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RO Breach and Re-enter, Questions to expect

Discussion in 'Permanent Residency Obligations' started by Ola_NL, Feb 6, 2019.

  1. Hello All,

    Me and my family(3 total) planning to move back in end of April 2019 to Canada and by then we will in RO breach by about 4 months (PR card valid till Mid Aug 2020). We are aware we might reported or might not.

    We were in Canada from May-2015 to Nov-2015 than in May-2018 about 9 days. Mainly we want to know what kind of questions we can expect at PoE? If anyone had gone through similar situation and can share what kind of questions they had faced?
    what answer we can give (Reason for stay outside canada is family+Job). We want to answer everything truthfully.
    Also any suggestion to which airport to fly-In?

    Please suggest us to prepare our answer in advance.

    Thanks lot to all.
     
  2. Only couple of comments as cannot advise on questions likely to asked other than how long have you been away which is one could be asked.

    1)makes no difference which airport you chose or even land border given if you are destined to be questioned about failing the RO it will just happen, may not but there is no way to predict. You may be lucky and just be waved through With valid PR cards but you have been away near 3 years and half years by time you plan to come back.

    2)financial and work reasons are not generally accepted as reasons for failing the RO. As for family sometimes accepted if for example a very serious ill close family member is involved but proof would be required

    Good luck
     
  3. Thanks @Bs65. :)
    I am aware of the risk you mention, But mainly i want to know what kind questions will be asked/? Any idea?
     
  4. 1 how long have you been out of canada?
    2. Where were you?
    3. Why you have to be there?
    4. Why you do not comeback earlier?
    5. Why do you come back now?
    6. how long do you plan to stay in Canada this time?
     
  5. No specific questions will be asked.
     
  6. Maybe no specific questions but does not mean that the OP should not have answers for any questions that may or may not be asked. Entering the country having failed the RO can be just matter of luck depending on the CBSA officer at the time.

    As always with CBSA only answer questions asked honestly do not volunteer any information. So easy for people to try starting a conversation with CBSA that leads them to ask questions that otherwise might not be asked.
     
  7. Note: there are many reports that PoE officers have been asking PRs to fill out a written Residency Questionnaire if there are concerns about Residency Obligation compliance for the returning PR . I have not seen a copy of this but I'd expect it to be similar to the questionnaires sometimes sent PRs when a PR card application has triggered a formal Residency Determination. Mostly the usual: work history, address history, and travel history. Plus some.

    In addition to that the returning PR who is cutting-it-close, or who is actually in breach, should be prepared to fully explain ALL reasons why the PR has been abroad so long. All truthful reasons of course. And even reasons some forum participants say will NOT be considered in the H&C assessment, like financial/employment reasons.

    On the contrary, the typical PoE examination will often entail a number of very specific questions. There are almost always at least one or three specific Customs related questions. Perhaps the most common specific question asked is "where do you live?"

    For many of us, the number of specific questions asked during any given PoE examination is few. But even those of us who are now citizens, and for those who have always only been a Canadian citizen, it is not at all uncommon to be asked a variety of very specific questions. Though here again "where do you live?" is perhaps the most common, that and "how long have you been outside Canada?" (or some version of that).


    PIL versus SECONDARY examinations:

    I am often perplexed why so few distinguish the questioning encountered at the Primary Inspection Line (PIL) versus that encountered in Secondary. Huge differences. Except the traveler nonetheless must give truthful answers to both. And, generally, it is better to simply give a truthful, factual, simple answer and NOT elaborate or offer additional information.

    In any event, for the PR who is returning to Canada after an absence of two plus years, and definitely if returning after three plus years, the likelihood of a referral for a Secondary examination is high. Best I can discern, PRs in this situation are increasingly asked to complete the written Residency Questionnaire. Work history. Address history. Travel history. And since some Harper-era amendments, there are more severe penalties for misrepresentations made in this process.

    At the PIL, all the officer is trying to discern is whether or not to make a referral to Secondary or waive the traveler through. Some fudging might get the PR past this screening, no referral to Secondary, BUT these days there is an increased chance that fudging answers to the PIL will NOT work and will tend to make matters worse or potentially a LOT worse.

    Trying to predict the PIL officer's questions is a fool's game. I've had PoE PIL exchanges which in retrospect seemed like an exchange of grunts, if that, and a waive through. Sure, there was an actual question or three, and my answer, but what the officer was really looking at was my Travel Document and my face. On the other hand, I have had some bizarrely complicated PIL exchanges, including some very specific questions probing the details about my work, where I live, my relationships, my reasons for travel.

    Trying to script the PoE examination tends to be futile, at its very best.
     
    evdm and Buletruck like this.
  8. Well experiences of my family members are in the complete opposite to the lenghty speculation above.

    Two family members, both PR, both living outside of Canada, just visiting occasionally, no chances that they will meet the RO in the five years timeframe are never asked anything specific at the Toronto or Montreal airports when arriving from Europe.

    Usual questions are one or two from this list: Where are you coming from. What is your status in Canada. Where you gonna live in Canada. When was the first time you came to Canada. When was the last time you came to Canada. How many checked bags you have. Have you been to a farm, are you going to a farm. Have you been to a West Africa. Are you bringing any food with you.
     
  9. Am I missing something. A wave of T-logic invading Canada perhaps?

    One paragraph states "never asked anything specific . . ."

    And the next paragraph lists a number of specific questions as example of "usual questions" asked.

    Moreover, hard to imagine how questions could be more specific than "When was the last time you came to Canada," not to mention this is actually totally consistent with what I observed (based on actual experience; no "speculation" necessary), that among the more common questions is " ' how long have you been outside Canada?' (or some version of that)" . . . NOT at all the "complete opposite" (unless, again, one is employing our neighbour to south's T-logic).

    And of course there is still the typical lack of any distinction between PIL questions (which is all most of us are asked most of the time, assuming there is rarely any reason to refer us for a Secondary immigration interview) versus questions asked in Secondary . . . which, when there is a Secondary examination, that is when the questions get a lot more specific and potentially numerous. In this regard (and here too, no speculation necessary), there is a huge difference in how things might go depending on whether one is waived into Canada by the PIL officer or referred to a Secondary immigration interview. For any returning PR who is not in compliance with the RO, the latter circumstance (being referred to a Secondary interview) dramatically elevates the risk of being reported. And even if not reported during that examination, it elevates the risk of a flag in FOSS which could trigger another and more strict interview the next time (depending on a variety of factors).

    In any event, it makes NO SENSE to say there are NEVER any specific questions and in the same post enumerate a number of "usual" specific questions.

    AND the overriding point which should not be lost in the shuffle is that any time a PR who is in breach of the RO is returning to Canada, there is a RISK of being asked questions which could lead to a more or less formal RO compliance interview. There is NO DOUBT about this risk. There are literally dozens and dozens of official reports of actual cases in IAD decisions illustrating how this happens. Again, no speculation necessary.
     
    Ola_NL likes this.
  10. Dear Seniors,

    Next month I am planning for entering Canada with my wife and daughter with approx .4 months RO breach.
    (Note that we are still in 1st 5yrs period of PR)
    We had 1st left Canada in end Nov.2015 and then visited last year in May for 9 days.
    My Question is: Whey they ask how long we were away then what best answer we shall provide?
    About one year away or 3.4yrs or any other best short answer? Please guide.
    Also any other specific tips.
    If somebody had recently enter with RO breach can share experience will be very helpful.
    Thanks lot for helping us.
     
  11. If they ask you specific questions, the only correct answer is the true one. If you try to mislead CBSA or simply lie to them, they will almost certainly detect that. This will make them much more likely to report the non-compliance, rather than giving you a second chance.
     
  12. Hello @zardoz , Thanks for your reply. I am not saying that i am going to lie or mislead.
    I want to know what best answer i can give when they ask how long i was outside?
    I mean, i shall refer my last year visit or Nov 2015 exit as reference to answer above question?
    I am not clear what i should answer.
     
  13. The answer depends on the exact question. For example, "when were you last in Canada?" would be May last year. However "when did you last live in Canada?" would be 2015.
     
    Ola_NL likes this.
  14. The truth ,have no clue why just telling the truth would be hard, versus “ the best answer “
     
  15. Thanks for detail answer.
     

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