Can the Canada Border Serivce cut my permanent resident card?

[finalexodus]

Hi all,

I'm a permanent resident of Canada but I've only been in Canada for 10 days and my permanent resident card is expiring in 2012. I'm currently in Canada but would not be able to meet the 2 years obligations no matter what.

So i've a few questions:

1. If I stay in Canada and live there officially for 2 years, past the date my permanent residency expires in 2012, would I still be able to renew my status in 2013? (even if my PR expires in 2012)?
2. Can the border service cut up my card (which they did threaten to do) when I reenter Canada if I make a weekend trip to the states?

Thanks so much for the help!

 

[Alabaman]

Can you tell us more about the threat to cut up your card? What happened?

 

[scylla]

1. If I stay in Canada and live there officially for 2 years, past the date my permanent residency expires in 2012, would I still be able to renew my status in 2013? (even if my PR expires in 2012)?
2. Can the border service cut up my card (which they did threaten to do) when I reenter Canada if I make a weekend trip to the states?

1. Yes.
2. No - they can't. However they certainly can report you for not meeting your residency obligation. If you are reported, you will appear in front of a judge who will assess if you have met your residency obligation and order your PR status to be revoked if you haven't. You should avoid trips out of the country until you have met your residency obligation and renewed your PR card.

 

[finalexodus]

I reentered Canada with the intention of permanently settling there. However the immigration officer was super super super angry that I had only been in Canada for 10 days after getting my card in 2008. He threatened to deport me and cut up my PR card but didn't do so. I don't think I was reported because I was allowed to go and didn't have any summons to an immigration court.

I've read on some forum that the government is tightening rules and now stipulates that those who do not meet the 2 year obligation after their permanent resident card expires would have their status revoked no matter if they wish to continue staying in canada past the expiration date to meet the 2 years of residency requirement. Anyone heard of this?

 

[Alabaman]

I don't think you were reported. You probably told them you were gone for a long time. Did you fly or drive?

I have not heard about the new rule you talked about but CIC officers sometimes make their own rules based on how they feel.

 

[newtone]

They cant cut up your card but can take it away or report you which is as good as cutting it up anyway. Either ways you'll get flagged in the system which is not nice.

 

[rjessome]

I'm not sure they can take it away. They can issue a Section 44 report under the Immigration and Refugee Protection Act finding you inadmissible for not meeting the residency obligations where you would have to attend a hearing to prove otherwise.

Sounds like you got some anger with a whole lot of empty threats. As long as you are meeting the requirements of the Act and Regulations, they can say what they want but aren't legally able to do anything.

 

[robfis]

Finalexodus, I have a question to you: how did the border officer know that you haven't returned since 2008? Have you declared that, or was it stamped on the passport, or from the the computer system?
Did you travel by air, or drove from the US?
Thanks,
Robert

 

[finalexodus]

it does look like i took some legit heat from the immigration officer without any tangible actions taken against me.

I fly from Singapore to Vancouver and I personally declared i only stayed in canada for 10 days. i mean i can't just lie when he asked me"how many does have u stayed in canada right?"