I have been hearing about eGates at Pearson airport where you scan your PR cars and enter the country without having to see an officer. One of my friends has not met his RO and he would like to avoid getting reported. Does anyone have an experience with this?
I do not differ from what others have commented but it should be emphasized that the only way to be sure to "
avoid getting reported" is to avoid being inadmissible. To comply with the Residency Obligation.
For @Eusufzai as well as @canadadream01:
The following is for a PR in breach of the RO, and still within the first five, maybe six years of landing:
It is often said, and it is largely true, that the chances (the RISK) of being subject to the 44(1) Report procedure upon arrival in Canada are so difficult to quantify, and how it goes is so variable depending on contingencies which are more or less impossible to predict, that no one can say how it is likely to go let alone how it will for sure go, when an inadmissible PR arrives at a Port-of-Entry returning to Canada.
That said, there are of course a number of factors which will influence the probabilities, the RISK. It is not as if the RISK of RO enforcement is the same for all PRs in breach of the RO.
Which airport, and whether the initial screening is at a kiosk or not, may have influence but not predictably so. Screening criteria and level of scrutiny of incoming PRs varies considerably from day to day; CBSA is deliberately as variable as practical specifically to minimize enforcement patterns which travelers might notice and try to exploit.
The bad news is that most of the factors which have much influence are about factors which increase the RISK, and which typically the PR has little control over by the time they are actually making the trip to come to Canada.
The most obvious, and to a significant extent the more influential factors, are the extent to which the PR is in breach of the RO and the length of time the PR has been abroad since last being in Canada. More in breach typically increases the RISK. Longer period since last in Canada, typically increases the RISK. But by the time the inadmissible PR is making the trip, these are what they are. Easy to say the sooner the PR returns to Canada the better, but as things tend to go, when a PR is actually making the trip to Canada is generally dictated by other things in the PR's life.
But that's basically it for the PR still within the first five years (or even six) of their landing. The sooner they come to Canada the better. Not much else to do but otherwise be prepared to tell your story, if there are RO compliance questions asked, honestly answering questions about facts including dates, and honestly explaining why you did not come sooner. Keeping it simple. Keeping it honest (which is more than just being technically truthful).
Being straight-up and forthright, making a positive impression, showing an intent to get here to settle here as soon as circumstances in your life made that practically possible, is far more likely to improve the odds than any effort to avoid enforcement. That is, get here as soon as possible, and show you are coming to stay, that's about the best the PR in breach can do.
The good news is that for PRs still within the first five (plus a bit) years since landing, the indicators overwhelming suggest CBSA continues to be rather liberal if not outright lenient.
Factors/Circumstances Increasing Risk of RO Enforcement Upon Arrival:
It warrants noting and emphasizing that as difficult as it is to reduce the RISK, let alone avoid it, there are plenty of ways to increase the risk. Again, the bigger and more obvious factors increasing the risk have to do with the extent of time outside Canada. Note, for example, if a PR has been outside Canada for more than 1095 days since last time in Canada, on its face that indicates it is highly likely the PR is inadmissible, that is in breach of the RO.
There are other ways to increase the risk. Being evasive or in any way dishonest will elevate the risk. While there are, of course, some better at
gaming than others, for the vast majority of us, just being ourselves, not trying to script our responses to questions, generally works best. Contrary to what many forum participants say about CBSA and IRCC officials, most usually get it. They've been around. They've heard the stories. They know and understand how things go. Sure, a lot slips past them, but not nearly so much as some seem to think. And they are not playing
gotcha-games. Contrary to some accusations, the liberal/flexible leaning lenient approach is not so much about laziness as it is about giving Canadians (Canadian PRs, who are not Foreign Nationals but rather "
Canadians" in the Canadian immigration scheme) who are sincerely trying to settle in Canada an opportunity to do that.
PR card validity isn’t related to expiry date of a PR card. If this is the first 5 years it is 730 days within 5 years of the landing date.
"
PR card validity isn’t related to expiry date of a PR card." Some typos are, well, more humorous than others. Assuming it is a typo. Since, of course, the validity of a PR card is specifically prescribed by its expiration date.
PR status itself . . . well it is indicated by a valid PR card (noting, for example, that a PR abroad who does not present a valid PR card is presumed to not have valid PR status), but that is not necessarily controlling. That is, related but not definitive.
RO compliance, however, is not indicated by the expiration date on a PR card.
I am planning to enter with my family in October, 2022. My Card is Valid till March, 2024. I will be short of 6 month from my two 2 years RO period. I know no body can really know what immigration officer will do at the air port. However, I have some family reasons apart from COVID-19. What are the chances of being reported? Which port of entry should I use to take a little advantage? Do you suggest me to give a try? Experts opinion will be highly appreciated.
I addressed this above. It warrants noting and emphasizing, however, I am NOT an expert.
