James00]
I have also received a letter from Border security saying that my/family's PR is re-installed from last week.
Now I have a question.
In London I have put my house on sale. Can I leave the country said:
Hi all
Yes correct. But will the letter from border security saying my PR is reinstalled will not help.
I will be need of money and to stay comfortable life.
Is there any other way to leave and come back to Canada without problem
Thanks
James
Observations:
I do not know what paper you received at the time of entry. I do not know what letter you received from "Border security" regarding status.
Before leaving Canada in the short term, it may be prudent to go to a reputable Canadian immigration
lawyer for a
consultation (a paid for consultation, probably in the range of $300 to $500 unfortunately). This would be to confirm the actual meaning and effect of the
"letter" received.
It is possible (in fact this appears to be likely) that you were issued a 44(1) Report at the POE. And if so, the status of that report is critical. If it is still pending, for example, even though you still have PR status in the meantime, your PR status could still be at risk of being lost and, moreover, your time in Canada in the meantime would not count toward meeting the PR Residency Obligation. Leaving Canada in this situation would be a very bad idea if you want to have a chance to retain status.
It is possible that you were given an admonition rather than a formal 44(1) Report, and perhaps it was decided to not report you. If the letter, for example, confirms this, a referral to the local CIC office may have been made. Your PR status would not be at immediate risk if this is the situation, but if you applied for a PR card, or upon returning to Canada after leaving were examined at a POE, that could trigger a report and potentially the issuance of a Removal Order (which will cause you to lose PR status unless you appeal and win the appeal).
In the latter scenario, where a formal 44(1) is not issued, the local CIC office (well, now actually a local office for
Immigration, Refugees, and Citizenship) could investigate and decide later whether to conduct a formal Residency Determination.
It is also possible, however, that a more or less formal assessment of H&C grounds was done and a more or less formal determination made that you and your family deserve to retain PR status. If this happened, your status is intact and
not much at risk. You could travel (but should keep absences very
short) or even apply for a PR card.
This last scenario warrants a fuller explanation:
A possible, favourable scenario:
It is quite possible that your PR status is indeed intact, that you can indeed apply for a PR card sooner rather than waiting two years, and travel outside Canada with little fear of being reported and losing status the next time you arrive at a POE.
But it is impossible to say this is the case for you without carefully reviewing the facts and examining your paperwork, including in particular this "letter" you refer to. This is not something to be done over the Internet in a forum such as this. I certainly am
NOT qualified to do this, and I would be highly, highly skeptical of anyone in a forum like this claiming they are.
It is also quite possible (many probably think it is indeed significantly more likely) that your PR status is still at risk of being subject to a Residency Determination, and if this is done as of a date prior to you being in Canada at least 730 days within the five years preceding that date, you are at risk of
losing PR status.
Here is a scenario in which your status is intact with minimal risk:
If you were issued a 44(1) Report at the POE, based on inadmissibility for failing to comply with the PR Residency Obligation, and that report was reviewed by "the Minister's Delegate" (oft times merely the reporting officer's supervisor or at least a more senior officer), resulting in a determination, that notwithstanding less than 730 days presence in Canada, your PR status is retained based on H&C grounds, your status is indeed confirmed. You are eligible for a PR card. You could travel outside Canada and the POE officers are obligated to credit the previous determination (as to H&C grounds warranting the retention of your PR status).
I do not know this is your scenario. Not at all. Indeed, you say you have a letter saying your family's PR status is "reinstalled." I am not at all familiar with any such process or determination. Generally PR status cannot be reinstalled. If it is lost, it is gone, it cannot be reinstalled. If it is not lost, it does not need to be "reinstalled."
Observation about conventional wisdom in the forum:
The conventional wisdom tends to emphasize the approach which involves the
lowest risk, and there are many good reasons for this since many, many PRs tend to overestimate the significance of what they consider H&C reasons for having failed to return to Canada sooner. Thus, it is generally advised that a PR who has not met the PR Residency Obligation, who has failed to be present in Canada at least 730 days within the preceding five years, should avoid doing anything that could trigger a Residency Determination. Thus, avoid applying for a PR card. Avoid leaving the country. And to do this
until having spent at least two years in Canada.
That is the safest approach.
But as I indicated above, if there has been a Residency Determination, even though it was not a formal CIC process but rather a determination made by the Minister's Delegate (who, again, may be merely the supervisor of the examining officer at a POE), that determination is basically binding.
It is not necessarily absolutely binding. So there remains some risk. Moreover, any change in circumstances after that determination can lead to a new determination. A short trip abroad would, ordinarily, not be a change in circumstances leading to a new determination. But an extended absence very well might. There is no specific number of days which would tip the scales one way or the other. Basically any absence would involve some risk, and the longer the time abroad the greater the risk.
It is important to note, however, that key to this is that there is a documented decision in effect determining that the PR RO is satisfied by H&C reasons. This should appear, at the least, in the PR's FOSS and GCMS records. It might be readily identified in a copy of these obtained through the ATIP process. I doubt that the ATIP application would be something to trigger a Residency Examination, let alone a Residency Determination, but I am not sure of that.
There are a number of uncertain aspects in your situation, which is why I suggest it may be prudent to have a lawyer review and assess your situation.
