A permanent resident abroad for 4 years returning with valid PR card-problems?

[worriedanxious007]

Hi there!!

I renewed my PR card in November 2013. It expires November 2018. I'm here in Europe for school, Biomedicine, which I feel will give me a better shot a at the job market when I return to Canada. The degree ends June 2018.
I'm worried I'll have problems coming in to Canada, even though the card is still valid, as I've not spent two years in Canada by that stage.
Can I ask, am I going to be turned away, exported back to Europe? Will I have my residency revoked?
Thank you for all your help, I followed advice on here last time and successfully renewed my residency in 2013 !
Ps I still have a residence address in Canada as well as filing taxes even though don't earn there!

 

[Rob_TO]

As a PR you are guaranteed entry to Canada. But since you don't meet residency obligation, 1 of 2 things will happen when talk to CBSA to enter Canada.
1. You will not be reported, and can enter with no problem. Would just note that you should then stay in Canada until you meet the RO again, without leaving. Each time you left before meeting RO you would risk your PR status.
2. you will be reported for not meeting RO. If this happens you could appeal and present your case to CIC based on H&C reasons why you should keep your PR. If they accept your appeal you can remain a PR, and if they deny it you will lose your PR status.

Having a residence and commitment to live in Canada "may" help any H&C case, but of course there is no guarantee. In general attending school overseas is not seen as a viable reason to not meet RO.

 

[worriedanxious007]

Thanks for your reply! Can I ask how likely you think it would be that they'd report me? Will they ask how long I was gone? Can they really know for sure?
I'm just really nervous. Would have attended school in Canada but could not afford it as self dependent and no family there, so returned to family to get this degree behind me.
I don't want to return to do a standard job again, I really want to do something great within medicine.

 

[worriedanxious007]

Can I ask, if I'm reported is it recommended I go to my immigration lawyer for help?

 

[keesio]

No one can answer what your chances are of being reported. Too many variables. You will just have to decide if you are willing to take the risk of losing your PR.

 

[Rob_TO]

Can I ask how likely you think it would be that they'd report me? Will they ask how long I was gone? Can they really know for sure?

It totally depends on the CBSA officer you get as they have discretion on how many questions to ask, and whether or not to report you. If they ask you how long you've been gone, you need to answer honestly. They can find out your exit/entry information if they really want to, so it's best not to get caught in a lie or you will just be in more trouble.

If your RO seems to be an issue with the CBSA officer you encounter, you can present any H&C reason you want to CBSA in an effort to get them not to report you.

 

[worriedanxious007]

Thank you. Do they always ask how long a person has been gone? Do they see that on their screen? Basically I'm not going to lie about anything at all but I'm hoping there is a chance they won't ask.
If i go before the six months before expiry, would that place me in a better position to not be reported?
Just really nervous. Wish I didn't need to do school now, some regrets.

 

[keesio]

That is usually the second question they ask, after "where are you coming from". Basically the standard three questions: From where? How long? What was the purpose?

They usually don't have access to how long you were away right on the screen right there. Mostly just basic info plus if you have been flagged in the system. They can eventually get it but not immediately. They would have to send you to secondary inspection and those officers there can try to dig for that information.

 

[worriedanxious007]

Thank you this is exactly what I wanted to know. I was really wondering what they can see, what you say makes absolute sense

 

[keesio]

As Rob said, the key thing really is to be honest. Even if you disclose that you have been abroad for 4 years, the officer may still decide to let you in anyway. Several people have gotten in by being honest about not meeting their RO. If you lie and then the guy decides he wants to send you to secondary inspection for whatever reason and you get caught in your lie, you are toast.