PR with less than 2 years of residence / suggested preparation for appeal

[tonyo]

Hello
I'm a PR, who landed in Canada (Montreal) the first time at April 2010, and stayed in Canada for just 15 days. Then I returned to my country and due to personal circumstances, I couldn’t return to Canada until now, so I'm planning to travel and settle in Toronto at August 2013. The validity of my PR Card ranges from May 2010 to May 2015, therefore I will not meet the residency obligations by the time I return to Canada (only 1 year 8 months in a five year period), so technically I’ve lost my PR status and could face problems at the airport.

After reading a lot of posts in this forum of PR like me returning to Canada with less than two years of residence, I know that sometimes nothing happens at immigration, sometimes they give you a lecture, and sometimes they report you to CIC. Assuming the worst-case scenario in which they interrogate you before reporting you to CIC. Which documents, letters or papers should I take from my country to face better this scenario (the appeal)? I want to be prepared in case this happens so I would appreciate any help or recommendation. Should I contact the Canadian embassy?

Moreover, my plan is to study an MBA in Canada before joining the Canadian work-force. If I’m interrogated by CIC at the airport; and I show as a proof of my intention to settle the acceptance letter (which I had) from University. Would that be beneficial or detrimental to my case?? I mean, would they consider an offence to study with a PR card instead of a student visa, or would that be a great proof of my intention to immigrate to Canada?

Thank you for your responses.

 

[Leon]

It depends more on your personal reasons for staying away than for anything else. If your personal reasons were that you wanted to study in your home country or you had a good job there, that will not be accepted as a reason not to meet the requirements while if you had a sick parent and you were there helping take care of them and you can prove it, that would be considered a valid reason.

 

[ryan007]

Tonyo;
Dont worry , sis...I think you will sail through immigration...my personal experience being in my fifth year out of Canada due to my moms ill-health, is that they started noticing I was not going to meet the residency requirements in my fourth year..i.e.last year only.....I think you should not have a problem...but it all depends on the situation and the person you come across at the immigration counter....All the best...

 

[tonyo]

Thank you so much for your responses:

Leon, I have a couple of additional questions:

1) In your experience: have you ever met a case or a person who has been reported at the airport for not meeting the 2 year residency obligation?? If yes, what was the result??

2) I've read somewhere that for an "unnoticed" PR who is in Canada for less than 2 years in a 5 year period, is best to exit and enter Canada by private car if he is forced to travel. Is that true?? Why is that the best option?

Thank you

 

[Leon]

1) In your experience: have you ever met a case or a person who has been reported at the airport for not meeting the 2 year residency obligation?? If yes, what was the result??

I have seen people post about having been reported on entry. I do not remember anyone coming back and saying what the result was. However, there is one person on this forum who was not reported on entry, however stayed in Canada for 1 year before attempting to sponsor her family. Upon sponsoring, they saw from her address history that she did not meet the requirements and called her in for an interview. She was allowed to explain her circumstances for why she could not meet the residency requirements and they let her keep her PR.

2) I've read somewhere that for an "unnoticed" PR who is in Canada for less than 2 years in a 5 year period, is best to exit and enter Canada by private car if he is forced to travel. Is that true?? Why is that the best option?

If you care about your PR, you would stay in Canada for the 2 solid years because if you travel, each time you come back, you run the risk of being reported. If you travel by private car, there is not an absolute requirement to have a valid PR card in order to travel. You could state when you enter that you did not bother to renew your PR card and that they should point out the rules that say you need one to travel across the land border. However, if they think that you did not renew your card because you don't meet the requirements, they do have the right to report you on entry and you would have to appeal for your PR then, either proving that you do meet the requirements or that you had good reasons why you couldn't.

 

[tonyo]

Thanks for your time Leon.
I appreciate your help!

 

[tonyo]

Hello everybody!!

It's been a while since my last post. I would like to share my experience reentering Canada hoping that, although long, someone will find it useful and also, I would like you to help me clarify some concerns that I have.

First of all, despite my worries, right know I am writing from Toronto, Canada. I arrived here by the end of July 2013. As some of you may notice from my previous post, I did not comply with the minimum residency obligation time, and that was an issue for me.

When I arrived at Pearson Airport, just after getting out of the plane, some inspectors were checking that all passengers have their landing form completed and at the same time, they were asking questions to every passenger. There were some questions for visitors, and other questions for PR which were:
- "When was the last time you were in Canada? Was more than three years ago?"
I explained briefly why I've been outside of Canada for more than 3 years, and the officer told me: -"Ok, just make sure to mention that upstairs", and he let me pass.

Then I was in the line of immigration (or I thought it was), the line that every airport has, where they check your documents and put the stamps on the passport. I was expecting to have a difficult conversation there, however, the person that deal with me was very kind and respectful. He asked me the routine questions while looking the computer: "Why do you come to Canada?", "Where do you plan to live?", "Why were you outside Canada more than 3 years being a PR?"
I answer all the questions very calmed and with honesty, and explained all my reasons of why I didn't comply with the residency obligations.
He seemed satisfied, signed my passport, put the stamps on it and let me pass. At that moment I was very alleviated... I thought I have made it without trouble.

However, just before entering the Baggage Claim Area, there was another standard check at the airport. A lady was making a very quick check at everybody's passport (just from outside) and seemed to be assigning by random some people to one additional line, and the other people to continue to baggage claim. I was selected for the additional line thinking that it was maybe the typical airport random assignment for customs or baggage check; but to my surprise, it turned out to be the CBSA line (Immigration).

There I passed one of the hardest times of my life, a middle-aged lady with a bad temper started asking me questions, and she soon find out that I have not met the residency obligations. I explained my reasons, why I planed to do at Canada, but she doesn't seemed to care. She start saying:
"It doesn't matter, you knew the rules, and the rules says that you should not be away from Canada more than 3 years in the last 5 years... I'm sorry"
She kept asking lots of questions, and after a while she said:
"Ok, I will let you pass, but the next time you leave Canada... we will take you this... do you understand?", and she pointed at my PR card.
"And I will put that in the computer", she threatened me, and then started typing something in the computer for a while before letting me go.

I have almost 4 months in Canada, studying full time at UofT, and I have even had some job interviews for summer internship. Winter is coming here, but overall things have been doing great, and that is why I plan to reside here permanently.
However, due to the program in which I am enrolled with, I have discovered that in the near future I will have to make a couple of short travel (one week or so) to the United States as part of some industry tour organized by UofT, or maybe to participate in business competitions.

So my doubts are:

1) All PR have to pass through that CBSA line that is behind the standard immigration check at Pearson airport, or I was just unlucky?

2) Is it true or it is legally possible that the next time I leave Canada (in the next 2 years) they will automatically take away my PR card? I mean, this is going to be an automatic action because there is an observation in my file "at the computer", or it will depend on the criteria of the immigration officer in charge?

3) Given my current situation, what can I do to take those short visits to the US?

Thanks in advance for your help, specially the VIP members.

 

[Leon]

They can not take your PR card away from you but they can report you for not meeting the RO. Next time you leave Canada, nothing will happen but when you re-enter and they scan your card and out pops something on the computer that the last immigration officer wrote about you having been outside Canada for more than 3 years, this next immigration officer may decide to report you and if they do, you will have to appeal for your PR and unless you had solid humane & compassionate grounds for being outside so long and can prove them, you may lose that appeal and thereby your PR.

If I were in your situation, I would not risk leaving Canada until you have 2 solid years. Tell your university that you are unable to travel and ask them if you must or if there is a way to get out of it. You do not have to tell them there there is an issue with your PR, you can say that you have an issue with your passport or something else. You could even say that you were banned from the US because you tried to enter and they thought you were a risk to overstay.

 

[Hasher]

My friend consider yourself lucky and do not try unnecessary risk. Whatever that lady noted will remain in computer for another few years or may be forever. The secondary check is almost happen with everyone with suspected RO.

The moment you enter next time the comments will pop up to next CBSA officer and would not left them any choice not to report unless you are very lucky on that day also.

 

[Msafiri]

You already used your get out of jail card....breaching the RO and making it into Canada without report especially when you've been flagged means you are best to remain away from any further interaction with the immigration authorities. Why take a chance on getting an agent that decides to report you? The courts don't like PR holders who get a pass on the breach effectively 'flipping the bird' at the system with yet more breaches. A tough call as per Leon you need to drop the travel and maybe the course (or re-shuffle your courses for later travel) but you did bring this on yourself.

 

[scylla]

What others have said. Don't leave Canada until you meet the PR residency requirement. Forget about the trips to the US if you value your PR status.

Time to make some hard choices.

 

[ryan007]

Agree with Leon,Scylla,Msafiri.....

I too have made a conscious decision to stay in Canada for a solid 2 years before attempting to renew my PR since I have landed last month.Though I was away due to a genuine personal reason related to the health of my ageing parents.

The Canadian coy I set up subsequent to my return is in the process of setting up a JV with a American Patent holder related to Green Hybrid Energy System which would necessitate me to visit SF, but I prefer to have a Canadian representative ( a college friend of mine) who is freelancing and visits US ( though the East Coast) on a one week on one week off basis.
Work yourself around the situation you are in and I am sure UoT will allow you to keep the course or suspend it temporarily till you are eligible for travel out of the country ( or rather into!!). Talk to a counsellor at the UoT, they will help you out for sure.
Just to give an example, My brother in law recently immigrated to NZ having enrolled on a 2 year MBA, which he wanted to shorten into a diploma or something as it was getting tough to put bread on table for his family.The Univ organized a part time lecturers opening for him, considering his extensive International Senior Management experience in Marketing and Sales which has helped him to pursue the original programme while easing the financial burden on being out of a job for two years. All the best, though.Speak to a counsellor at UoT they will help you out.But my personal advice would be to be honest and tell the counsellor the truth once you develop a rapport with the person. Again it is personal based on my experiences in life, it helps you in the long run. We are going through some very rough weather on a Immigration issue related to my mother in law as a PR application was made under refugee status which got rejected and she is now a subject of a removal order in force.