DEPORTATION DUE TO NOT MEET RESIDENCY OBLIGATION

[chetankumar]

HI,
I and my family hold PR status under FEDERAL SKILLED WORKER CLASS. we have also SIN no. first, we landed 27th march 2011 and stayed one month.then went to our home country.now we went back to CANADA around 6th june 2014.can we be deported from the airport due to over stay in home country almost more than 3 years? our PR card expires on 7th may 2016.how CIC count PR period? as per five years period it will be 720 days are remaining (starting from landing date to five years period ) and as per PR card it will be 730 days are remaining (starting from landing date to expiry date of PR card).
i am really confused.please reply as soon as possible.

with hope,
chetan

 

[zardoz]

The PR card expiry date is irrelevant. You must count from the date that you landed. They may REPORT you but they can't DEPORT you from the airport.

 

[chetankumar]

The PR card expiry date is irrelevant. You must count from the date that you landed. They may REPORT you but they can't DEPORT you from the airport.

As per landed date, i am not eligible for residency obligation.if they report me, then removal order may be issued. what should i do? land or not land

 

[zardoz]

As per landed date, i am not eligible for residency obligation.if they report me, then removal order may be issued. what should i do? land or not land

I'm sorry but I don't understand the question.. If you are reported, you will have the opportunity to appeal. If you don't get reported, just stay in Canada until you meet the residency obligation requirements again.

 

[chetankumar]

I'm sorry but I don't understand the question.. If you are reported, you will have the opportunity to appeal. If you don't get reported, just stay in Canada until you meet the residency obligation requirements again.

from first landing date (27/03/2011) (become PR on this day) to 26/03/2016 it will be 5 years period for me. i stayed earlier only 30 days in 2011.730 days require for residency obligation.if i land before 10/06/2014, then 686 days will be remaining till 26/03/2016.

is it ok to land with family or alone to face difficulties related report by immigration officer, removal order and then file appeal.if appeal dismissed then whole family must go back to home country.total expenses will be 8000 CAD $ including lawyer fees,accomodation,food,transportation,air tickets and many more.

can i file appeal or write a letter to immigration or ministry from my home country without landing regarding why not meet residency obligation? can they answer or not? really, too much confused.

with hope,
chetan

 

[zardoz]

OK, I understand. You cannot possibly meet the RO because you have already been outside Canada for more than 1095 days since the day that you became a PR.

I really don't know what the best choice for you (all) is. You have identified the risks and consequences correctly.

The only time that you can tell anyone your reasons for not meeting the RO is when you either are threatened with being reported, you are appealing against being reported, or you have to apply for a PR Travel Document because your PR cards have expired. There is nothing you can proactively do to inform CBSA/CIC of your reasons.

It's your choice how to proceed, knowing that you (all) might be reported on entry. The longer you stay outside Canada, the higher the risk that you take.

 

[txboyscout]

from first landing date (27/03/2011) (become PR on this day) to 26/03/2016 it will be 5 years period for me. i stayed earlier only 30 days in 2011.730 days require for residency obligation.if i land before 10/06/2014, then 686 days will be remaining till 26/03/2016.

is it ok to land with family or alone to face difficulties related report by immigration officer, removal order and then file appeal.if appeal dismissed then whole family must go back to home country.total expenses will be 8000 CAD $ including lawyer fees,accomodation,food,transportation,air tickets and many more.

can i file appeal or write a letter to immigration or ministry from my home country without landing regarding why not meet residency obligation? can they answer or not? really, too much confused.

with hope,
chetan

Hi

It all depends on why were you out of Canada for so long?

If it was for some reason that qualifies as a humanitarian and compassionate exception, then you will probably be allowed to keep PR otherwise not.

I think your safest best is coming to Canada and hoping that you do not get reported. If you do get reported, what are you going to base your appeal on?

You can apply for a returning resident document at the consulate where you are right now (AFTER your PR card expires), but this involves telling them upfront that you did not meet the RO. Unless you have a rock solid reason for this, they will deny your application and revoke your PR

 

[Leon]

As others have said, you can't apply for anything beforehand to excuse you from not meeting the RO while your PR card is still valid.

If you want to keep your PR, you have to do the jump and come to Canada. When you arrive in Canada, the immigration office will likely ask about you staying outside for more than 3 years. If you had mitigating reasons, they may let you enter without reporting you. You will enter Canada, are still a PR and the next step would be to stay for a period of 2 years straight at which point you meet the RO again. You should not apply for anything to immigration during that time. You should not apply to renew your PR card until you have your 2 years.

If you get reported, you will be allowed to enter Canada as a PR but you must appeal for your PR. You will be allowed to stay while they process your appeal which can take 1-2 years. If they revoke your PR in the end, you will be asked to leave.

 

[chetankumar]

OK, I understand. You cannot possibly meet the RO because you have already been outside Canada for more than 1095 days since the day that you became a PR.

I really don't know what the best choice for you (all) is. You have identified the risks and consequences correctly.

The only time that you can tell anyone your reasons for not meeting the RO is when you either are threatened with being reported, you are appealing against being reported, or you have to apply for a PR Travel Document because your PR cards have expired. There is nothing you can proactively do to inform CBSA/CIC of your reasons.

It's your choice how to proceed, knowing that you (all) might be reported on entry. The longer you stay outside Canada, the higher the risk that you take.

hi,
our PR card will expire on 7th may 2016. thanks for reply.can i land alone or wit

 

[zardoz]

hi,
our PR card will expire on 7th may 2016. thanks for reply.can i land alone or wit

Either.. Your choice.