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What do to now? Have not satisfied residency duration!

donutbox

Hero Member
Aug 7, 2010
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I am currently outside of Canada, with the intention of returning to Canada in another 2 weeks. I have stayed in Canada for only a few days in the past.

What do I do now if I only have 400 days left before my PR card expires and I intend to return (via airport) to Canada in another 2 weeks?

My concern is that Canadian immigration will stop me and prevent me from entering Canada because I have not satisfied the residency duration? Of course, I do not want to lose my PR, what option do I have to save my PR?

Also, if I indeed end up losing my PR, what are do I have for applying for a new PR?


Anybody here with experience can best advise what to do?
 
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HamiltonApplicant

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Hamilton
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Munich, Germany
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25-11-2010
My concern is that Canadian immigration will stop me and prevent me from entering Canada because I have not satisfied the residency duration?
This is least of your concern! Canadian immigration will definitely let you in, but, they may alert IRCC.
 

donutbox

Hero Member
Aug 7, 2010
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This is least of your concern! Canadian immigration will definitely let you in, but, they may alert IRCC.
Can you explain further what consequences I would be looking at should they alert IRCC? Also, if/when Canadian immigration notifies IRCC, do they also let me know that they have notified IRCC?
 
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Buletruck

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May 18, 2015
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CBSA would report you on entry for breach of RO. They would file a report which essential says you don't meet RO and that you have 30 days to appeal or you status will be revoked. If you appeal you can remain in the country until the appeal is decided on. If you win, you retain your PR status. If you loose you can request a judicial review. If the review is approved, a judge will review your case for errors in law and decide if a mistake was made. IRCC would then review the case again, but with a different officer (doesn't mean the decision will change). If you loose, you loose your PR status and have to leave.

If you loose your PR status, you get to start over from the beginning.
 

donutbox

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Aug 7, 2010
487
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Can you explain further what consequences I would be looking at should they alert IRCC?
CBSA would report you on entry for breach of RO. They would file a report which essential says you don't meet RO and that you have 30 days to appeal or you status will be revoked. If you appeal you can remain in the country until the appeal is decided on. If you win, you retain your PR status. If you loose you can request a judicial review. If the review is approved, a judge will review your case for errors in law and decide if a mistake was made. IRCC would then review the case again, but with a different officer (doesn't mean the decision will change). If you loose, you loose your PR status and have to leave.

If you loose your PR status, you get to start over from the beginning.

Thanks for the details.

How normal/common is it for someone who lose their PR for not satisfying RO, to then start over the process from beginning to get a new PR?

Also, assuming I manage to get into Canada (and CBSA notifies IRCC), are there any limitations in terms of my rights to live and work in Canada?

For example, lets say my PR expires 3 months later while I am in Canada. How do I renew that expired PR?

My understanding is I would need to actually live in Canada for 2 years before I could attempt to renew the expired PR. But if I cannot immediately renew the expired PR (until 2 years), how do I prove I am a valid PR card holder and allowed to apply for employment, or just even having proof that I am a legal (permanent) resident of Canada, etc? Wouldn't I just be walking around Canada without any kind of immigration status?


 
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Buletruck

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May 18, 2015
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As is often the case, people over value a PR cards importance. It's just a travel document. Technically that's all it's for......getting on commercial transportation to Canada. You don't need it for a job, or a drivers license. So waiting 2 years shouldn't be an issue as long as you have a SIN number. And they will grant you a 1 year PR card while your appeals are being processed.
As for rights, until they revoke your PR status, you are a PR. Nothing in that aspect changes.
 

donutbox

Hero Member
Aug 7, 2010
487
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As is often the case, people over value a PR cards importance. It's just a travel document. Technically that's all it's for......getting on commercial transportation to Canada. You don't need it for a job, or a drivers license. So waiting 2 years shouldn't be an issue as long as you have a SIN number. And they will grant you a 1 year PR card while your appeals are being processed.
As for rights, until they revoke your PR status, you are a PR. Nothing in that aspect changes.
Okay, thanks for explaining.

How exactly do they notify me of a PR revocation? I assume it's via snail/physical mail, but how would they know what address to send the notification to?
 

Rob_TO

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Okay, thanks for explaining.

How exactly do they notify me of a PR revocation? I assume it's via snail/physical mail, but how would they know what address to send the notification to?
You would be notified upon entry to Canada by CBSA. You will know immediately if you're being reported or not.

What is your reason for not meeting the RO? If you don't have a valid H&C reason (like the serious medical condition of a family member), then if reported you will have 30 days to choose to appeal or not. If you appeal you can continue to live/work in Canada until your appeal date, but without valid H&C reasons your appeal would most likely be denied and then you'd have your status revoked and need to leave Canada.

If you did not want to lose your PR status, you should have made more of an effort to actually live in Canada to meet the RO.

If you enter Canada but are not reported, you then need to stay here for 2 straight years without leaving for any reason. After that you would be back in compliance with the RO and can only then apply to renew PR card. As long as you don't bring your status to attention of IRCC/CBSA (like by applying to renew your card or leaving/re-entering Canada), then it's fine to live here 2 years and nobody should notice.
 

donutbox

Hero Member
Aug 7, 2010
487
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You would be notified upon entry to Canada by CBSA. You will know immediately if you're being reported or not.

What is your reason for not meeting the RO? If you don't have a valid H&C reason (like the serious medical condition of a family member), then if reported you will have 30 days to choose to appeal or not. If you appeal you can continue to live/work in Canada until your appeal date, but without valid H&C reasons your appeal would most likely be denied and then you'd have your status revoked and need to leave Canada.

If you did not want to lose your PR status, you should have made more of an effort to actually live in Canada to meet the RO.

If you enter Canada but are not reported, you then need to stay here for 2 straight years without leaving for any reason. After that you would be back in compliance with the RO and can only then apply to renew PR card. As long as you don't bring your status to attention of IRCC/CBSA (like by applying to renew your card or leaving/re-entering Canada), then it's fine to live here 2 years and nobody should notice.

"What is your reason for not meeting the RO?" It is somewhat complicated, but to put it in a nutshell, the practical reason is could not find a job that would allow me to sustain myself while being in Canada. Based on my calculations I would have depleted my limited financial resources supporting myself while hoping to land a job that would in return pay the bills. Maybe I should have been more "hopeful." I don't think this counts as a valid H&C reason.

Would domestic flights count as possibly bringing attention to IRCC/CBSA?

Is the initial appeal something I can do on my own, or do I need a lawyer? And how long does it take to get an appeal date?

After the status gets revoked and I leave Canada, does that negatively/significantly affect my chances of applying for a new PR?
 
 

Rob_TO

VIP Member
Nov 7, 2012
11,441
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Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
"What is your reason for not meeting the RO?" It is somewhat complicated, but to put it in a nutshell, the practical reason is could not find a job that would allow me to sustain myself while being in Canada. Based on my calculations I would have depleted my limited financial resources supporting myself while hoping to land a job that would in return pay the bills. Maybe I should have been more "hopeful." I don't think this counts as a valid H&C reason.
No, definitely not a valid H&C reason.

Would domestic flights count as possibly bringing attention to IRCC/CBSA?
No you would be perfectly safe with domestic flights as there is no immigration control. You don't even need a passport for domestic flying.

Is the initial appeal something I can do on my own, or do I need a lawyer? And how long does it take to get an appeal date?
You can do the appeal on your own, but for best chance of success you would get a lawyer.

Of course with no real H&C reason, your chance of a successful appeal is incredibly small, with or without a lawyer.

Time to appeal date depends on the city and how busy they are, but i've heard from 1 to 2 years. While waiting for the appeal, you will get and can keep renewing 1-year temporary PR cards to go in and out of Canada. Although it's recommended to stay inside Canada as long as possible, since in some cases the appeal board considers how you've re-established yourself in Canada since returning in deciding on the appeal (though this on it's own is probably not enough).

After the status gets revoked and I leave Canada, does that negatively/significantly affect my chances of applying for a new PR?
No, if you qualify for you can apply for PR again from scratch under any open immigration program.
 

donutbox

Hero Member
Aug 7, 2010
487
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No, definitely not a valid H&C reason.



No you would be perfectly safe with domestic flights as there is no immigration control. You don't even need a passport for domestic flying.



You can do the appeal on your own, but for best chance of success you would get a lawyer.

Of course with no real H&C reason, your chance of a successful appeal is incredibly small, with or without a lawyer.

Time to appeal date depends on the city and how busy they are, but i've heard from 1 to 2 years. While waiting for the appeal, you will get and can keep renewing 1-year temporary PR cards to go in and out of Canada. Although it's recommended to stay inside Canada as long as possible, since in some cases the appeal board considers how you've re-established yourself in Canada since returning in deciding on the appeal (though this on it's own is probably not enough).



No, if you qualify for you can apply for PR again from scratch under any open immigration program.

Thank for the clarifications.
 

donutbox

Hero Member
Aug 7, 2010
487
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By any chance, does time previously worked on a work permit in Canada (prior to gaining PR) count towards RO or count towards anything?
 

Rob_TO

VIP Member
Nov 7, 2012
11,441
1,549
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
By any chance, does time previously worked on a work permit in Canada (prior to gaining PR) count towards RO or count towards anything?
No, doesn't count to anything.
 
 

donutbox

Hero Member
Aug 7, 2010
487
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No, doesn't count to anything.
Okay, I think based on everything you have indicated so far, it is somewhat a fore gone conclusion how things will end up playing out.

Thanks for all the information, it will now allow me to make a more informed decision as to what to do next.
 
R

rish888

Guest
Okay, I think based on everything you have indicated so far, it is somewhat a fore gone conclusion how things will end up playing out.

Thanks for all the information, it will now allow me to make a more informed decision as to what to do next.
I would say so best chance is to enter without getting reported.

It is a benefit that you still have a valid PR card, this reduces (but does not negate) the possibility of being questioned on RO compliance. As long as you are in a position where you are willing to stay for 2 years without leaving, I would recommend trying your luck.

Quick word of advice:

When flying in, I would say it is best to avoid arriving in Quebec. For some reason, Quebec has the highest detection rate of RO violations. The rate at which they report people is 3x Vancouver's report rate and 6x Toronto's report rate.

Also make sure you are clear from a customs perspective. (no food, no cash over 10K, no excess liquor etc) You don't want to bring any unnecessary attention to yourself that would get you sent to Secondary.

Hope it all works out for you.