RO not met but need to travel out of Canada with a valid PR . Should I travel by land to avoid getting reported ?

[vikram100185]

Hi Everyone ,

I got my PR in April 2018 , it's currently due to expire in July 2023. I came to Canada on 1st May 22 , so clearly not going to be meeting my Residency obligations.

I am still working for my Malaysia company remotely , while I look for a job here in Canada . However , I need to take two business trips :

For 5 days in the US in the last week of May 2022
For 14 days to Malaysia in July 2022

I have few questions

1. What are chances of me getting reported at the Immigration while coming back to Canada from these trips?
2. Do you think it's better to travel by land which I can also do- drive from the US via the border near Niagara Falls ? I was told land borders should not be a problem but looking for more feedback as I am a little nervous about travelling in and out.

3. Although I plan to stay most of my time in Canada until my PR expires , there could be some trips I need to take to meet the family back in India or some business trips after I get a job here for a Canadian employer. Do you think it's always safe for me to enter by land from US as long as I have a valid Canadian PR ?
Or At what point I should avoid any travel out of Canada closer to the expiry of my card .

4. Which lawyer do this forum suggest for consultation?

Thanks so much!!

 

[steaky]

4) The host of this forum

 

[armoured]

1. What are chances of me getting reported at the Immigration while coming back to Canada from these trips?

Honestly no-one can say. Possibly not high. But will partially depend on how your interaction with CBSA went on your return in May, which you don't mention.

Being clearly settled in Canada and making only infrequent short trips will be better than only visiting Canada after long periods away.

Some but declining lenience for 'covid reasons' is likely. (Declining over time)

2. Do you think it's better to travel by land which I can also do- drive from the US via the border near Niagara Falls ? I was told land borders should not be a problem but looking for more feedback as I am a little nervous about travelling in and out.

Opinions differ. Not clear either way. Perhaps more of an inclination at land borders for them to assume trips were short ones to USA. Or perhaps that is just my own guess based on impressions. If there is any difference, it's probably not a large one - better to focus efforts on other aspects.

3. Although I plan to stay most of my time in Canada until my PR expires , there could be some trips I need to take to meet the family back in India or some business trips after I get a job here for a Canadian employer. Do you think it's always safe for me to enter by land from US as long as I have a valid Canadian PR ?
Or At what point I should avoid any travel out of Canada closer to the expiry of my card .

There is no "always safe" approach apart from avoiding interactions with IRCC/CBSA (eg travelling back to Canada and being examined at port of entry). There will always be some risk of being reported for being out of compliance. You have to decide how much you can live with, taking into account the potential consequences. If reported you'll have a chance at appeal.

That said - as noted - being clearly settled in Canada, including employed, with shorter infrequent trips for 'reasons' lower risk than the obverse. (Eg they probably do have some sympathy for those doing short trips due to work)

Keep in mind travel will get more difficult when PR card expires.

One point is to also pay careful attention to what CBSA officers say at border crossings - indications of a verbal warning or a flag being put on file, etc. Those may not be consistent or perfect indicators but give some idea over time.

 

[vikram100185]

Honestly no-one can say. Possibly not high. But will partially depend on how your interaction with CBSA went on your return in May, which you don't mention.

Being clearly settled in Canada and making only infrequent short trips will be better than only visiting Canada after long periods away.

Some but declining lenience for 'covid reasons' is likely. (Declining over time)



Opinions differ. Not clear either way. Perhaps more of an inclination at land borders for them to assume trips were short ones to USA. Or perhaps that is just my own guess based on impressions. If there is any difference, it's probably not a large one - better to focus efforts on other aspects.



There is no "always safe" approach apart from avoiding interactions with IRCC/CBSA (eg travelling back to Canada and being examined at port of entry). There will always be some risk of being reported for being out of compliance. You have to decide how much you can live with, taking into account the potential consequences. If reported you'll have a chance at appeal.

That said - as noted - being clearly settled in Canada, including employed, with shorter infrequent trips for 'reasons' lower risk than the obverse. (Eg they probably do have some sympathy for those doing short trips due to work)

Keep in mind travel will get more difficult when PR card expires.

One point is to also pay careful attention to what CBSA officers say at border crossings - indications of a verbal warning or a flag being put on file, etc. Those may not be consistent or perfect indicators but give some idea over time.

Hey Thank you so much for the detailed answer. here are my replies to your query :

1. Nothing happened when I came in May. I travelled by Air and the immigration officer didn't ask me any question as such. It was smooth.

2. Yeah - I was told the land borders are quite busy , and by land obviously their focus is more on getting homeless or druggies or anyone carrying weapons etc than anyone with a valid expiry card. And I definitely plan to stay more time in canada and only take trips which are absolutely necessary until the PR expiry date and then just stay continuously. I am still looking for a job , but hopefully will get one in few months.

 

[armoured]

Hey Thank you so much for the detailed answer. here are my replies to your query :

1. Nothing happened when I came in May. I travelled by Air and the immigration officer didn't ask me any question as such. It was smooth.

2. Yeah - I was told the land borders are quite busy , and by land obviously their focus is more on getting homeless or druggies or anyone carrying weapons etc than anyone with a valid expiry card. And I definitely plan to stay more time in canada and only take trips which are absolutely necessary until the PR expiry date and then just stay continuously. I am still looking for a job , but hopefully will get one in few months.

Not having had an issue is a good sign, obviously. Do be prepared to explain - in future - if asked why you took so long to settle in Canada (basically). You can certainly say 'covid and uncertainty due to covid' (and whatever other reasons apply to you, of course).

Make sure to file/pay taxes in Canada incl on your foreign income. And yes, a job here will be a plus.

Other than that - there are no guarantees and hence all you can do is minimize risk and encounters and be ready, have an idea what next steps are if something comes up. For the most part that means travel outside Canada less, if you can.

(Reading other threads and getting a sense is a good idea.)

 

[vikram100185]

Not having had an issue is a good sign, obviously. Do be prepared to explain - in future - if asked why you took so long to settle in Canada (basically). You can certainly say 'covid and uncertainty due to covid' (and whatever other reasons apply to you, of course).

Make sure to file/pay taxes in Canada incl on your foreign income. And yes, a job here will be a plus.

Other than that - there are no guarantees and hence all you can do is minimize risk and encounters and be ready, have an idea what next steps are if something comes up. For the most part that means travel outside Canada less, if you can.

(Reading other threads and getting a sense is a good idea.)

Thanks so much. This is very helpful.

Yeah - I am consulting with a lawyer to understand what options I have and how I can make them work.

 

[canuck78]

Given that you haven’t met RO any travel is a risk so things like travelling for anything but essential travel should be avoided to minimize risk. You have minimal ties to Canada since you aren’t even employed so yet another reason that travel should be avoided unless absolutely impossible. When you no longer have a PR card travel should be avoided 100% because risk of being reported increases dramatically.