Does not meet RO, but full intent to live in Canada for good

[Yose]

First of all, thank you for all the helpful inputs in this thread. Especially for the consistent posters sharing their knowledge (Leon, dpenabill, rish, etc).

I have done quite some backreading here and can say I know enough of my situation. I am posting to get help on my specific situation and hoping to get comfirmation and more info specific to my case.

Granted PR 2014. Landed in July 2014, stayed two weeks then went back to home country.
Returned in 2017 for 2 weeks, already in breach of RO, but LUCKILY did not get reported. Although already had a serious talk with the IO.
Now I have decided to stay for good in Canada, and plans to fly in around May 2018. By this time, 15 months left in PR card validity, and already in breach of RO by around 8 months.

I know by flying in I risk getting reported and my luck like the previous time is not guaranteed. Essentially by that time I have let go of my job, properties, etc in my home country, and will go back to nothing if worst case happens and gets reported and eventually removal order.

My questions are:
1. Will convincing the IO that I am fully intending to stay for good help my case?
2. My passport will also expire soon, meaning by the time I fly I already have a new passport hence no old record of travel whatsoever. Will this have any impact (good or bad) during my POE examination?
3. Any tips on increasing my chances not to be reported during POE examination?
4. During my POE examination in 2017, the IO clearly said that he will not file a report, but rather put some "notes" indicating that at the time, he has no sufficient data to suspect my RO breach (kind gesture since I was completely honest with him amd appealed for him not to report me). Does this encounter mean that I am guaranteed to be sent to secondary since this "note" is already in my record?

Thank you for any info.

 

[Bs65]

The only positive thing is that as a PR you will be entitled to enter the country. However given your history having only resided in Canada for 4 weeks since July 2014 and having been flagged on the system the last time you entered the odds of being reported next time in May 2018 look pretty high although nobody here can really say of course.
1. you can try any story you want but facts are facts that by the time you land you will be just short of 4 years since initial landing and only spent 4 weeks in the country. So depends how good your story is and how sympathetic CBSA are on the day, but I would assume you expect a secondary inspection.
2 Having a new passport probably wont make much difference given you are obliged to answer any questions about time in the country and last time you left honestly anything else asking for trouble with misrepresentation. In any case whether you present an old or new passport your name/DOB and so on will be in the system as well as PR status so even with a new passport they will know who you are plus of course your PR card.
3.I do not have any tips but maybe others do. You are at the mercy of the CBSA officers at the time whether they report you this time having already been told last time that you already failed RO. If they do report you at least you can still enter and then appeal your case.
4.Others can comment on this but it would be my guess that you will be sent to secondary given you were warned last time and there will be a note on the system.

Ultimately all you can do is be honest again, be prepared with compelling reasons why you could not meet RO such as family illness, old age parents and so on. Not sure work availability would be a good enough reason given everyone generally struggles with that, it is one of the big challenges with moving to new country apart from integrating into a new way of life.

Oh and just to clarify PR card validity has nothing to do with residency obligation, that starts the day you land so your initial 5 years is up June/July 2019

 

[Buletruck]

Agree with the above. The notes made on the previous entry will likely work against you this time, but as mentioned, it will all depend on the CBSA officer you encounter that day. Having nothing to go back to won't prevent them from revoking your PR, but presented in the right manner may improve your chance of not being reported. Again, it's all dependent on those one or two CBSA officers you meet the day you return to Canada.

 

[rish888]

Given there are notes against you in the system, it makes things complicated.

Many people may be willing to offer second chances, but not many will offer a third chance. That is just a fact. You may very well encounter a super nice officer who gives everyone a break whenever s/he can, but there are no guarantees.

While some may find advice of this sort unethical, here are some tips if you want to maximize your chances:

1: Avoid Quebec. Even if your are Francophone. It is a fact that Quebec issues more departure orders than any other province.
2: Be pleasant and be honest. (Very important.)
3: Try a train. A while back there was some guy asking a bunch of random questions about how to game the system, and what I noticed from some of the posts is that on a train CBSA doesn't usually scan the PR card. They just carry out a visual confirmation and only go into the office to scan your ID if there is something abnormal. Given the number of people on the train and the fact that you are a PR, you may not even be asked about RO. (Compared to other means of transport.) So maybe try a train. (Just a thought.)

 

[Yose]

Appreciate all the responses guys. Thank you.

Rish, can you share more how I can enter by train? I am not from US and only mode I can think of to enter Canada is by plane.

Moreover, these are some follow up questions. Please note that I am sincere to settle in Canada hence these questions are for my possible next steps, and the fastest way to get me and my fiancee settled in Canada.

1. Since I am in breach of RO, i will have to wait at least 2++ years before I can petition her, assuming I enter without being reported. Hence I think the best way to go is for my fiancee to apply for PR on her own. Question is, it is better for her to apply now and change marital status in the middle of application or wait until we get married?

2. Given that I am in breach of RO, will this impact her application negatively?

3. What if she gets approved with me as spouse and then Immigration finds out that I am a PR but in breach of RO? Will my 5 year period reset (eg. I can ride with her new 5 yr period as her spouse?)

4. When applying, the applicant should indicate if the spouse is PR or citizen. Presumably she should indicate that her spouse is a PR. But given I am currently in breach of RO, how will this affect her application?

Thank you in advance.

 

[canuck78]

First your PR would expire in July 2019 which is 14 months not 15 months. I'd highly suggest you don't sell all your things until you land in Canada in May 2018 and see if you are reported. Since you have already been spoken to and there seems to be a note in your file the odds are against you.

 

[jedi_jam]

question? i just landed last sept 2017 and will be going back home to my country for a year then come back again to canada..is that okay? does it affect my RO?

 

[Bs65]

question? i just landed last sept 2017 and will be going back home to my country for a year then come back again to canada..is that okay? does it affect my RO?

In theory you can stay away for nearly 3 years from your initial landing but then you would need to stay for 2 years without leaving at all to meet the RO. The residency obligation after initial landing requires you to accumulate 2 years in the country out of the first 5 years, doesn’t need to be in one go though.

Also for info do not confuse as others still do the PR card start/end date with the RO , only the landing date is important for the initial 5 years.

To come back after a year assume you will either have your PR card with you or else you will need to apply for a PRTD given without one or other you will not be able to board a plane.

 

[jedi_jam]

In theory you can stay away for nearly 3 years from your initial landing but then you would need to stay for 2 years without leaving at all to meet the RO. The residency obligation after initial landing requires you to accumulate 2 years in the country out of the first 5 years, doesn’t need to be in one go though.

Also for info do not confuse as others still do the PR card start/end date with the RO , only the landing date is important for the initial 5 years.

To come back after a year assume you will either have your PR card with you or else you will need to apply for a PRTD given without one or other you will not be able to board a plane.

thank you for the answer..i thought i could lose my pr status if i come back to canada after a year

 

[Bs65]

thank you for the answer..i thought i could lose my pr status if i come back to canada after a year

No you cannot but as said you need to make sure you have your PR card or a PRTD if flying back to Canada. People do short landings all the time and have no issues at all when they return as long as they as said do not stay away more than 3 years from initial landing, even then as PRs they are entitled to enter the country.

 

[rish888]

@Yose

Your fiancee shouldn't lie about your status. If she is applying independently then saying she is married to a PR shouldn't affect you as you are not sponsoring her. She should apply as a single then change status midway, this will only delay the application.

She shouldn't say she is married to a citizen. Lying on a PR application is not a wise idea.

If you really don't want IRCC to know about you then let her apply and only get married once she becomes a PR.

On another note, about you entering Canada:

You don't need to be from the U.S. to take a train. However it is true that all international Canada-bound trains originate in the U.S. Do you have a U.S. visa or are you in a position to get one? If so, then you can go to Canada by train.

If you are not in a position to enter by train, then plane is your only option. (Out of all the airports Pearson Toronto on a busy day during a busy time is your best bet in terms of chances.)

 

[Yose]

@rish888

She does not intend to lie. My question was because she needs to indicate in her application the status of her spouse. My worry is if she indicates that her spouse is a PR, the IRCC might look up my record and find out I am in breach of RO. Not sure whether this csn negatively impact her chances for approval.

 

[rish888]

@rish888

She does not intend to lie. My question was because she needs to indicate in her application the status of her spouse. My worry is if she indicates that her spouse is a PR, the IRCC might look up my record and find out I am in breach of RO. Not sure whether this csn negatively impact her chances for approval.

@Yose

If you want 100% odds, then postpose the wedding until you are back in Canada and she gets her PR. This way she can apply as a single.

I can't say 100% that IRCC won't find out you defaulted on your RO, but as long as she is applying independently they shouldn't care about you.