princessofdiamonds said:
Im really confused guys. The lawyer told me when the time came to renew my PR card two years down the line , he said they will see I entered as a visitor two years ago and that I misrepresented myself at the port of entry as a visitor , as it is illegal for a PR to enter as a visitor. He wasn't talking about when entering the country , he was talking about 2 years down the line.
I looked up the lawyer and he's been one of the best in canada and also was extremely expensive , I chose one of the best because I wanted to be absolutely clear , and now it seems that this isn't the case ?
Let's get one thing out of the way first. Misrepresentation, if proven, is grounds for barring you from Canada. In other words, if you lie, and they catch you, they have the option for that punishment.
(Puts on pragmatic hat).
When you cross the border, they may or may not ask any particular question.
If they ask what your status is in Canada, and you indicate that you are a visitor, that would be a lie.
If they ask what your
purpose is in Canada, and you answer that you are visiting, that could be truthful, even if you are a Permanent Resident. I've crossed the border to Canada for a couple days, and done so for the purpose of travel, for vacation, to get the mail, etc.
When you apply for a PR card, they have the option of reviewing notes. If those notes said "traveler indicated he was a visitor staying only for a couple of days", then that would be indicitive of misrepresentation. For that to happen, you would almost certainly have to end up grilled in secondary (where they make more notes).
In general, if your docs look good and the answers aren't sketchy, primary doesn't make any notes. At all. Particularly if they are busy. As such, they have no clue what questions were asked, nor answers given after the fact.
Your lawyer is correct - you should not lie. Additionally, you should not forge things. That's illegal, too. You are not, however, obligated to divulge information that they do not request, and that you are not required by statute to provide.
If you were just visiting, and had return tickets, or hotel reservations for a few days, you could honestly tell them that. Should something happen that later changes your mind, that would not be illegal.
On the other hand, if you entered with the intent to stay permanently, but you stated your purpose was visiting, that would be misrepresentation, and that would be illegal. They do sometimes search phones, laptops, etc., and if they found any information that you were withholding things, that would be misrepresentation.
Permanent Residents are not required to have, nor to present, Permanent Resident cards. They are presumptive proof of status, but not required. A permanent resident may legally present a passport from a country with visa-free status as proof of identity. If asked, you would be legally obligated to answer that you were a permanent resident. If they don't ask that particular question, instead asking why you are coming, or how long you intend to stay, then you would need to answer their question honestly.
If they ask, you might be subject to a hearing, and you might lose your status. Sometimes they ask. Usually, they don't ask me. It varies - I've even been waved through without them looking at my ID, or sometimes just looking at it.
