Troublied

[Six]

Consider this scenario
If we manage to enter Canada in breach of Residency Obligation either by convincing the POE officer on reasons or otherwise and gets a job, then will the officials be able to find out our status in RO with the SIN which we will have to provide to the employer ??

 

[Six]

Ok . But my question is if they can find if we are in breach of RO with the SIN number ?

 

[Six]

No,please. It's still valid 6/7 months

 

[ZingyDNA]

Consider this scenario
If we manage to enter Canada in breach of Residency Obligation either by convincing the POE officer on reasons or otherwise and gets a job, then will the officials be able to find out our status in RO with the SIN which we will have to provide to the employer ??

If you manage to enter Canada without getting reported, your employer won't know you are in breach of RO. I'm not sure who are the "officials" you are talking about? You can live just like any other PR. It's just that you won't be able to renew your PR card until you meeting the RO.

 

[Six]

Thanks. By officials I meant any officer from the Government CIC, CRA etc.

 

[Leon]

No, there is no note on your SIN watching for PR card expiry or travel history.

 

[Six]

During the short time I was in Canada,Ontario I had not applied for health card.If I now manage to enter Canada without being reported for breach of residency obligation, can I apply for the health card. Will they be able to find out I am in breach of RO because of this application.

 

[Six]

The belief that a PR who manages to enter Canada while in breach of RO can apply for a new card after sitting tight in Canada for two years making up for the breach may be flawed.

Consider this scenario
1 Became PR and got PR card in 2010
2. Somehow Returned to Canada in blatant breach RO in 2015 and remained till 2017
3. Applied for PR renewal in 2017(730+ days after date of rentry in 2015)
4. The PR renewal package asks for a copy of the existing card( which is not valid anymore)
5. A quick examination of the PR card and the application will clearly show that this man had lived in Canada in breach of RO for two years..
What could be the result of this finding

 

[Six]

Thoughts, Any learned person

 

[Six]

Thanks.Can the delay and secondary review result in a Removal order or have any other effect on Citizenship application in future. Excuse if the question is outrageous

 

[zardoz]

The belief that a PR who manages to enter Canada while in breach of RO can apply for a new card after sitting tight in Canada for two years making up for the breach may be flawed.

Consider this scenario
1 Became PR and got PR card in 2010
2. Somehow Returned to Canada in blatant breach RO in 2015 and remained till 2017
3. Applied for PR renewal in 2017(730+ days after date of rentry in 2015)
4. The PR renewal package asks for a copy of the existing card( which is not valid anymore)
5. A quick examination of the PR card and the application will clearly show that this man had lived in Canada in breach of RO for two years..
What could be the result of this finding

It doesn't matter if you WERE in breach of the RO. What matters is if you ARE in breach on the date that CIC received an application from you and/or examines your compliance. They are not permitted to be retrospective in the examination of compliance.

 

[dpenabill]

The belief that a PR who manages to enter Canada while in breach of RO can apply for a new card after sitting tight in Canada for two years making up for the breach may be flawed.

Consider this scenario
1 Became PR and got PR card in 2010
2. Somehow Returned to Canada in blatant breach RO in 2015 and remained till 2017
3. Applied for PR renewal in 2017(730+ days after date of rentry in 2015)
4. The PR renewal package asks for a copy of the existing card( which is not valid anymore)
5. A quick examination of the PR card and the application will clearly show that this man had lived in Canada in breach of RO for two years..
What could be the result of this finding

I fully concur in the brief, to the point observation made by zardoz:

It doesn't matter if you WERE in breach of the RO. What matters is if you ARE in breach on the date that CIC received an application from you and/or examines your compliance. They are not permitted to be retrospective in the examination of compliance.

And, indeed, the observation made by zardoz warrants emphasis. Bottom-line: once a PR is no longer in breach of the PR Residency Obligation, it is as if the PR never was in breach.


That said: There are, potentially, collateral consequences.

As noted otherwise, the PR who has had extensive absences in the relatively recent past is more likely to face elevated scrutiny when applying for a new PR card. What matters is whether the PR is currently in compliance with the PR RO but CIC appears to be inclined to take a longer, closer look into such a PR's residency.

Additionally, similarly, when such a PR subsequently applies for citizenship, there may be an elevated degree of scrutiny of residency.

Additionally, depending on circumstances and overall history, such a PR may face elevated scrutiny at a POE when seeking to re-enter Canada in the future (depending in particular on the extent of recent absence or absences).

All this is predictable using common-sense.

 

[Six]

Brilliant . Thanks

 

[Leon]

Six, you can find proof of this here: http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf on page 12.

For persons who have been permanent residents of Canada for more than five years, the only five-year period that can be considered in calculating whether an applicant has met the residency obligation is the one immediately before the application is received in the visa office. A28(2)(b)(ii) precludes a visa officer from examining any period other than the most recent five-year period immediately before the date of receipt of the application.

Even if a person had resided away from Canada for many years, but returned to Canada and resided there for a minimum of 730 days during the last five years, that person would comply with the residency obligation and remain a permanent resident. An officer is not permitted to consider just any five-year period in the applicant’s past, but must always assess the most recent five-year period preceding the receipt of the application.

So as you can see, this loophole or what you may want to call it is allowed and is there in the immigration operational manuals. If a man got his PR 7 years ago, left again, entered again 2 years ago somehow and managed to stay his 2 years until now, he could now apply for a PR card and they would only be allowed to assess the period of the past 5 years in which he meets the RO.

This may however not be true for someone who got PR 5 years ago and enters today and wants to renew his PR card 2 years from now because nobody can guarantee you that they will not change these guidelines in the next 2 years.

 

[Six]

Thanks again. So it's up to the individual to take a calculated risk