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U.S citizen/Permanent canadian resident

scylla

VIP Member
Jun 8, 2010
93,111
20,621
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thank you scylla for your cogent answer about using a US passport even though one has Canadian PR status. In terms of being reported, what are instances would they do that? and what kind of documentation should I bring each time to show intent and ties to Canada in a file, just in case I get asked further. I am worried about being reported, but again, I could always appeal with an attorney I hire in Vancouver to represent my case. Thoughts?
If CBSA doesn't believe you meet the residency requirement, there's a high chance they will report you. It's not about intent and ties to Canada, it's all about whether you physically lived in Canada for 2 years out of the last 5 to meet the PR residency requirement.

You don't need a lawyer at the border. If anything, that will just draw more attention to yourself and increase the likelihood of being reported because it will look like you have something to hide. Also, appealing doesn't happen at the border. You simply have to enter and hope you are not reported.

If you are reported by CBSA and have to appear at a hearing to argue why you should be allowed to keep your status, that would be the time to bring a lawyer. To win at this hearing, you need to prove you had strong H&C reasons that forced you to be outside of Canada and made you unable to meet RO. IRCC does not accept education, employment or financial reasons as acceptable reasons for having failed to meet the residency requirement.
 
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