Can a PR of canada who doesn't live there anymore get turned away at airport?

[floss2010]

i am currently a valid permenant resident of Canada (ive found it hard to get a proper answer on this), my PR card is valid for over another 2 years, i moved back home after living in Canada 15 months because me and my wife seperated, I intend to go back this week just for a weeks visit, not inteneding on living there again i would prefer just to enter as a tourist, but because ive still a valid PR card i will have to use that to re-enter Canada, could I be turned away then at airport because I have a PR card and no longer live there? thanks

 

[CharlieD10]

It doesn't really matter how much longer your PR card is valid for. What matters is whether your PR status is still valid. Someone can hold a PR card that is valid and yet because they have been outside of Canada for most of the past 5 years and will not be able to fulfill their residency requirement in the time left in the 5 years, they can be found inadmissible for failure to meet their obligation.

If this is the first 5 year period since you became a PR, you will not be turned away. You have 15 months or approximately 450 days out of the 730 required to maintain your status, and another 2 years in which to meet the remaining 280 days.

If you don't want to keep the status after this period, I suggest you find out from CIC or CBSA what you need to do in order to voluntarily relinquish it. Do not just let it "lapse". The danger of just letting it lapse is that although you are visa exempt and can enter the country freely as a tourist, you may still be reported as a PR who has failed to meet his residency requirement and find yourself ordered to leave the country by being found inadmissible for this failure! Since you don't want to keep it, let it be known. Don't just assume they are going to relieve you of your residency obligation because you made a decision not to remain a PR. Advise the proper authorities and deal with it the same way you dealt with your application to become one: according to the proper procedure.

 

[floss2010]

ok so going by that my staus then is still valid as i have still time to meet the residency obligations, and because its my first 5 years i shouldnt be turned away at airport then, however if i say im only coming for a weeks visit does that not say to them then i dont want to meet the residency obligation and deem my residency invalid from there? thanks

 

[CharlieD10]

No. They don't become concerned until it is obvious you will not be able to meet or have not met your residency obligation. How long you stay in Canada otherwise is not their concern. Being a PR gives you the right to enter and remain in Canada as long as you choose to, so long as you are within your obligation, which you still are.

 

[SATDXB]

It doesn't really matter how much longer your PR card is valid for. What matters is whether your PR status is still valid. Someone can hold a PR card that is valid and yet because they have been outside of Canada for most of the past 5 years and will not be able to fulfill their residency requirement in the time left in the 5 years, they can be found inadmissible for failure to meet their obligation.

If this is the first 5 year period since you became a PR, you will not be turned away. You have 15 months or approximately 450 days out of the 730 required to maintain your status, and another 2 years in which to meet the remaining 280 days.

If you don't want to keep the status after this period, I suggest you find out from CIC or CBSA what you need to do in order to voluntarily relinquish it. Do not just let it "lapse". The danger of just letting it lapse is that although you are visa exempt and can enter the country freely as a tourist, you may still be reported as a PR who has failed to meet his residency requirement and find yourself ordered to leave the country by being found inadmissible for this failure! Since you don't want to keep it, let it be known. Don't just assume they are going to relieve you of your residency obligation because you made a decision not to remain a PR. Advise the proper authorities and deal with it the same way you dealt with your application to become one: according to the proper procedure.

I second Charlie!!


Cheers..

 

[Leon]

They would never turn you away at the airport. Even if they were certain that you don't meet the residency requirements, the worst they could do is report you for it and let you into Canada and give you a chance to appeal. You could also admit that you don't meet the residency requirements and offer them your PR card.

At ports of entry or inland, loss of status occurs when the period of 30 days to file an appeal against the removal order expires and the order comes into force [A46(1)(c), A49(1)(c)]. In addition, the Department has decided to allow voluntary relinquishment of permanent resident status in limited circumstances.

 

[floss2010]

thanks for your answers now i can look foward to my holiday now, I didnt know what way it worked so couldn't look foward it, ill take all your advice on board about the other stuff too, many thanks