When a PR might need a travel document anyway -- for PMM and experts

[toby]

The Immigration Act (section 28) outlines the various ways a permanent resident (PR) can satisfy the requirement to spend at least 730 days per five-year period in Canada.

Sub-paragraph (b) says it is sufficient to demonstrate at examination …

The question is, what is this “examination”? If a PR has a PR card, and wants to re-enter Canada, on what grounds can the Immigration officer force an examination?

I am guessing that only if it appears to the Immigration Officer that the PR will not be able to compile the 730 days before end of PR period will the officer force an examination.

If this logic is correct, the PR who relies on using days spent abroad -- with a Canadian citizen/PR – to meet the 730 day quota will be in difficulty. It is a question of judgment whether the PR is considered to be accompanying the Canadian while abroad, or vice-versa, and the proof depends on a type of evidence that is not easy to present simply and convincingly at the Canadian border (e.g. proof that the Canadian has a primary reason to be abroad – like running a business, teaching English, etc etc).

The PR might win at appeal, but appeals are a lengthy and costly process.

PMM and other experts, is this a situation where it would be wise to apply for a Travel Document allowing simple re-entry to Canada (even though the instructions for travel documents say they are not for people with PR cards)?

 

[Leon]

Just like you would have to prove your residency to get a travel document, you would have to prove it, if and only if, the IO calls for an examination. In both cases you have time to do it. When you apply for the travel document you have time before you apply and when you are subject to examination, you have time afterwards to put your case together.

 

[toby]

I think I see, Leon. I am trying to visualize the event.

The PR arrives at Canada Immigration (airport) with passport and PR card in hand. The Immigration Officer (IO) looks at the passport, on the spot calculates the days the PR has spent in Canada, plus the days left until the expiry of the current residency period, and concludes that the PR will not be able to accumulate 730 days prior to expiry.

Then the PR says "I have been “accompanying” my Canadian spouse overseas for xx days, which makes up the deficit."

The Canadian then provides proof that he had a primary reason to be abroad (e.g. proof of employment abroad, or an activity like investing in real estate -- anything that shows he was abroad for a reason other than just to be with the PR spouse. Therefore the IO would be free to conclude that the PR was really accompanying the Canadian spouse, in accordance with Immigration Law s.28.

But if the IO is dubious, he forces an examination. What happens then? Is the PR turned back to his or her home country? Does the PR appeal the IO's decision from the home country? Where would the examination be held? At the nearest embassy or consulate (this could be far away, hence a large expense to attend).

Or is the PR allowed to enter Canada subject to a successful examination within a certain period? If so, where is the examination held? And when?

Notwithstanding the above, I’d think that if a PR could possibly avoid this ambiguity at the border, better to do so by meeting the quota clearly, in a way (days in Canada) easily proved with passport stamps.

Finally, how did you learn all this stuff?

 

[Leon]

The PR is let in to prove their case, those are the rules.

When I came to this board, originally to ask a question for a co-worker, I realized that I actually knew a lot of answers to questions here due to my own experience with immigration and due to the experiences of co-workers. I have learned a lot more from other cases I have seen on the forum, things that have happened to other people and questions other people had answered by immigration as well as just reading up on the CIC website.

You can read ENF 4 and ENF 23 here: http://www.cic.gc.ca/english/resources/manuals/enf/index.asp
and OP 10 here: http://www.cic.gc.ca/english/resources/manuals/op/index.asp and then you will know at much as I do if not more