Thanks rish888 for your response. One more question, can I start the required process to appeal as a backup plan. If so, how shall I start preparing for this (Documentation required, fee required etc..). I would appreciate if you could highlight anything I am missing here, that would help me in my settlement in Canada..
Quick Points:
1) Because you have not met your residency obligation, the only "case" you can make is a H&C one.
Keep in mind that while people often bring up H&C in the context of an IAD appeal, the first time you make your H&C case is not to the IAD, but to the CBSA officer at the point-of-entry.
It is imperative that you have your H&C case and supporting document ready before you even get on the flight to Canada.
Note that CBSA and the IAD consider the same H&C factors when making their decision, but historical data suggests that CBSA officers tend to be more lenient than the IAD.
To understand what documents you need, it is imperative you understand how H&C pleas are analyzed.
H&C pleas are reviewed based on the following factors:
1: Extent of RO Violation. (More days you have, better for you.)
(You should keep documents that show your stay in Canada. Passport stamps, credit card statements. Letter from employer in Canada saying you have been working for them for "x" days etc.)
2: Reasons for stay outside Canada.
If there was something that prevented you from settling in Canada, ex: sick relative, you were somehow forced to return to your home country, inability to leave your home country for whatever reason etc you should have documents that back up your narrative.
3: Whether return to Canada was made at earliest available opportunity?
Did you return as soon as you had the chance? Ex: Caring for a terminal relative then returning to Canada shortly after said relative passed away. In this case you would need death certificate, doctor's records etc.
I don't know your particular case, but if you believe you returned to Canada as soon as you could, then have documentation to support this.
4: Establishment in Canada, past and present:
It is best to show the officer that you are solidly established in Canada. If possible, it is also best to show you are established in Canada more than you are in other countries.
Documents that can show establishment, ex: bank accounts, property holdings, employment etc. Basically proof of ties.
5: Hardship to you and your family:
Would being removed from Canada cause signification hardship? Usually, this hardship must be unusual and undeserved. If you believe being removed from Canada would cause you hardship, have documents to support this.
Ex: In one IAD case an LGBT individual from Jordan was the subject of an appeal. She testified that should she be removed to Jordan she would be persecuted by the government and society.
To back this up, she showed documents attesting to the lack of protection for LGBT individuals in Jordan.
The take away from this is that the mere mention of hardship is not enough. You must demonstrate proof that would convince a reasonable person that should you be removed from Canada it is more likely that not that you will be subject to undeserved hardship.
Note: Reasons such as "I like Canada, so being removed would be a hardship," are generally not acceptable.
6: Best Interests of children involved:
Would it be in your child's best interest that you retain your PR? If you believe so, then best to have some proof.
General Tips:
If you appeal, get a good lawyer.
Get your story straight
before you get on the plane. (by this I don't mean fudge one up, but rather analyze what lead you to violating your RO.)
Look at the above following facts and ask yourself which factors work in your favor, and to what extent. Based on this, gather documents to support your claim.
Remember that when factors are being considered, there is a weighing process. This means all factors are not created equal. For example, let's say you have 2 negative factors and 3 positive ones. Based on the circumstances, your negative factors could be assigned minimum weight while your positives assigned significant weight, allowing you to retain your status. On the contrary, your negative factors could be assigned significant weight, while your positives assigned only moderate weight. This would not work in your favor. Thus when considering each factor, try not only to show that the factor in question works in your favor, but also that it should be assigned significant weight.
In conclusion,
Make your best effort at the airport. Think of it like this:
The CBSA officer is like your Algebra teacher.
The IAD is your high school principal.
Way easier to convince a teacher than a principal.
It is far easier to convince the CBSA officer than the IAD. When you arrive at the airport, have in your carry-on all document that support your H&C case. (Remember: the first time you make a H&C case is not to the IAD, but to the CBSA officer.) Have your facts ready before you get on the plane.
If reported, consult a lawyer and follow his/her advise.
Final Note: Staying outside Canada because of better job prospects/inability to find a job in Canada is not only an unacceptable H&C reason,(unless extremely compelling circumstances exist) in most cases such a statement could quite possibly draw disdain from the officer. Instead, if your reasons for departure were for nothing but your own benefit, you can try to say you returned to wrap up affairs and this took longer than expected, you wanted to be fully prepared for life in Canada etc. Also remember your current intentions can carry significant weight, if you can satisfactorily demonstrate the officer that you have now truly come for good and are unlikely to breach your RO again, this may quite possibly work in your favor.
Hope this helps!
