how soon I should enter canada?

[mynenianupama]

Hi Friends,
i got my PR and landed in canada from USA, on june 10th , 2015 and I spent one day in toronto and left canada to india.
my pr is valid till sept 7 2020.Now I am planning to go to canada from india.
1) can i enter canada without any problem in the month of july ,2018 ?
(As I still have 2 years 1 month remaining to complete my residency requirement. i know i have to stay the remaining days till sept 7,2020 in canada to renew my pr)

2) do i need to enter canada before june 10th, 2018 as i will be completing 3 years out of canada by that time ?

3)i have US visitor visa till 2024, can i enter canada by road through USA ? will it be a problem ?

4) what should i tell at the immigration (example answers for my absence ) ?

5) Any important information regarding my situation - best method and time to enter canada.

I am thinking that i can enter canada if i have 2 years remaining in my time period.

please help..eagerly waiting for your suggestions !!

i have valid PR card with me

Thank you

 

[scylla]

You need to enter Canada by June 10th 2018 if you want to ensure you meet the residency requirement and want to guarantee you can keep your PR status. Once you return, you'll need to remain in Canada for two straight years before applying to renew your PR card.

It's not about when your PR card expires. The residency requirement calculation starts the date you land in Canada and become a PR. You need to avoid being outside of Canada for more than three years. That's June for you - not July. July is too late and puts you in violation of the residency requirement.

 

[mynenianupama]

You need to enter Canada by June 10th 2018 if you want to ensure you meet the residency requirement and want to guarantee you can keep your PR status. Once you return, you'll need to remain in Canada for two straight years before applying to renew your PR card.

It's not about when your PR card expires. The residency requirement calculation starts the date you land in Canada and become a PR. You need to avoid being outside of Canada for more than three years. That's June for you - not July. July is too late and puts you in violation of the residency requirement.

Hi scylla,
thank you very much for your reply.

what should i tell at the POE,if the immigration officer asks any questions about my absence of 3 years ?(if i travel by air directly to canada )
is it a good idea to travel to canada by road from USA? Currently i am in india and i am planning to come to USA and then to canada by road.
will this road travel be recorded on file ?

 

[Bs65]

If you land before June 10 2018 then as Scylla says you still have the opportunity to meet your RO if you stay put for 2 years.

You may or may not be asked how long you have been away there is no way to predict but given a) you are still able to meet residency b)you have a valid PR card c)you are a PR so entitled to enter the country so should not have any issues. If you are asked anything just be honest but do not volunteer extra information just answer questions asked directly.

If you fly try using the automated clearance kiosks at Pearson.

Sure you can take the road option, same advice would apply and with either option your entry to the country will be recorded in the system.

 

[cool_eagle]

If you land before June 10 2018 then as Scylla says you still have the opportunity to meet your RO if you stay put for 2 years.

You may or may not be asked how long you have been away there is no way to predict but given a) you are still able to meet residency b)you have a valid PR card c)you are a PR so entitled to enter the country so should not have any issues. If you are asked anything just be honest but do not volunteer extra information just answer questions asked directly.

If you fly try using the automated clearance kiosks at Pearson.

Sure you can take the road option, same advice would apply and with either option your entry to the country will be recorded in the system.

Bs65 and Scylla.... i am also planning to return to canada say after 2.5 years of PR issuance. can i be asked lenghty questions ? can the answer of those questions can affect my entry ? is there any scenario that i can be denied entry.....? plz correct me if i am wrong, as per my understanding i can safely enter there after 2.5 years, they can ask me some routine questions about my absence, and i can reply about my professional commitments etc, but they cannot deny me entry, as i have valid PR card, and i can still fulfil residency requirement of 2 years out of 5 years period. KINDLY CONFIRM me plz .

 

[russ6970]

You should be fine regarding the RO, but nobody can predict what questions you are asked. Answer them truthfully and you should be fine.

 

[dpenabill]

Bs65 and Scylla.... i am also planning to return to canada say after 2.5 years of PR issuance. can i be asked lenghty questions ? can the answer of those questions can affect my entry ? is there any scenario that i can be denied entry.....? plz correct me if i am wrong, as per my understanding i can safely enter there after 2.5 years, they can ask me some routine questions about my absence, and i can reply about my professional commitments etc, but they cannot deny me entry, as i have valid PR card, and i can still fulfil residency requirement of 2 years out of 5 years period. KINDLY CONFIRM me plz .

As observed by @russ6970 there should be no problem entering Canada without being reported.

As I have oft observed, for someone who has been a PR for less than five years, that is up to the fifth year anniversary of the day the PR landed and became a PR, compliance with the PR Residency Obligation is easy to calculate: total number of days outside Canada need to be less than 1096.

Thus, for example, when a PR arrives at a PoE and it is less than three years since the date of landing, this PR cannot possibly be in breach of the PR RO, this PR has not been absent from Canada for more than 1095 days since landing.

HOWEVER, as also suggested by @russ6970, you may be asked a variety of questions, which may include questions about your time in Canada. You could be referred to Secondary and asked such questions, and in Secondary you may be advised about compliance with the PR RO. That advice may seem like or actually be an admonition, a warning of sorts. This is essentially to give you notice, a REMINDER if you will.

If referred to Secondary, and asked about time in Canada, and especially if you are given a REMINDER about the PR RO, this is NOT problematic. It really is for your benefit, to make sure you are aware of the PR RO. Nonetheless, if this happens it is likely this will result in a FOSS note memorializing the examination, some of your responses to questions, and the fact you were advised about the PR RO. This is NOT a big deal, NOT a problem, so long as you then do comply with the PR RO. On the other hand, it does mean that if you leave Canada within the next year or two, this will increase the risk of again being referred to Secondary the next time you enter Canada, and then be subject to a more strict examination as to PR RO compliance.

Thus, as the discussion above emphasizes, for the PR who arrives in Canada cutting-it-close, barely in compliance with the PR RO, the PR then needs to stay in Canada for virtually two straight years without leaving . . . actual margin for travel depending on how close to a breach of the PR RO the PR was upon arrival. That is, for the PR who is cutting-it-close when arriving, and is referred to Secondary, odds are high there is a flag in the PR's record alerting both CBSA and IRCC to check for PR RO compliance in future transactions (be that another PoE entry examination, a later application for a PR Travel Document, assessment of PR RO compliance attendant a new PR card application, or other transactions like sponsoring a family member).

what should i tell at the POE

Others have adequately provided good responses to your questions, and I concur in both what @scylla and @Bs65 have offered.

However, it warrants emphasizing that the best approach to answering questions at a PoE is to simply answer the questions asked and to do so honestly and accurately. ("Honestly and accurately" probably seems redundant; and while they usually will coincide, one has to do with intent and state of mind, the other has to do with stating facts as correctly as possible; BOTH are important.)

Attempts to forecast a script for PoE exchanges is futile. Best to just listen carefully to the question asked and to answer that question directly, again honestly and accurately. It is rarely a good idea to offer explanations UNLESS specifically asked for an explanation. It is similarly rarely a good idea to elaborate.

If an examining officer perceives any clue the traveler is being evasive, let alone deceptive, that tends to turn things in a negative direction.

Best preparation, then, is to simply refresh one's memory about the actual facts (such as date last in Canada), and plan to be forthcoming and straightforward, to answer questions without guile.

 

[mynenianupama]

Hi Bs65,
thank you very much for your reply.
Hi,dpenabill,
thank you very much for your reply.

 

[cool_eagle]

As observed by @russ6970 there should be no problem entering Canada without being reported.

As I have oft observed, for someone who has been a PR for less than five years, that is up to the fifth year anniversary of the day the PR landed and became a PR, compliance with the PR Residency Obligation is easy to calculate: total number of days outside Canada need to be less than 1096.

Thus, for example, when a PR arrives at a PoE and it is less than three years since the date of landing, this PR cannot possibly be in breach of the PR RO, this PR has not been absent from Canada for more than 1095 days since landing.

HOWEVER, as also suggested by @russ6970, you may be asked a variety of questions, which may include questions about your time in Canada. You could be referred to Secondary and asked such questions, and in Secondary you may be advised about compliance with the PR RO. That advice may seem like or actually be an admonition, a warning of sorts. This is essentially to give you notice, a REMINDER if you will.

If referred to Secondary, and asked about time in Canada, and especially if you are given a REMINDER about the PR RO, this is NOT problematic. It really is for your benefit, to make sure you are aware of the PR RO. Nonetheless, if this happens it is likely this will result in a FOSS note memorializing the examination, some of your responses to questions, and the fact you were advised about the PR RO. This is NOT a big deal, NOT a problem, so long as you then do comply with the PR RO. On the other hand, it does mean that if you leave Canada within the next year or two, this will increase the risk of again being referred to Secondary the next time you enter Canada, and then be subject to a more strict examination as to PR RO compliance.

Thus, as the discussion above emphasizes, for the PR who arrives in Canada cutting-it-close, barely in compliance with the PR RO, the PR then needs to stay in Canada for virtually two straight years without leaving . . . actual margin for travel depending on how close to a breach of the PR RO the PR was upon arrival. That is, for the PR who is cutting-it-close when arriving, and is referred to Secondary, odds are high there is a flag in the PR's record alerting both CBSA and IRCC to check for PR RO compliance in future transactions (be that another PoE entry examination, a later application for a PR Travel Document, assessment of PR RO compliance attendant a new PR card application, or other transactions like sponsoring a family member).





Others have adequately provided good responses to your questions, and I concur in both what @scylla and @Bs65 have offered.

However, it warrants emphasizing that the best approach to answering questions at a PoE is to simply answer the questions asked and to do so honestly and accurately. ("Honestly and accurately" probably seems redundant; and while they usually will coincide, one has to do with intent and state of mind, the other has to do with stating facts as correctly as possible; BOTH are important.)

Attempts to forecast a script for PoE exchanges is futile. Best to just listen carefully to the question asked and to answer that question directly, again honestly and accurately. It is rarely a good idea to offer explanations UNLESS specifically asked for an explanation. It is similarly rarely a good idea to elaborate.

If an examining officer perceives any clue the traveler is being evasive, let alone deceptive, that tends to turn things in a negative direction.

Best preparation, then, is to simply refresh one's memory about the actual facts (such as date last in Canada), and plan to be forthcoming and straightforward, to answer questions without guile.

Thanks a lot for a very detailed and very informative reply.

 

[cool_eagle]

As observed by @russ6970 there should be no problem entering Canada without being reported.

As I have oft observed, for someone who has been a PR for less than five years, that is up to the fifth year anniversary of the day the PR landed and became a PR, compliance with the PR Residency Obligation is easy to calculate: total number of days outside Canada need to be less than 1096.

Thus, for example, when a PR arrives at a PoE and it is less than three years since the date of landing, this PR cannot possibly be in breach of the PR RO, this PR has not been absent from Canada for more than 1095 days since landing.

HOWEVER, as also suggested by @russ6970, you may be asked a variety of questions, which may include questions about your time in Canada. You could be referred to Secondary and asked such questions, and in Secondary you may be advised about compliance with the PR RO. That advice may seem like or actually be an admonition, a warning of sorts. This is essentially to give you notice, a REMINDER if you will.

If referred to Secondary, and asked about time in Canada, and especially if you are given a REMINDER about the PR RO, this is NOT problematic. It really is for your benefit, to make sure you are aware of the PR RO. Nonetheless, if this happens it is likely this will result in a FOSS note memorializing the examination, some of your responses to questions, and the fact you were advised about the PR RO. This is NOT a big deal, NOT a problem, so long as you then do comply with the PR RO. On the other hand, it does mean that if you leave Canada within the next year or two, this will increase the risk of again being referred to Secondary the next time you enter Canada, and then be subject to a more strict examination as to PR RO compliance.

Thus, as the discussion above emphasizes, for the PR who arrives in Canada cutting-it-close, barely in compliance with the PR RO, the PR then needs to stay in Canada for virtually two straight years without leaving . . . actual margin for travel depending on how close to a breach of the PR RO the PR was upon arrival. That is, for the PR who is cutting-it-close when arriving, and is referred to Secondary, odds are high there is a flag in the PR's record alerting both CBSA and IRCC to check for PR RO compliance in future transactions (be that another PoE entry examination, a later application for a PR Travel Document, assessment of PR RO compliance attendant a new PR card application, or other transactions like sponsoring a family member).





Others have adequately provided good responses to your questions, and I concur in both what @scylla and @Bs65 have offered.

However, it warrants emphasizing that the best approach to answering questions at a PoE is to simply answer the questions asked and to do so honestly and accurately. ("Honestly and accurately" probably seems redundant; and while they usually will coincide, one has to do with intent and state of mind, the other has to do with stating facts as correctly as possible; BOTH are important.)

Attempts to forecast a script for PoE exchanges is futile. Best to just listen carefully to the question asked and to answer that question directly, again honestly and accurately. It is rarely a good idea to offer explanations UNLESS specifically asked for an explanation. It is similarly rarely a good idea to elaborate.

If an examining officer perceives any clue the traveler is being evasive, let alone deceptive, that tends to turn things in a negative direction.

Best preparation, then, is to simply refresh one's memory about the actual facts (such as date last in Canada), and plan to be forthcoming and straightforward, to answer questions without guile.

One more question, whether for to apply citizenship, you have to apply after 5 years after getting PR?

For example, if i have got PR and live straight 3 years after getting PR in canada, can i apply for citizenship at that proint or not?

 

[vensak]

One more question, whether for to apply citizenship, you have to apply after 5 years after getting PR?

For example, if i have got PR and live straight 3 years after getting PR in canada, can i apply for citizenship at that proint or not?

Nope.

You have to have 3 year or more physical stay in Canada within last 5 years. And you need to have tax reports from last 3 years.

 

[dpenabill]

One more question, whether for to apply citizenship, you have to apply after 5 years after getting PR?

For example, if i have got PR and live straight 3 years after getting PR in canada, can i apply for citizenship at that proint or not?

As soon as you have spent a total of 1095 days IN CANADA, you meet the actual physical presence requirement. Thus, three straight years physical presence meets THIS requirement. If all other requirements are also met, technically the applicant can apply the day after staying a total of three years.

Again, there are of course other requirements which must be met. @vensak refers to one, albeit I'd state it differently: to be eligible the applicant needs to have complied with tax FILING requirements under CRA rules for three of the five TAX years prior to applying. If in a given tax year the PR was not required to file a tax return (which can happen for multiple reasons), that year counts as a year in compliance. Thus, for example, TECHNICALLY for the two years the PR was not a resident for tax purposes and had no Canadian income (even if the PR spent part of the year in Canada), those two years can count toward the three total even though the PR filed no tax return for those years. CAVEAT: if the applicant reports not filing a return for years the applicant was resident in Canada, that is probably a red flag, at least to some extent, and could lead to elevated scrutiny.

MARGIN over the minimum: It is prudent to wait to apply with a good margin over the minimum. So, while technically the PR who arrives in Canada and stays three straight years is technically eligible and can apply the next day, that would be foolish. Especially for a PR who has had extensive absences from Canada since becoming a PR. How much of a margin is a personal decision. A couple years or so after actually settling and staying in Canada, visit the discussions in the Citizenship part of this forum.

 

[cool_eagle]

As soon as you have spent a total of 1095 days IN CANADA, you meet the actual physical presence requirement. Thus, three straight years physical presence meets THIS requirement. If all other requirements are also met, technically the applicant can apply the day after staying a total of three years.

Again, there are of course other requirements which must be met. @vensak refers to one, albeit I'd state it differently: to be eligible the applicant needs to have complied with tax FILING requirements under CRA rules for three of the five TAX years prior to applying. If in a given tax year the PR was not required to file a tax return (which can happen for multiple reasons), that year counts as a year in compliance. Thus, for example, TECHNICALLY for the two years the PR was not a resident for tax purposes and had no Canadian income (even if the PR spent part of the year in Canada), those two years can count toward the three total even though the PR filed no tax return for those years. CAVEAT: if the applicant reports not filing a return for years the applicant was resident in Canada, that is probably a red flag, at least to some extent, and could lead to elevated scrutiny.

MARGIN over the minimum: It is prudent to wait to apply with a good margin over the minimum. So, while technically the PR who arrives in Canada and stays three straight years is technically eligible and can apply the next day, that would be foolish. Especially for a PR who has had extensive absences from Canada since becoming a PR. How much of a margin is a personal decision. A couple years or so after actually settling and staying in Canada, visit the discussions in the Citizenship part of this forum.

Are u sure sir ? i have never gone to canada before. i have got PR. and after getting PR, i gone first time there. i have lived in canada for straight three years. And, provided my tax obligations are fine, am i eligible to file for citizenship. ? my previous (although doubtful) understanding was that after getting PR, i have to remain there for 5 years, and then considering my last 3 years stay over there, i have to file for citizenship.

 

[Bs65]

Are u sure sir ? i have never gone to canada before. i have got PR. and after getting PR, i gone first time there. i have lived in canada for straight three years. And, provided my tax obligations are fine, am i eligible to file for citizenship. ? my previous (although doubtful) understanding was that after getting PR, i have to remain there for 5 years, and then considering my last 3 years stay over there, i have to file for citizenship.

Read the requirements in the link below. Basically the time spent in Canada must total 1095 days physically in the 5 years preceeding the application date.

So as an example if someone applied today May 20 2018 then they would need to show 1095 days physically in Canada since May 20 2013, this would even apply if they only became a PR say March or April 2015.

So no you do not have to be a PR for 5 years before you can apply if that is your question, you only have to meet the 3 years in the 5 years before applying, plus any other requirements for the application plus always advisable to have more than 3 years when applying.

In fact the rules now allow one year credit for anyone who was physically in Canada before becoming a PR at the rate of one half day for each full day to a maximum one year credit. So in that instance someone could only be a PR for 2 years and apply with the pre PR credit making up the 3 years.

https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/become-canadian-citizen.html

 

[cool_eagle]

Read the requirements in the link below. Basically the time spent in Canada must total 1095 days physically in the 5 years preceeding the application date.

So as an example if someone applied today May 20 2018 then they would need to show 1095 days physically in Canada since May 20 2013, this would even apply if they only became a PR say March or April 2015.

So no you do not have to be a PR for 5 years before you can apply if that is your question, you only have to meet the 3 years in the 5 years before applying, plus any other requirements for the application plus always advisable to have more than 3 years when applying.

In fact the rules now allow one year credit for anyone who was physically in Canada before becoming a PR at the rate of one half day for each full day to a maximum one year credit. So in that instance someone could only be a PR for 2 years and apply with the pre PR credit making up the 3 years.

https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/become-canadian-citizen.html

Bundle of thanks, for clarifying the issue.