Reentering Canada with valid PR but not met RO

[AAA1111]

Hi,

I am interested in your knowledge/experience as to whether CBSA can deny entry to PR holder (with 2 months to expiration) who potentially may not meet the RO requirement.
I have been in and out of Canada during my initial 5 year PR period (though not full 5 year yet) and will be short of 2 year RO requirement. I will have roughly 16 months in Canada (though I worked for a Canadian company abroad but it may not qualify due to other requirements such working prior and after the assignment). I am currently in Canada and intend to go on a business trip for 2 weeks and return around 2 months before my PR expiration.

I haven't submitted the renewal application yet and intend to do so soon, not sure how relevant this will be. But do you think CBSA can or has a right deny me the entry even before the PR expiration? Could you advise as to what I can do to mitigate any potential risks under the circumstances?

Thanks in advance for your input.

 

[zardoz]

Hi,

I am interested in your knowledge/experience as to whether CBSA can deny entry to PR holder (with 2 months to expiration) who potentially may not meet the RO requirement.
I have been in and out of Canada during my initial 5 year PR period (though not full 5 year yet) and will be short of 2 year RO requirement. I will have roughly 16 months in Canada (though I worked for a Canadian company abroad but it may not qualify due to other requirements such working prior and after the assignment). I am currently in Canada and intend to go on a business trip for 2 weeks and return around 2 months before my PR expiration.

I haven't submitted the renewal application yet and intend to do so soon, not sure how relevant this will be. But do you think CBSA can or has a right deny me the entry even before the PR expiration? Could you advise as to what I can do to mitigate any potential risks under the circumstances?

Thanks in advance for your input.

They can't deny you entry but they can report you with the aim of having your PR status revoked, after due process.

 

[AAA1111]

I've found this which actually answers the question I had:

ENF 23 Loss of permanent resident status
2015-01-23 31
7.8 Examining permanent residents at a POE
When a permanent resident appears at a POE for examination, the officer must confirm that
the person is a permanent resident. Officers must remain cognizant of the fact that the Act
gives permanent residents of Canada the right to enter Canada at a port of entry once it is
established that a person is a permanent resident, regardless of non-compliance with the
residency obligation in A28 or the presence of other grounds of inadmissibility.
Port of entry (POE) officers can refuse entry to a permanent resident only when the person
has already lost the status in accordance with the provisions of A46 (such as when a final
determination has been made that they have failed to comply with the residency obligations
or when a removal order comes into force). In other words, once a permanent resident’s
status is established, the person may enter Canada by right and the immigration examination
under IRPA concludes.
If an officer has concerns that a permanent resident has not complied with the residency
obligation ofA28, the officer should advise the permanent resident when the examination is
concluded that they are authorized to enter Canada; however the permanent resident may
wish to answer additional questions so the officer may determine whether their concerns are
well founded or not.
In cases where:
 permanent resident status is established;
 the permanent resident refuses to provide any further information and enters Canada;
and
 the officer believes, on a balance of probabilities that the person is in non-compliance
with the residency obligation,
officers may report the person, pursuant to A44(1). if there is sufficient evidence to support
an inadmissibility allegation. In the absence of sufficient evidence to support the writing of an
inadmissibility report, officers may enter any available information into FOSS (date of entry,
last country of embarkation, current address in Canada etc.).


Under the circumstances, I don't think there could be a sufficient evidence (even though CBSA can see my entry/exit log) since I can claim working outside of Canada. At this point, without examining all the documentation (related to working outside Canada), an officer may not have sufficient evidence, therefore can't issue A44(1) report, is my logic correct here or am I missing something here?

As a follow-up questions, what is the usual procedure under the circumstances? Will CBSA refer me for further assessment of my RO requirement?
I really appreciate if some seniors here could share their experience.
Thanks!

 

[Rob_TO]

Under the circumstances, I don't think there could be a sufficient evidence (even though CBSA can see my entry/exit log) since I can claim working outside of Canada. At this point, without examining all the documentation (related to working outside Canada), an officer may not have sufficient evidence, therefore can't issue A44(1) report, is my logic correct here or am I missing something here?

As you mention above, your work may or may not qualify you for exemption of the RO. You better be sure, as for work to qualify it's a very specific situation you have to be in.

The CBSA officer doesn't need any concrete proof. Even if he just has a suspicion, he can report you. You will then need to attend a hearing with CIC where you can formally present your reasons for not meeting RO.

 

[AAA1111]

Do you know what's the "due process" after they refer me? Or if there is a link I can learn more about it. Thanks!