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Residency obligation short by 2 weeks

singh@1234

Star Member
Jun 12, 2021
181
59
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.. 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
very rarely is the appeal accepted. There have to be genuine extenuating circumstances (like the death of a family member) with the proofs of course.
 

singh@1234

Star Member
Jun 12, 2021
181
59
@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 the next 3 months in Canada. I will tell the employers that I am a Canadian PR, thus they won't 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?
Let me give you a piece of advice, there is no way around this. The system which IRCC has is very robust, you can't fool around with it.
 

canuck78

VIP Member
Jun 18, 2017
55,588
13,519
Let me give you a piece of advice, there is no way around this. The system which IRCC has is very robust, you can't fool around with it.
Disagree. Surprising amount of people are waived through even though they haven’t met RO. Obviously don’t encourage not meeting your RO because you could be the one that gets reported. If you are only slightly out of compliance you have amich better chance of not being reported.
 

singh@1234

Star Member
Jun 12, 2021
181
59
Disagree. Surprising amount of people are waived through even though they haven’t met RO. Obviously don’t encourage not meeting your RO because you could be the one that gets reported. If you are only slightly out of compliance you have amich better chance of not being reported.
I meant in case you are reported and appeal on the basis of job/work issue.
 

rollercoaster

Star Member
Jan 24, 2016
129
3
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.
Thanks for the help. But it's really not easy to uproot everything here in US and move to canada in day or two, especially when one dosent have a job lined up. I don't know what's gonna happen now. Life dosent always go as planned for various reasons. I have given up already. Joblessness is not something I can afford as my financial situation is not good either
 

singh@1234

Star Member
Jun 12, 2021
181
59
Thanks for the help. But it's really not easy to uproot everything here in US and move to canada in day or two, especially when one dosent have a job lined up. I don't know what's gonna happen now. Life dosent always go as planned for various reasons. I have given up already. Joblessness is not something I can afford as my financial situation is not good either
Thanks for the help. But it's really not easy to uproot everything here in US and move to canada in day or two, especially when one dosent have a job lined up. I don't know what's gonna happen now. Life dosent always go as planned for various reasons. I have given up already. Joblessness is not something I can afford as my financial situation is not good either
If you're on H1b most then probably you are a software engineer like me. You can get a job in weeks in Canada, cross the border asap. I am also in the US and waiting for my ITA.
 
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rollercoaster

Star Member
Jan 24, 2016
129
3
Disagree. Surprising amount of people are waived through even though they haven’t met RO. Obviously don’t encourage not meeting your RO because you could be the one that gets reported. If you are only slightly out of compliance you have amich better chance of not being reported.
Thanks @canuck78, which is a preferable way to cross the border so as to minimize the chances of getting reported - Through US land border or through flight? Also, if you had to put a percentage on risk of being reported in my case, what would it be? Given I'll be out of RO by anywhere between 2-4 weeks by the time I cross the border. Thanks
 

singh@1234

Star Member
Jun 12, 2021
181
59
Thanks @canuck78, which is a preferable way to cross the border so as to minimize the chances of getting reported - Through US land border or through flight? Also, if you had to put a percentage on risk of being reported in my case, what would it be? Given I'll be out of RO by anywhere between 2-4 weeks by the time I cross the border. Thanks
flight
 

singh@1234

Star Member
Jun 12, 2021
181
59
ok, but didn't you say that "there is a new system in place at the airport which shows how many days you are short of." ?

Do land borders also have these systems?
take the flight man, I am telling you 100% positive. Do not cross through the land border, and tell them you are here permanently now.
 

rollercoaster

Star Member
Jan 24, 2016
129
3
that's there at the border crossing as well.
Thanks, I was thinking of driving my USA car to Canada via border.. but confused now.. why do you think the risk of being reported is high at border..? any anecdotal reports that border crossing is more risky than airport landing? i also read the news today that Canada is relaxing the quarantine requirement for land and air travelers from 5th july.. that will help i think
 

k.h.p.

VIP Member
Mar 1, 2019
8,801
2,250
Canada
Thanks, I was thinking of driving my USA car to Canada via border.. but confused now.. why do you think the risk of being reported is high at border..? any anecdotal reports that border crossing is more risky than airport landing? i also read the news today that Canada is relaxing the quarantine requirement for land and air travelers from 5th july.. that will help i think
Because the land border is closed except for essential travel. If you show up there, the CBSA officers are already going to be ready to interrogate you to see if you actually need to travel, and when they look into your RO, you'll have already been in high suspicion.

The airport is much easier to deal with once you get there.
 
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