+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

I stayed outside canada 3 years and two months

Leon

VIP Member
Jun 13, 2008
21,950
1,322
Job Offer........
Pre-Assessed..
They usually don't report you if they don't know that you don't meet the residency requirements. Somebody who still has a year left on their PR card but has been in Canada every year might not be reported because in most cases, they can only see the entry dates so they don't know if they were in Canada and have been taking vacations outside or that they have been outside and taking vacations in Canada.

However, if you have been outside Canada completely for 4 years it is clear that you do not meet the residency requirements. Ok, again, they may not know your exit date so they do not know if you stayed for a year and then left for 3 but it is also possible that they do so it is risky if you lie because if they happen to see your exit date on their computer, they will know.

It is however important if they do realize that you have been outside for 4 years and do not meet the requirements and ask you about it how you answer that question. In this case, they have no proof of you lying about your reasons so you can say anything you want. If you say that you were outside Canada for so long because you got a good job, because you were studying etc. you should not expect sympathy. However, it is still up to the IO if they report you or not. They may still decide to let you enter. On the other hand, if you say that you were taking care of a seriously ill relative which is an accepted H&C reason and you say you are ready to prove it if they report you and appeal for your PR, they may be even less likely to report you. If you do end up with an appeal, you are supposed to prove what you said. With a good job or an education story, you have no grounds for an appeal anyway. With the sick relative, if it wasn't true after all, you'd have a problem proving that as well but if they never reported you in the first place, you wouldn't have to.
 

sdam12345

Member
Jul 12, 2013
12
0
Forgot, i read a post saying you can enter Canada by car by just showing a valid PR card, and not passport? is this true? Still, they may ask for how long you've been away from Canada, in my case, 4 years......
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
sdam12345 said:
Forgot, i read a post saying you can enter Canada by car by just showing a valid PR card, and not passport? is this true? Still, they may ask for how long you've been away from Canada, in my case, 4 years......
Pretty sure that you will need to be carrying your passport as well.
You might not be asked to show it, but you will have big problems IF you got asked at either border for it.
 

sdam12345

Member
Jul 12, 2013
12
0
Yes carrying my passport is clear. I have a new passport though which does not include any evidence of my entry back in 2009. Either way, having read through tons of posts it seems going through the self-serve kiosks at the airport may be an easier option......my PR card expires August 2014 (i know this is irrelevant) but i've read that usually immigration agents let you in if you are still within validity...but no guarantees of course......
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
Hope you get lucky. I know that there is one CBSA officer that frequents one of the immigration forums that says he always reports...
 

barley

Member
Oct 7, 2011
10
0
Hassan, is your spouse a Canadian citizen?
If so, we were told by the landing officer that living outside of Canada, along with your Canadian spouse, still counts as time living in Canada.
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
barley said:
Hassan, is your spouse a Canadian citizen?
If so, we were told by the landing officer that living outside of Canada, along with your Canadian spouse, still counts as time living in Canada.
She can't be, because in an earlier post, he asks about her being reported... This would not be relevant if she was a citizen.
 

Sanket

Newbie
Jul 19, 2013
7
0
Hi Leon

I am sanket from india. I got my pr visas in dec 2011and landed in canada in may 2012. I with my wife stayed in canada for 3 months till sept 2012 than had to return to india due to family reasons. Meanwhile I had completed my pr formalities and received pr and sin cards. My pr expires in 2017.

I want to return to canada but would be able to return in 2015 not earlier now I need to know that whether we would be reported , allowed to enter canada and continue our stay also as per present obligation we would not be able to stay for 1070 days before ourpr card expires what should we do to renew our pr cards

Hope to havee your reply asap.
 

Leon

VIP Member
Jun 13, 2008
21,950
1,322
Job Offer........
Pre-Assessed..
Sanket said:
Hi Leon

I am sanket from india. I got my pr visas in dec 2011and landed in canada in may 2012. I with my wife stayed in canada for 3 months till sept 2012 than had to return to india due to family reasons. Meanwhile I had completed my pr formalities and received pr and sin cards. My pr expires in 2017.

I want to return to canada but would be able to return in 2015 not earlier now I need to know that whether we would be reported , allowed to enter canada and continue our stay also as per present obligation we would not be able to stay for 1070 days before ourpr card expires what should we do to renew our pr cards

Hope to havee your reply asap.
It is 730 days you have to stay in Canada. That means that in your first 5 years as PR's, you can spend no more than 3 years outside Canada. Because you left in Sept. 2012, you need to come back to Canada at the latest in Sept. 2015, less than 3 years from the time you left. You should also keep some proof if you have it of when you left. Do you have a passport stamp from Sept. 2012 entering some other country? If you do, that would help. Coming back before 3 years have passed would be the only way to guarantee that you are not reported.

If you come back later than Sept. 2015, you can not meet the residency obligation and then it depends on your luck or the mood of the immigration officer whether you get reported or not.