify that you don't meet the RO.

6. You shouldn't have any problems. If you have lost your PR because you were outside Canada for too long so they will hardly think you are planning on overstaying. You have a long history of short visits too showing that you fully intend to return home to the US after your visits.

 

[Anitaa]

Leon, Thanks for the information and help.

 

[Anitaa]

Leon and other Experts.

I have meeting in Toronto and I will be taking a flight from US to Canada (Toronto) in 2 days.

Here is what I plan to do after the Passport Control. I will go to Canada immigration officer and will inform him/her:

"I don’t meet the Permanent Residency obligations and I would like to Voluntary relinquish my PR status and I am not going to appeal against the decision. I am only interested in temporary status. I would like to complete the Declaration: Voluntary Relinquishment of Permanent Resident Status/Residency Obligation Not Met (IMM 5538B) or any form that I have to sign that I will not appeal. Please let me know where I have to Sign on forms"



I would like to know if I need to do anything more than what I plan to say?. I just want to finish that PR matter.

 

[CanV]

Leon and other Experts.

I have meeting in Toronto and I will be taking a flight from US to Canada (Toronto) in 2 days.

Here is what I plan to do after the Passport Control. I will go to Canada immigration officer and will inform him/her:

"I don't meet the Permanent Residency obligations and I would like to Voluntary relinquish my PR status and I am not going to appeal against the decision. I am only interested in temporary status. I would like to complete the Declaration: Voluntary Relinquishment of Permanent Resident Status/Residency Obligation Not Met (IMM 5538B) or any form that I have to sign that I will not appeal. Please let me know where I have to Sign on forms"



I would like to know if I need to do anything more than what I plan to say?. I just want to finish that PR matter.

You can do exactly that at the airport once you arrive at primary inspection. The officer should then proceed with the reporting or refer you secondary inspection for reporting. Not sure what you mean by "plan to do after the Passport Control", you rather do that at passport control primary inspection. Do not use the Automated Border Clearance kiosks as there will be no officer there to speak to. Once you are reported, you will be allowed in (by right). You will then receive letter by mail advising you to voluntarily leave Canada or appeal the decision. At that point you will have already left Canada and no need to do anything.

 

[Anitaa]

CanV
When you land at Toronto Airport first you meet Customs officer who checks the passport. You don’t face Canada immigration officer immediately after you land. Last time it was customs officer who directed me to immigration officer (read my first post). Do you mean I should inform the Customs officer that I want to Voluntary relinquish PR status? I don’t think customs office can write PR status report.

 

[Leon]

CanV
When you land at Toronto Airport first you meet Customs officer who checks the passport. You don't face Canada immigration officer immediately after you land. Last time it was customs officer who directed me to immigration officer (read my first post). Do you mean I should inform the Customs officer that I want to Voluntary relinquish PR status? I don't think customs office can write PR status report.

In that case, inform the customs officer that you need to see an immigration officer.

 

[Msafiri]

CanV
When you land at Toronto Airport first you meet Customs officer who checks the passport. You don't face Canada immigration officer immediately after you land. Last time it was customs officer who directed me to immigration officer (read my first post). Do you mean I should inform the Customs officer that I want to Voluntary relinquish PR status? I don't think customs office can write PR status report.

How much time do you have to hang out at the airport? The process may take some time and the legal implications of the paperwork and for CBSA to cover off all angles may mean you speak to a couple of officers so that there is a 'counseling' aspect and that you are fully aware of the outcome. Secondary Inspection at Pearson can take hours depending on when you land just for routine referrals so you may be there for several hours.

 

[Msafiri]

I don't enter Toronto via Pearson Airport. I will be coming via Billy Bishop Toronto City Airport and at Billy Bishop they have only 1-2 Customs officers and they have small office with one immigration officer and one person who collects your Customs form when you exit the airport.

I will inform the Customs officer after I land and show my passport.

You may have an even longer wait then...Pearson has the resource to deal with VRs. You have the option of a PRTD application if this doesn't work out during your visit.

 

[Anitaa]

Here is what Happened when I landed Canada today:

After landing Customs officer took my US passport, swiped the US passport, asked how many days I want to stay in Canada, Marked the Customs form (that one has to give to a person who collects Customs forms near the exit gate). This time Customs officer was the same person who acted as immigration officer in my last trip and who told me that he will write a report (read my First post). When Customs officer /immigration officer gave me back the customs Form and my Passport I informed that I would like to Voluntary Relinquishment Canada Permanent Resident Status/Residency Obligation Not Met. He gave me a look and turned to the other person in line and said “next”. He did not reply my question and I moved and then I gave the Customs form to the person who collects forms and came out of the airport.

What I don’t understand is that this is the same immigration officer who told me in my last trip that he has to write a report and did something in his computer (or acted of doing something in computer system). If he had entered anything in the System then when he swiped my US passport did not he saw the “note” that he made?

Now I will try to relinquish the PR matter in my next trip.

 

[CanV]

You keep saying customs officer and immigration officer when they are actually the same. CBSA is both customs and immigration, you should have told the first officer, who scanned your US passport, that you want to relinquish your PR status, he would have referred you to secondary inspection. Thats what I said in my first post.