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Here's a complicated one for the EXPERTS !! Please advise...

fasnoon

Full Member
Jul 31, 2007
29
0
Background Scenario:
3 Years completed between July 2009 and Feb 2013, Applied for citizenship in Feb 2013,

Number of days Outside of Canada - 181
Number of days Inside of Canada - 1121

Rented Residence from Landing date to June of 2012.
Purchased property in June 2012, currently living in it.


Had 2 Unemployed Periods:

(1st) was between March 2011 - Dec 2011
Was inside Canada - Periodical Doctor visits
Ministry of Health and Long Term Care Report proves that.

ALSO During this time:
COMPLETED THE FOLLOWING (HOWEVER FORGOT TO MENTION IN APPLICATION):
20-May-2011 : Admission to OREA (Ontario Real Estate Association)
02-July-2011 : Completed Course : Real Estate as a Professional Career

30-May-2011 : Basic Security Training Completed (1 Week Course)
30-May-2011 : Emergency First Aid Training Completed (1 Day Course)

(2nd) was between Dec 2011 - Oct 2012
Recovering from L-Term illness (Was inside Canada - Lots of Doctor visits)
Ministry of Health and Long Term Care Report proves that.

In July 2013, got a Pre-Test RQ... send requested documents within a few days.
In September 2013, quit full time job. Invested approx $40,000 with a partner and started a transport business.


Current Situation:
Applied for renewal of PR Card (Expires July 2014)... application received Feb 17th, 2014
Got PR-Renewal related RQ in March 14th. Documents Sent March 21st.


LOL... NOW COME THE QUESTIONS, FINALLY !!

Our business presently consists of transport of goods within Canada. We are now thinking of transporting goods to the USA for the first time in the near future. This will require us to travel frequently across the US/Canada border. My question is that does anyone know if CBSA keeps the records of all crossings , especially if they don't stamp passports of outgoing permanent residents? To be on the safe side, we will be surely be keeping the record of all the days spent in the US, however it is possible to get the border staff to stamp the passport as well?

From a fellow businessman who is in the same situation and is already taking goods to the US, I have heard that now they have switched over to an electronic system and don't stamp the passport anymore. How do we resolve this issue when it comes to proving to CIC about the USA trips Vs. the missing stamps (in case it IS actually now an electronic system)... SURELY, the CIC is already aware of this, or not? Secondly, I have an older PR card (issued in 2009) and probably doesn't have the electronic chip in it, how will they manage to track it then?

More IMPORTANTLY, does anyone know if CIC will look at any other period other that the 3 out of the 4 years that count as the citizenship qualifying process? As all this is going to happen 1 year AFTER the citizenship application was submitted, and surely LONG AFTER the fulfilling and completing the 3 year pre-qualification Permanent Residency Obligation period in a 4 year window. Furthermore, I have read somewhere on this forum that during the interview (on the days of the test) there have been applicants who have had additional stamps after the 4 year window, but those were not even looked at. Only THOSE stamps of exits mentioned on the application were looked at. Is this also true? If YES, then there is really nothing to worry about is there?

Basically, is crossing the border for the business somehow going to screw up my situation?
All comments to my questions are welcome...
 

canucksrig

Hero Member
Jan 28, 2014
279
10
Job Offer........
Pre-Assessed..
You will not have any issue. You should order ATIP report with your border crossings. CBSA keeps record of it and you may please apply online at:
http://www.tbs-sct.gc.ca/tbsf-fsct/350-57-eng.asp

They generally look for 4 years period for which you have gathered 1095 days. However if they still ask about you moving outside Canada after you submitting your application you can show the CBSA record.
 

Msafiri

Champion Member
Nov 18, 2012
2,667
104
Job Offer........
Pre-Assessed..
fasnoon,

1. CBSA tracks all entries. They swipe your PR Card and update their databases (the swipe also makes sure its not a fake card).

2. A US CBP and CBSA data share accord is now formally operational recording US land entries as Canadian exits for all 3rd country nationals including PRs of both countries - CBSA has the data so they know when you left Canada.

3. Sure you can ask for formal stamps from CBSA at entry but you may not get one and will need to decide if to live with it or sweat the border agent. CBP still issue I-94s for land border entries and they will stamp your passport usually at Secondary Inspection.

4. The Citizenship Act states only the 4 year qualifying period matters and that if you have 1095 days of residence you are good. However CIC can and have gone outside this window and issued RQs to those that fall foul of whatever reason only known to them. Increasingly the view is that any one appearing not intent on living in Canada but is applying literally on the way to the airport deserves extra scrutiny.

5. CIC really have you on their radar - getting both a PR RQ and Cit RQ means they not only doubt your 4 year Cit window but also your 5 year PR RO window. What kind of job did you have? Was it self employment? How did you get PR? Was it via an LMO WP?

6. You should apply for your GCMS notes - they may reveal CIC's concerns but again CIC are more on the ball nowadays and redact any useful read intelligence/ investigative data.

7. Makes sure your US visa approval is tight and that you get the correct visa category...CBP ain't fun when you face their wrath at the border and they have legal power beyond belief because the US equivalent of the IRPA is hard ball on 'aliens'.

8. Look into enrolling into any trusted traveler type document/programme available e.g. Nexus - it will speed your border crossings but beware the tough conditions imposed especially customs...any breach and you can say adios to the scheme.
 

fasnoon

Full Member
Jul 31, 2007
29
0
I didn't leave at all other than stated. Just have the travel days as mentioned.
Thank you for the prompt reply, really appreciate it.