Residency obligation short by 2 weeks

[rollercoaster]

Hi folks, what will be the risk of being reported if I try to enter from USA land border to Canada if my residency obligation is going to be short by 15 days?

I have spent a total of 39 days in Canada - 3 days during soft landing in 2018 and 36 days during March 2021.

Also, my PR card expires in June 2023 (more than 2 years from now).

I tried hard to secure a job but couldn't. Now the only option is to resign and move without a job.

Tagging experts -
@armoured
@scylla
@canuck78
@rajkamalmohanram
@bellaluna
@dpenabill



Thank you!

 

[steaky]

Hi folks, what will be the risk of being reported if I try to enter from USA land border to Canada if my residency obligation is going to be short by 15 days?

I have spent a total of 39 days in Canada - 3 days during soft landing in 2018 and 36 days during March 2021.

Also, my PR card expires in June 2023 (more than 2 years from now).

I tried hard to secure a job but couldn't. Now the only option is to resign and move without a job.

I saw other posters in this forum were trying to keep their US jobs and work remotely in Canada. Not an option for you?

Note: During march 2021, there were only 31 calendar days.

 

[rollercoaster]

I saw other posters in this forum were trying to keep their US jobs and work remotely in Canada. Not an option for you?

Note: During march 2021, there were only 31 calendar days.

My company wont allow remote.. Yes I was there till 2nd week of April. Had to return back as my company called back to office

 

[canuck78]

My company wont allow remote.. Yes I was there till 2nd week of April. Had to return back as my company called back to office

5 years starts on your landing date. Unlikely to be an issue if you are only short by 2 weeks. Once in Canada you shouldn't leave until you sre back in compliance.

 

[rollercoaster]

5 years starts on your landing date. Unlikely to be an issue if you are only short by 2 weeks. Once in Canada you shouldn't leave until you sre back in compliance.

Thank you @canuck78, I was apprehensive because I'd be resigning from my current job and move to Canada, and wondering if they'll report me

 

[kathysrazor]

The border is a bit more strict these days, though if you have a valid PR card that has a while before it expires, it goes a bit easier.

 

[rollercoaster]

The border is a bit more strict these days, though if you have a valid PR card that has a while before it expires, it goes a bit easier.

Thanks, what do you think is the chance of getting reported? Also, how do you know if you're reported or not? Do they tell you at the border itself that they are reporting you?

 

[k.h.p.]

They would tell you if you are being reported as they are required to give you paperwork.

 

[kathysrazor]

Odds are just odds.
With two years left on your card, the odds are quite good, but if you get an agent with a chip on his shoulder, he can make things difficult.

Your biggest problem is if they flat out ask if you are in compliance.

 

[rollercoaster]

@kathysrazor

Thanks, I have come up with a plan to navigate this situation and need some input.

I plan to switch my technology and find a job within next 3 months in Canada. I will tell the employers that I am a Canadian PR, thus they wont have to sponsor me for the job.

Now, while entering Canada through the border at that time, if I get reported, I will ask the permission to appeal.

I read that it usually takes about an year at least to get a decision on such an appeal. Meanwhile, I will be working all the time in Canada and accrue Canadian work experience for atleast an year. In the meanwhile I'll give IELTS and get myself ready to apply under express entry again, as Ill have more points due to Canadian experience.

I'll withdraw the appeal and renounce the PR and reapply again in express entry with more points.

Are there any legal problems in what I am attempting to do?

 

[kathysrazor]

Not that I can see. It is a reasonable fallback position.

I suspect you will be fine at the border. In my experience, they start asking about 6 months before expiration.

 

[rollercoaster]

Not that I can see. It is a reasonable fallback position.

I suspect you will be fine at the border. In my experience, they start asking about 6 months before expiration.

Thank you.. that gave me some relief.. I'll buckle up and get going on my job hunt. Honestly, the only reason I have not moved till now is cuz I was unable to find a job in covid, and I am very hesitant to give up my secure H1B job in USA

 

[canuck78]

@kathysrazor

Thanks, I have come up with a plan to navigate this situation and need some input.

I plan to switch my technology and find a job within next 3 months in Canada. I will tell the employers that I am a Canadian PR, thus they wont have to sponsor me for the job.

Now, while entering Canada through the border at that time, if I get reported, I will ask the permission to appeal.

I read that it usually takes about an year at least to get a decision on such an appeal. Meanwhile, I will be working all the time in Canada and accrue Canadian work experience for atleast an year. In the meanwhile I'll give IELTS and get myself ready to apply under express entry again, as Ill have more points due to Canadian experience.

I'll withdraw the appeal and renounce the PR and reapply again in express entry with more points.

Are there any legal problems in what I am attempting to do?

You can’t actually count time in Canada unless the appeal is successful.

 

[canuck78]

Odds are just odds.
With two years left on your card, the odds are quite good, but if you get an agent with a chip on his shoulder, he can make things difficult.

Your biggest problem is if they flat out ask if you are in compliance.

You shouldn’t try to lie because CBSA likely already knows whether you are in compliance. One should be honest and provide a good answer as to why you’re slightly short of your RO.

 

[singh@1234]

Thanks, what do you think is the chance of getting reported? Also, how do you know if you're reported or not? Do they tell you at the border itself that they are reporting you?

Border officers might not be very accomodating, my brother was short by 2 days and he was given a warning. There is a new system in place at the airport which shows how many days you are short of. But if you ask me, I would leave today and not anticipate what the officer might do. Moreover, my sister-in-law, who was also working on H1b, was given a very hard time when crossing the US-Canada border even though she had more than 6 months remaining. The officer emailed IRCC that she doesn't have an intention to work in Canada, but as there was still time left to complete the residency obligation, he had to let her enter.