Help needed in understanding my PR situation

[canuck_in_uk]

Thanks a bunch. Last question for now. Sorry to bug all of you!
It will be little difficult for me to come into Canada by road. I will plan to come by air. Do you see that as a challenge considering I haven't met RO so far? Please suggest.

Whether you come by road or air, you still face being reported.

 

[Wolfpmd3]

Thanks a bunch. Last question for now. Sorry to bug all of you!
It will be little difficult for me to come into Canada by road. I will plan to come by air. Do you see that as a challenge considering I haven't met RO so far? Please suggest.

No, that's not a problem since you have a currently valid PR card. If you attempt to do once it has expired then you wouldn't be able to do so.

You'll be able to enter Canada now, as long as you do it before your PR card expires.

 

[k.h.p.]

No, that's not a problem since you have a currently valid PR card. If you attempt to do once it has expired then you wouldn't be able to do so.

You'll be able to enter Canada now, as long as you do it before your PR card expires.

If the PR card holder is in breach of the RO then they may be reported even with a valid PR card. If they've spent more than three years outside of Canada since being issued the card, they are technically in a position to be in breach.

 

[canuck_in_uk]

No, that's not a problem since you have a currently valid PR card. If you attempt to do once it has expired then you wouldn't be able to do so.

You'll be able to enter Canada now, as long as you do it before your PR card expires.

While OP will be allowed to enter, they do not meet the RO and therefore face the risk of being reported, likely resulting in the loss of PR status.

 

[tunaibasu]

It will increase your chances of a report of your RO breach.

I am thinking about another cleaner way. Can I get into Canada with a work permit ( considering I get a job beforehand) while my PR is still valid? In this way I can get in with that work permit. Pls let me know

 

[k.h.p.]

You cannot get any temporary permit as you are a PR.

 

[tunaibasu]

While OP will be allowed to enter, they do not meet the RO and therefore face the risk of being reported, likely resulting in the loss of PR status.

Oh I see. I am little bit confused now. Per Wolfpmd3 , it should not be an issue but you are saying it can be an issue. In the worst case, if I am reported for a RO breach, will I be asked to go back immediately and I will not be able to stay till 2021 Aug? Please let me know.

 

[Wolfpmd3]

Thanks a bunch. Last question for now. Sorry to bug all of you!
It will be little difficult for me to come into Canada by road. I will plan to come by air. Do you see that as a challenge considering I haven't met RO so far? Please suggest.

I would suggest you read this document:
https://www.canada.ca/content/dam/ircc/migration/ircc/english/resources/manuals/enf/enf23-eng.pdf

This covers everything you need to know about your situation:

• Section 7.8 page 31:
  • Officers must remain cognizant of the fact that the Act gives permanent residents of Canada the right to enter Canada at a port of entry once it is established that a person is a permanent resident, regardless of non-compliance with the residency obligation in A28 or the presence of other grounds of inadmissibility
  • In other words, once a permanent resident’s status is established, the person may enter Canada by right and the immigration examination under IRPA concludes

Also the A46 section of the Immigration and Refugees Protection Act:
https://laws-lois.justice.gc.ca/eng/acts/i-2.5/section-46.html

I would also recommend reading this:
https://www.canada.ca/content/dam/ircc/migration/ircc/english/resources/manuals/op/op10-eng.pdf

• From page 14:
  • There is no provision within IRPA for an applicant to apply directly for a formal determination of residency status. An applicant seeking a determination of status must first submit an Application for a Travel Document.
  • If an applicant meets any of the provisions of the residency obligation, a travel document is issued, both to enable travel to Canada as well as to confirm status as a permanent resident.
• Read sections 12-15

If the PR card holder is in breach of the RO then they may be reported even with a valid PR card. If they've spent more than three years outside of Canada since being issued the card, they are technically in a position to be in breach.

You cannot be deported when entering, they might assess your status but you cannot be denied entry to Canada.

Unless a removal order has been issued (and hence his status as a PR formally lost), he cannot be denied entry.


What will most likely happen, is that you will be allowed to enter Canada, but because you cannot potentially meet the 2 out of 5 years of being physically present in Canada, a formal assessment will most likely be indicated and the outcome will most likely be that a removal order will be issued. After this you will preserve a Temporary resident status for 6 months to give you enough time to leave the country.

Having said this, read the links I provided above so that you clearly understand what's likely to occur.

 

[k.h.p.]

You cannot be deported when entering, they might assess your status but you cannot be denied entry to Canada.

Unless a removal order has been issued (and hence his status as a PR formally lost), he cannot be denied entry.


What will most likely happen, is that you will be allowed to enter Canada, but because you cannot potentially meet the 2 out of 5 years of being physically present in Canada, a formal assessment will most likely be indicated and the outcome will most likely be that a removal order will be issued. After this you will preserve a Temporary resident status for 6 months to give you enough time to leave the country.

Having said this, read the links I provided above so that you clearly understand what's likely to occur.

I never said they'd be deported or denied entry.

I said that they'd be reported. You simply said that they'd have no problems re-entering Canada. While they would be permitted to re-enter Canada, they'd have a massive problem: they'd possibly be 44(1) reported and would lose their PR.

 

[Wolfpmd3]

I never said they'd be deported or denied entry.

I said that they'd be reported. You simply said that they'd have no problems re-entering Canada. While they would be permitted to re-enter Canada, they'd have a massive problem: they'd possibly be 44(1) reported and would lose their PR.

One thing is entering Canada, a different thing is staying in Canada.

After entering Canada he will likely be subject of a formal assessment to see whether he can keep his status and if a negative decision is made he will even get a chance to appeal.

 

[tunaibasu]

I never said they'd be deported or denied entry.

I said that they'd be reported. You simply said that they'd have no problems re-entering Canada. While they would be permitted to re-enter Canada, they'd have a massive problem: they'd possibly be 44(1) reported and would lose their PR.

Thank you all for all the responses. Really appreciate it!

 

[canuck_in_uk]

Oh I see. I am little bit confused now. Per Wolfpmd3 , it should not be an issue but you are saying it can be an issue. In the worst case, if I am reported for a RO breach, will I be asked to go back immediately and I will not be able to stay till 2021 Aug? Please let me know.

Wolfpmd3 was incorrect in saying you would be fine entering now and would only potentially have issues in 2021.

As a PR, you will be allowed entry regardless. However, if CBSA realizes you don't meet the RO, they can report you. You would then be required to appeal and present H&C reasons to retain your PR status.

 

[tunaibasu]

I have couple of more questions to the experts. What are the chances that I might get reported at the Port of entry about not meeting RO. Also how do I know whether they have evaluated my RO eligibility at the Port of entry? Will the immigration officer tell that immediately or will I be notified later by mail/email? Appreciate if someone can share some definitive answers.

The reason I am asking this is I am thinking about going to Canada and live there for a month and look for a job. If I am not reported then I will not be leaving Canada again for at least next 2-3 years. If I am reported(and if I get to know that immediately or within a month) then I will come back to US.

Please help me with the responses.

 

[canuck_in_uk]

I have couple of more questions to the experts. What are the chances that I might get reported at the Port of entry about not meeting RO. Also how do I know whether they have evaluated my RO eligibility at the Port of entry? Will the immigration officer tell that immediately or will I be notified later by mail/email? Appreciate if someone can share some definitive answers.

The reason I am asking this is I am thinking about going to Canada and live there for a month and look for a job. If I am not reported then I will not be leaving Canada again for at least next 2-3 years. If I am reported(and if I get to know that immediately or within a month) then I will come back to US.

Please help me with the responses.

No one can give you chances. If reported, you will be given paperwork by CBSA.

 

[tunaibasu]

No one can give you chances. If reported, you will be given paperwork by CBSA.

Thanks for the response. How do I know if I am reported. Those paperwork's would come in a months time or it takes more than that? Can you please let me know how soon I will get those paperwork ? Is there any SLA for that?