PR Obligation- Advise needed urgently

[khan2015]

Hi all,

In such situations with PR obligation issues, does it make any difference if we enter Canada through a major airport or via a walk through border such as the one at Niagra falls?

 

[Bs65]

Hi all,

In such situations with PR obligation issues, does it make any difference if we enter Canada through a major airport or via a walk through border such as the one at Niagra falls?

There is no way to predict whether one way or the other is better, some people might say land border some might say airport. Often as far as PR residency is concerned can often be down to how busy CBSA are at the time whether they follow through .

By land border of course first you need a visa to get into the US , this route usually used by people who either have an expired PR card and cannot get a PRTD due to failed residency. A valid card or PRTD is required now of course to board a plane for Canada.

Everyone’s experience will be different based on their circumstances but regardless PRs are entitled to enter the country whatever their residency situation at the time, just they may or may not get reported if they have failed the RO.

 

[sharmausct]

Suggestions, please!

1. We all came back from Canada recently that is in March 2018. Will this recent trip be beneficial in not getting reported? I mean do they get the number of days calculated automatically for each person automatically when they scan PR and passport? or only if our last trip was a long time back then only they get suspicious and ask us the number of days and then report us based on information given by us. Does anybody have an idea that how they came to know about violation of RO at the airport?

2. How they report and how we come to know about getting reported? will they tell us right at the airport? or does it take a longer time to know?

3. If we cross airport without being reported and stay for 2 years without making any contact with CIC like for sponsorship etc then are we 100% safe for PR renewal after 2 years? are there any other ways of getting reported in 2 years period?

4. What will happen if both parents meet 730 but only minor kids miss 730? Do they report kids also? and if they do report kids and we lose the appeal, then can they force kids alone to leave?

 

[sharmausct]

1 - Chances are up to the individual CBSA officer you encounter. There are no odds to quote you, and no measurable difference being 10 days over or 1 year over the compliance. It all comes down to the specific CBSA officer you get and what they want to do on the spot.

How do they know the number of days we are short?

 

[Rob_TO]

How do they know the number of days we are short?

It's up to you to prove you meet the residency obligation at any given time.

CBSA does have access to detailed entry/exit records if they want to check.

 

[sharmausct]

Guys if both parents meet RO but only kids[4 years and 6 years] miss RO then what are the chances of kids getting reported at the airport.

If kids do get reported then what is the chance of winning an appeal?

 

[Wolverine17]

1)given you have only spent 134 days in Canada since 1/2015 highly likely that if you only return next April you could get reported. Nobody here of course can more than speculate, you may be lucky and not get reported in which case you would need to stay put and not leave again for at least 2 years. In this time you should not even try to renew you PR card when it expires.

2. Probably not given although by 14/1/2020 you might be a few days short it is unlikely to be a concern enough to warrant getting reported. If you leave and come back within the period June 3 through 1/2020 no way to predict one way or the other.

3)If you leave it until next April and enter without being reported then you should really stay put for 2 years without leaving at all, keep contact with immigration to a minimum and not try renewing your PR card until you have the 2 years behind you.

4)Lawyers are in business to make money so sure they can suggest plenty of ways but none of them are guaranteed.

As a PR you have a right to enter Canada whether you meet the RO or not it is just whether in failing the RO or about to fail the RO that an individual is unlucky enough to get reported. This can often even depend on how busy CBSA are at the time or whether a CBSA officer is just feeling charitable.

For any appeal to succeed there would need to be watertight H&C reasons and not reasons such as work or not inclined to stay put.

What do you mean by reported please?is there any issues if someone for example spends 3 years straight outside canada and then settles for 2 years?

 

[canuck_in_uk]

What do you mean by reported please?is there any issues if someone for example spends 3 years straight outside canada and then settles for 2 years?

Reported by CBSA for failing to meet the RO, leading to revocation of PR status. No issues if you meet the RO.

 

[Wolverine17]

Reported by CBSA for failing to meet the RO, leading to revocation of PR status. No issues if you meet the RO.

By the scenario that i mentioned residency obligations are met right?

 

[Bs65]

What do you mean by reported please?is there any issues if someone for example spends 3 years straight outside canada and then settles for 2 years?

As Canuck said reported by CBSA when entering the country. Keep in mind that the first 5 years from landing you must accumulate 730 days in Canada , so yes you could spend near 3 years away from initial landing without being reported on entry and stay put for 2 years.

However keep in mind after the first 5 years the 5 years is a rolling 5 years where on each subsequent entry you need 730 days in the 5 years back from each new entry. So if you left immediately after staying put for 2 years the next time you entered you would be non compliant given that 2 years credit starts to fade away if that makes sense.

 

[Wolverine17]

As Canuck said reported by CBSA when entering the country. Keep in mind that the first 5 years from landing you must accumulate 730 days in Canada , so yes you could spend near 3 years away from initial landing without being reported on entry and stay put for 2 years.

However keep in mind after the first 5 years the 5 years is a rolling 5 years where on each subsequent entry you need 730 days in the 5 years back from each new entry. So if you left immediately after staying put for 2 years the next time you entered you would be non compliant given that 2 years credit starts to fade away if that makes sense.

No am lost,for example
If someone landed,left for 2 years straight from the time he landed then came back and stayed will there be any issues??? No correct?

 

[canuck_in_uk]

No am lost,for example
If someone landed,left for 2 years straight from the time he landed then came back and stayed will there be any issues??? No correct?

In the first 5 years from the day that you land, you need at least 730 days in Canada. After the first 5 years, on any given day, you need to always have at least 730 days in Canada in the previous 5 years.

 

[sharmausct]

Guys if both parents meet RO but only kids[4 years and 6 years] miss RO then what are the chances of kids getting reported at the airport.

If kids do get reported then what is the chance of winning an appeal?

Anyone???

 

[mats]

Guys if both parents meet RO but only kids[4 years and 6 years] miss RO then what are the chances of kids getting reported at the airport.

If kids do get reported then what is the chance of winning an appeal?

Every PR is expected to maintain RO, adults and minors both.Do all of you have valid PR Cards? Then chances of getting report are very less.
If you don't have valid PRs then better travel to U.S.A. and travel to Canada by road because if you try to apply for PRTD then they may detect the kids not maintaining their RO.

 

[sharmausct]

Every PR is expected to maintain RO, adults and minors both.Do all of you have valid PR Cards? Then chances of getting report are very less.
If you don't have valid PRs then better travel to U.S.A. and travel to Canada by road because if you try to apply for PRTD then they may detect the kids not maintaining their RO.

"Then chances of getting report are very less." What are the views of other senior members on this????