NN74 said:
How one could prove at port of entry that he/she had fulfilled residency obligation when date of expiry of PR is close by and PR card holder is traveling or entering Canada? For example:
On 1st Jul 2010 became landed immigrant
Received PR card by Sept 2010 for 5 yrs (expiring on 30th July 2015)
Stayed in Canada but kept traveling during 5 yrs period (built residential ties in Canada: home, kids school etc.)
Accumulated 924 days physical presence in Canada
(applied PR card renewal in Mar 2015 but its pending at CIC end)
Now there's an urgent need to travel to visit ailing mother, able to return back to Canada by 20th July 2015 but what if CIC officers at POE ask about residency obligations. How to prove that its already met?
This is a legitimate question. While I do not think there is cause to be overly worried, I disagree with
CanV's characterization that there is
"nothing to worry about," especially given that you have PR card application pending.
Reminder: the burden of proving compliance with the PR Residency Obligation is always on the PR.
A lot depends on whether your PR card is being processed as a routine application or involves a secondary review or residency determination.
In particular, though, there is minimal reason to be concerned
IF:
-- there is no reason to think your PR card application is or will involve a secondary review or you will be issued a Residency Determination request for proof of residency, and
-- you are for sure returning prior to the current card expiring, thus displaying a currently valid PR card upon arrival, and
-- you have left and returned to Canada at least a couple times in the last couple years (more than just what might appear to have been a return to Canada in order to make the PR card application in March), and
-- you are carrying a Canadian drivers license and something else to show your residential address in Canada, even better if you have something to show regular employment in Canada
In the above circumstances, the prospect of a problematic interview at the POE is indeed low.
But how these things can go varies widely and depends a lot on individual factors, which include the pattern of travel, the nature of your ties in Canada (especially place of residence and employment, but family as well), how frequently and recently you have entered Canada, and by now whether or not CIC is satisfied with your residency in processing the PR card application. The latter would be the big indicator.
If for example you found out your PR card application was referred for a secondary review, or especially if CIC sent you the forms for a Residency Determination, it would be very likely there is a flag in GCMS/FOSS which would lead to a more thorough examination upon your arrival at the POE seeking entry into Canada.
Again, I do not mean to say there is cause to be much concerned or overly worried, let alone alarmed, particularly since it appears you have been in Canada more than half the time in the last five years.
But it is for sure a good idea, when you are entering Canada, to have in your hands (not in baggage) a few documents which show where you are living in Canada, that you have been living in Canada, and it would be good to have something which shows you have been employed in Canada. No need to go overboard, just have enough to illustrate you have been to Canada more than just returning in time to have submitted the PR card application.
