Best way to enter Canada when not meeting residency obligation

[tom94063]

Hello members
Can I ask you for the advice, please?
I, my wife and daughter landed for the first time in Apr 2010 and stayed for 3 weeks then left. We never came back ever since due to my personal circumstances. Our PR cards will expire in May 2015. Now I’m planning to go back to Canada to live permanently in March 2014 but my family will join me later. As I have been away for almost 4 years, there is chance of being reported. What is the best way of getting in without being reported? This time I won’t leave Canada until I meet 730 day requirement. As I searched in this forum for similar questions in many posts, the options I can think of are

Note: I am NOT visa exempt to Canada or the US. But I used to have H-1B which expired in 2004. (probably not helpful)

Option A: Fly to the U.S (Seattle). Then rent a car and drive across the Canadian border. I’ll be leaving the U.S at Blaine WA and will be entering Canada at Surrey BC. According to the CBSA website, I think I’ll drive to CBSA office name : Douglas in Surrey BC.

Option B. Fly directly to Vancouver where there is self-service machine.

Here are my questions.

1. In your opinion, which option is better? Is option A really worth it since I need to get a U.S visa, pay for rental car, probably refund for or throw away the unused plane ticket’s return leg from US back to my hometown?

2. I heard that land border crossing is in general more relaxed. Is it still true for my case since I’ll be driving a rental car with a US license plate? Will it raise questions at immigration office instead? Or they are more relaxed with H-1B or US green card holder only, not in my case.

3. For option B, how do I use machine at the airport without having to meet with IO? Just swipe PR card or what??? Note that I am NOT visa exempt to Canada. How will I get stamp on my passport if I use machine?
Thanks

 

[Matthew Iwama]

All options are poor if you are trying to get in undetected. Show up and tell the truth.

 

[Matthew Iwama]

You have a chance they will let you in and then you can go to appeal at the IAD, PM me if you need a hand.

 

[Msafiri]

........
Option A: Fly to the U.S (Seattle). Then rent a car and drive across the Canadian border. I'll be leaving the U.S at Blaine WA and will be entering Canada at Surrey BC. According to the CBSA website, I think I'll drive to CBSA office name : Douglas in Surrey BC.

Option B. Fly directly to Vancouver where there is self-service machine.

Here are my questions.

1. In your opinion, which option is better? Is option A really worth it since I need to get a U.S visa, pay for rental car, probably refund for or throw away the unused plane ticket's return leg from US back to my hometown?

2. I heard that land border crossing is in general more relaxed. Is it still true for my case since I'll be driving a rental car with a US license plate? Will it raise questions at immigration office instead? Or they are more relaxed with H-1B or US green card holder only, not in my case.

3. For option B, how do I use machine at the airport without having to meet with IO? Just swipe PR card or what??? Note that I am NOT visa exempt to Canada. How will I get stamp on my passport if I use machine?
Thanks

Doesn't matter really which route you use all down to who you find at the border at the day - if its a CBSA agent that follows the rule book you will get reported. With the automated gates there is an agent at the end collecting your customs declaration and verifying your ID - if they didn't do this what's to stop your best friend entering Canada with your PR Card and passport! This agent can send you to Secondary where they can dig into your declared absences. On balance having a PR card with a year validity makes the automated gates logistically easier - what are your chances of getting a US visa?

 

[tom94063]

Since I used to have F-1 (student visa) and H-1B with clean record, I think it should be ok this time for me to get tourist visa (B2).

 

[tom94063]

This is my reasons that I will tell them, no matter what.
As my original plan I tried to get a job (at least a call for a job interview) before moving to Canada because there are 3 persons (my wife and my 2 kids) relying on me. But no success. But to pursue our dream we decided that we should move no matter what. But last year was not a good one since I had very bad dental problem (root canal) that I needed to visit dentist almost 10 times in Apr-May 2013. And then in Aug 2013 (that I know we were already late) while we’re preparing to move, my wife’s father has been diagnosed with liver cancer (everyone knows the chance of surviving is not good) and she needs to take care of him mentally and financially. Then she doesn’t have time for our younger daughter. So she needs me to be around to do that. Now our younger daughter, now 3 yrs old is ready to go to kindergarten. So we decide that only I should move first to Canada or we all lose PR (or have already lost???) and try to get a job while she can take care of her dad and 2 kids in our home country. Then they will follow me.
I can show the immigration officer the CT scan result of my wife’s dad, showing he has liver cancer. I know that they wouldn’t listen to the fact that I can’t find a job in Canada. But when we decided to move, my wife’s dad was very seriously ill. Will they listen?

 

[Leon]

If you already didn't meet the RO (more than 3 years outside) when your father in law became ill, they will not listen as you had no good reason to stay outside for 3 yrs. +

However, if he was already sick and you were taking care of him before that, you have a chance.

 

[tom94063]

So like Msafiri said, it doesn't matter which route I take, right? They won't like my answers anyway. Then I think I'll fly directly to Vancouver.

 

[Leon]

I have heard that they are more laid back at the land border but you could get lucky / unlucky with an immigration officer any time.

With the amount of people who cross the border without meeting the RO, there is obviously a lot of IO's that don't follow the rulebook.

If you tell your story, the IO might feel sorry for you and give you a break or if they don't believe your story and already heard 10 like that on that same day, they may report you anyway. Unless it's close to their breaktime or shift change, then they might decide they can't be bothered.

Even if you come completely clean and say that you should have met the RO and that you really had no good reason why you didn't, some IO might like your honesty and decide to give you a break anyway. The point is, you don't know 'til you try.

 

[tom94063]

Thanks for your helpful input, Leon.

 

[Msafiri]

So like Msafiri said, it doesn't matter which route I take, right? They won't like my answers anyway. Then I think I'll fly directly to Vancouver.

My response was based on your previous quote that your RO breach was due to personal circumstances. The CBSA agent at the border can consider Humanitarian & Compassionate reasons when admitting you and may not report you. Some don't sweat you regardless. Its the luck of the draw who you find on the day as its outside your control. However based on threads form this forum and more importantly my reading of case law its obvious that being reported/loss of PR appeals are more likely when you apply for a Travel Document i.e. your PR Card is expired/ lost etc. Significantly less PRs get reported at the airport/ land border crossing - the border agent doesn't have as much time to review your situation as the visa officer is the rationale plus your credibility can be more easily assessed at the border. Remember the agents hear all sorts of stories everyday so they can smell any bovine waste product you bring up...they can either disregard it or nail you for it.

Go with the automated gates simply because you are guaranteed entry regardless of being reported or not. With the US route you risk getting bounced at the visa post and by CBP. With your F1/H1 history unlikely there may be any issues but it could also be viewed the other way i.e US consular officers can disregard this if they think you are going to hang out in the US. The CBSA agent will likely let it slide with your details of your father in law medical condition as well as your dental issues.

You have to sit tight for the 2 years post entry - I note you have a minor child that is a non Canadian Citizen/PR? If you sponsor the child prior to having 730 days in the 5 year prior to the application date then your RO breach will come to light.

 

[tom94063]

Msafiri, thanks for having read all my detail and for your detailed answers. Appreciate it.
Now I have further questions.

1. If I can enter Canada without being reported, then my wife and my elder child (who are also PR and their PR will expire in May 2015) want to follow me to Canada later, let say in next 6 months. If they are reported on entry, will it afffect my PR status or will it expose my RO breach issue?

2. After I can enter Canada, how can I see my younger child (who is NOT PR) because I can't sponsor her until I meet 730 RO? It's no problem for my wife and my elder child since they have PR and they can come. But a tourist visa for my younger child is likely to be rejected as they think she will overstay, as three of us are PR, right?

Thanks

 

[Msafiri]

1. No it won't affect your PR status or expose your breach.

2. When you breach the RO and have to stay in Canada for 730 days then you sacrifice not seeing your family unless they can travel to Canada. The visa posts in the Middle East are used to these situations and they will most likely deny a TRV - they will expect a sponsorship and as soon as you do this your RO breach will be exposed. Many PRs that breach the RO and don't have their kids born in Canada don't realize this family separation is often the consequence.

3. Others in your situation on this forum usually wait for 730 days then re-sponsor the whole family again. The trend though is that the mother and kids usually stay in Canada while the father works in the Middle East - on the basis its better pay with less/nil taxes but in the end the RO clock is always ticking. After the spouse living in Canada gets citizenship then if you accompany them abroad your PR status stays safe under current legislation.

 

[tom94063]

Msafiri, many thanks.

 

[tom94063]

Hi
Now I am in Canada. I came back to report what I experienced at the airport. I also have some questions as well since I am not sure if I will lose PR.

After more than 4 years away from Canada, I arrived by plane last month. I used self-serve machine to swipe my PR card and passport. All seemed ok until I got my luggage from the belt and ready to go to custom. The officer came straight to me and called my name. Now I knew I have triggered them and that I was in trouble. Without me saying a word, he told me I was in Canada for xxx days and asked me what happened. (He was very tough). I explained my situation but it wasn't accepted. He said I am going to lose PR because I have less than 1 year left till PR card expiration and I won't be able to meet 2 years obligation by the time PR card expires. And he wrote something, probably my name on his piece of paper and said he was going to "put my name on the file", or something. I don't remember exact words. Then he went to another person. My questions:

1. Has he reported me? He did not ask me sign anything, or didn't give me a paper or ask for my passport. I am a bit worried since he said he was going to do something about me like "make a note on the file or put my name on the file" and said I'd lose PR.

2. As soon as I got a place to live I applied for health care card, driver's license and opened bank accounts. But I am still waiting in the mail. I already got SIN since my first landing. What are the other things that should be done before PR card expiration? Of course I need to get a job, but either before or after should be ok right?

3. I know I should stay 2 years straight without leaving and apply for new PR card. But still curious, what would happen if I leave and come back again? Would they report me for sure, (if they haven't done it last time)?

Thanks