Hi everyone,
My situation is:
Had been living in Canada for 7 years on student visa. Got my PR granted in Aug. 2007. Because my wife and I were separated in Nov. 2007, so I left Canada.
Residency time accumulated so far is only 440 days. Had been back to Canada once or twice every year since 2007.
I am planning to come back to Canada in early June 2012 and my PR card is expiring on Sep. 20 2012. Obviously I will not be able to meet the residency requirement. What chance will I have, to be able to come back and keep my status. I am ready to throw away the business I have established in China and come back for good.
I have read a few topic with similar issue, seems like I might be fine to get in. but I have also heard from the forum on immigration.ca that now the new government is putting way more effort in enforcing the residency obligation. people from the other forum said I was really likely to be removed. so I am deeply concerned. I am hoping that any member here that has the most updated info/experience could let me know what the latest situation is.
I have been reading the Operation Manual on CIC website. It says "BSOs must remain cognizant of the fact that the Act gives permanent residents of Canada the right to enter Canada at a POE once it is established that a person is a permanent resident regardless of non-compliance with the residency obligation in A28 or the presence of other inadmissibilities"
and
"BSOs can refuse entry to a permanent resident only when the person has already lost the status in accordance with the provisions of A46 (such as a final determination has been made that they have failed to comply with the residency obligations or when a removal order comes into effect). In other words, once a permanent resident’s status is established, the person may enter Canada by right and the immigration examination under IRPA conclude"
So, when I was asked that if I have fulfilled the residency obligation, well I do not want to lie...if I tell them no I have not...then I will be removed?? what should I say if I am in that situation...? seems like a catch 22 to me...
One more question, I remember the last 3 times when I returned to Canada through Vancouver Airport. They had this self-help machine where I can just put in the date I left last time and swipe my card. I am good to go. Does anyone here know if this machine can calculate my residence time and notify the CBOs that I need to be further inspected???
Thank for very much for your patient in reading this and I really appreciate it.
Nahc
My situation is:
Had been living in Canada for 7 years on student visa. Got my PR granted in Aug. 2007. Because my wife and I were separated in Nov. 2007, so I left Canada.
Residency time accumulated so far is only 440 days. Had been back to Canada once or twice every year since 2007.
I am planning to come back to Canada in early June 2012 and my PR card is expiring on Sep. 20 2012. Obviously I will not be able to meet the residency requirement. What chance will I have, to be able to come back and keep my status. I am ready to throw away the business I have established in China and come back for good.
I have read a few topic with similar issue, seems like I might be fine to get in. but I have also heard from the forum on immigration.ca that now the new government is putting way more effort in enforcing the residency obligation. people from the other forum said I was really likely to be removed. so I am deeply concerned. I am hoping that any member here that has the most updated info/experience could let me know what the latest situation is.
I have been reading the Operation Manual on CIC website. It says "BSOs must remain cognizant of the fact that the Act gives permanent residents of Canada the right to enter Canada at a POE once it is established that a person is a permanent resident regardless of non-compliance with the residency obligation in A28 or the presence of other inadmissibilities"
and
"BSOs can refuse entry to a permanent resident only when the person has already lost the status in accordance with the provisions of A46 (such as a final determination has been made that they have failed to comply with the residency obligations or when a removal order comes into effect). In other words, once a permanent resident’s status is established, the person may enter Canada by right and the immigration examination under IRPA conclude"
So, when I was asked that if I have fulfilled the residency obligation, well I do not want to lie...if I tell them no I have not...then I will be removed?? what should I say if I am in that situation...? seems like a catch 22 to me...
One more question, I remember the last 3 times when I returned to Canada through Vancouver Airport. They had this self-help machine where I can just put in the date I left last time and swipe my card. I am good to go. Does anyone here know if this machine can calculate my residence time and notify the CBOs that I need to be further inspected???
Thank for very much for your patient in reading this and I really appreciate it.
Nahc
