Enrolled in Canadian College but breach of RO?

[lisafisa]

Hi everyone!

I first landed as a PR in April of 2012, stayed until end of October and had to go home basically cause I was 22, stupid and went into debt, both with credit here and in my home country. Stayed home to pay off the debt and figure my life out. Realized I was running out of time for my PR and decided to attend college in Canada. I was accepted and started this September 2015, so I arrived at the end of August, 2015 and was severely questioned by an officer who also made a lot of notes regarding why I've been away and so on. She basically warned me that I was cutting my time very close, which I am aware of.

So being stupid as I am, I thought my 5 year period was til the card expiry date which is end of June 2017. I do not get any money for school during the summer and planned to return to my home country between May-Aug (which would've worked if it was til end of June and not April) to get money and see my family. However I only have 61 days left to not be in breach of my RO.

If I were to go over the 61 days, would the fact that I am in college help my case that my intent is to stay when I graduate in May 2017? And what happens if I get a removal order while being enrolled in school?

I clearly realize the consequences and that mostly it depends on hows nice they're feeling at the POE that day. Anyone have experiences with an officer and can give advice what they asked/said if you were in breach?

Thanks! :-*

 

[scylla]

No - being enrolled in school won't give you a pass on RO. You need to meet RO in order to renew your PR card. If you don't meet RO when it's time to renew your PR card, you'll need to hold off submitting a renewal application and remain in Canada until you do in fact meet RO before you apply.

Since you've already been warned once, it's quite possible you're flagged in the system and may get question again the next time you re-enter Canada.

If you want to make sure your 100% PR is safe, you should change your plans, forget about returning to your home country to work during the summer and find employment in Canada instead.

 

[lisafisa]

Thank you,

If I were to go for less than 61 days and then come back could they give me a removal notice although I still have time left to meet my RO?

 

[Msafiri]

Thank you,

If I were to go for less than 61 days and then come back could they give me a removal notice although I still have time left to meet my RO?

1. You need to get 730 days of physical presence between your landing date in April 2012 and the same date in April 2017 to be in RO compliance. If with your travels you can do this then you are ok.

2. Quick/simple math says you have roughly a credit of say 6 months (183 days) for your stay Apr 2012 to Oct April 2012. You returned Aug 2015. So you have 365 days for 2016, 120 days for 2017 (Jan-Apr) and 120 days for 2015 (Aug-Dec). So say 788 days and a 58 days buffer but I'm giving you credit for full months though your 2 entries into Canada may have been into the month. You have to watch your 'totra travel' days - how much money will you make in this buffer day period if you consider travel dates?

3. Might be best to re-think your plan and stay in Canada especially as it seems CBSA could be waiting for you based on what seems to be RO look out notes whenever you show up at the border.

Good luck

 

[lisafisa]

Thanks,

One last question. If I were to get a removal order when I come back (With this I mean my shorter visit under 60 days so still meeting my RO) would I be able to stay in school if I do an appeal? I hear appeals take 1-2 years to process but the removal order is effective after 30 days so would I be able to finish my school while waiting for the appeal? And do appeals cost money?

Thanks guys.

 

[Msafiri]

Thanks,

One last question. If I were to get a removal order when I come back (With this I mean my shorter visit under 60 days so still meeting my RO) would I be able to stay in school if I do an appeal? I hear appeals take 1-2 years to process but the removal order is effective after 30 days so would I be able to finish my school while waiting for the appeal? And do appeals cost money?

Thanks guys.

You won't get reported if from the math you will meet the RO. Those PRs issued a removal order at a Port of Entry for RO breach have the right of appeal to be submitted to the IAD within 30 days of the report. Until the appeal is decided you are a PR so can study and work. You can't sponsor or apply for citizenship though. Costs depend on if you file the appeal yourself or get lawyers involved. The actual court forms are free to obtain and to file but if you use a lawyer they will charge you for their time.