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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. Thanks @zardoz
  2. I understand BOTH the nature of your query AND the concerns expressed by others emphasizing the need to simply answer questions directly and TRUTHFULLY.

    While there have been some reported success in attempts to, in effect, script the PoE examination, those are at best anomalies, success a coincidence, or simply NOT reliable reports.

    Sure, a returning PR can and should reasonably anticipate the possibility he or she will be asked a wide range of questions relating to facts and circumstances which are relevant to a Residency Obligation examination, and particularly so if the PR is cutting-it-close, and ESPECIALLY so if the PR has failed to comply with the RO. BUT this is mostly about refreshing one's memory so as to have the relevant facts in mind, so there is no hesitation or problem providing truthful answers.

    Just as attempting to script responses is largely a futile effort, hesitant or reluctant answers, especially if appearing to be evasive, including "I don't remember" or vague answers, tend to invite more questions and concerns, more scrutiny, if not outright suspicion.

    As has been emphasized, a PR in breach is AT RISK for being reported. That said, the less in breach, the sooner the PR actually comes to Canada, the less the risk. Other positive factors can include how recent the last trip to Canada was.

    But it can also be helpful to refresh your thinking about the reasons why it has taken this long to come to Canada to actually settle. And, indeed, whether or not it is apparent the PR is coming to actually settle and stay can influence how it goes in the PoE examination.

    While different CBSA officers approach enforcement of the RO differently, some more strictly, some tending to be more flexible, GENERALLY there is little indication the PoE officers are going out of their way to find reasons to Report a returning PR. I am hesitant to put too much emphasis on the likelihood of being waived through without a problem, because there is real RISK otherwise and the consequences are severe, but my sense is that the sooner you actually come, the odds in your favour should be fairly good. And this is another reason to NOT try scripting your answers: the more upfront and honest you appear to be, the more likely a border official will be sympathetic and supportive . . . but if the PR is perceived to be evasive, vague, deflective, or hiding anything, or too cute, too scripted, that is one way to trigger an official's suspicions and more skeptical if not severe treatment.

    Even if you are referred to Secondary, and then challenged about not being in compliance with the RO, so that your reasons for not coming sooner become relevant . . . some reasons are far better than others EXCEPT the best reasons are the real, truthful reasons. Even reasons which are not formally considered that positive in a H&C analysis can help make a positive difference at this stage. For the PR who has had trouble giving up employment abroad, for example, and has delayed coming to Canada for financial reasons, even though this is generally NOT a positive factor in a H&C analysis, for the PR still within the first five years who is in breach but is making an effort to come and settle over a year prior to the fifth year anniversary, honestly stating this reason can help.

    And similarly, once in Secondary and being questioned about RO compliance, honestly providing information about the days you have been in Canada is (usually) better than being vague or evasive EVEN if this means directly admitting to the shortfall. Sure, some fudge, and do well. But most who fudge do not do well. The truth will not eliminate the risks of being reported. But being perceived to be honest and genuinely pursuing a life in Canada can significantly mitigate the risks. Being perceive to be otherwise, well that tends to go sideways and downhill, tending to make a bad situation a lot worse.

    Time is running out, of course. The sooner you arrive the better.
  3. Hello All,

    We have enter successfully without reported. I think remaining 16 months on PR card validity and previous 7 months stay help me.
    Feeling happy and nervous too. :)

    Now my next question is, what are the next immediate things i need to take care? I am in Ontario.

    Points i can think of:
    1. Health card renewal
    2.Schooling (Seems my daughter will miss few weeks of school since i am looking for place to stay, i want to avoid school change multiple time until i find long term stay) is this problem if my daughter will miss few weeks of school?
    3. How i can check that SIN is still good
    4. DL is still active? since i dont own car or insurance in last 3.4 yrs
    5. Any other imp thing?

    Please guide and suggest.
    Thanks lot in advance.
  4. #19 Copingwithlife, May 3, 2019 at 11:37 AM
    Last edited: May 3, 2019
    For the Drivers License , the best bet is what I would do is look at the expiry date on the DL...that would tell you. For Ontario it is on the right hand side, beside EXP.........short for Expiry

    Having a car, or insurance are two separate things.

    For the SIN, I would probably go back to where you got it......Service Canada
  5. 1. Apply whenever you get the place to stay. You might know that they will make the card valid only from 90 days of the entry to Ontario. So you can apply now or apply at the end of 90 days which wont make much difference.
    2. Dont worry about it. We do go for a month+ vacation to my country. Doesnt affect much. The syllabus here is less and your child might be already knowing from the previous school curriculum.
    3. It should be good but can just walk in and ask. Last to worry about.
    4. Yes it will be active. Dont worry on these.

    Mainly, do not renew your PR card till you meet RO, even if it means that your PR card expires.
  6. @akebar.92, few basics questions only:

    Where are you coming from?
    How long you were away?
    What you were doing there?
  7. So did you tell them the actual amount of time you spent overseas or did you tell them another amount? Because since you say that you did not meet RO at the time, why didn't the officer ask you about not meeting RO?
  8. @akebar.92, I mention the actual amount spent outside with truth. And I told him that I am back to Canada for permanent settlement now.

    Officer was very nice and kind enough to let us IN without any hassle. Tons of Thanks to him.
    dpenabill likes this.

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