I stayed outside canada 3 years and two months

[HassanS]

Hi,

I stayed outside canada 3 years and 3 months will I be allowed to enter with my wife and kids without reporting me to Immigration office?

What if Stayed till that last month before my PR expire and tried to Enter? and If reported can I Enter and apply for a student visa from inside canada? What would be my chance of getting that visa if I am already enrolled with a canadian University parttime (online)?

Please help.

Thanks

 

[zardoz]

Only one way to find out... You are certainly pushing your luck.

 

[HassanS]

:

Thanks for the reply!

But I posted 2 scenarios here:

1) Entering Canada a couple of months after the 3 years of leaving but before PR Expire.
2) Entering Canada a few days before PR expires
3) Switching to Students visa from inside Canada while waiting for appeal.

I appreciate an answer to each scenario.

 

[zardoz]

1) same answer
2) same answer but much higher risk.
3) not an option while you are still a PR, even if you are in appeal.

 

[Leon]

The more time you have left on your PR card, the less likely to get reported.

If you don't get reported on entry, you can stay for 2 years and only renew your PR card once you meet the residency requirements again.

If you get reported, you will have to appeal for your PR. If you had no H&C grounds for being outside for so long, you will lose your PR.

You can not apply for a student visa until you have officially lost your PR and then getting it will depend on things like being able to pay for your tuition, showing funds to live off and why you will return to your home country after you complete your studies.

 

[HassanS]

Thanks Leon.

What if I Enter with family this August and stay for 10 days then leave and come back after a year will they know that we didn’t meet residency requirement or will they just ask us when was that last time we entered Canada? Will they ask us when did we leave?
And once we are back by next year will defiantly settle down for good.
I appreciate your quick respond.

 

[Leon]

There are no guarantees. They may report you or they may not. If they let you enter in August, they may report you when you try to enter next year. However, having been in Canada in August would help because if they ask how long you were outside, you can say 1 year and not be lying and they may see that in their records.

 

[HassanS]

Thanks again.

What if I entered by my self this month in July , will I also be reported knowing that I left Canada last time in July 1st 2010? Are they going to ask about my family (wife and kids) ?
Then leave and after a year enter with Family , will they ask my wife or report her and the kids?

I appreciate your respond.

 

[Leon]

There are no guarantees. If you enter by yourself in July, having been gone for 3 years, they will ask you how long you were outside Canada. If they ask you and you say 3 years, they will certainly tell you that you are on the brink of losing your PR and that you should stay in Canada now. They may or may not report you and they may possibly not report you but flag your file stating that you entered in July having spent 3 years outside.

When your wife and children arrive next year, I assume having spent 4 years outside, if they are asked and they say that, they are certainly at risk being reported for not meeting the residency requirements. However, if they lie and say they were only gone for a short time, in case immigration doesn't believe them or if they have anything in their records showing different, they will be in trouble for lying.

You could possibly escape such questions if you enter at a large airport that has self serve lines for PR's like in Vancouver or Toronto.

 

[HassanS]

Thanks man, you've been real help.

Can you contact me at hsroor72 @ gmail.com I need your advice in private.

I guess I will go with family on August and hopefully get in without being reported.

My father in law got diagnosed with cancer in early 2012 and he died in Oct 2012, the kids were already in school and finished in June 28th that's why we have been late.
My mother has Thyroid Disease and my father had operation in his eyes as effect of diabetes. He went almost blind. I had to offer them the emotional and financial support

 

[HassanS]

Dear Leon,

Please reply to this message urgently. I have planned to return to Canada for good in August with family but afraid of being reported just because I stayed over 3 years outside Canada.
IF I resign from current work they won't give me MY End of services until September. Should I try to Enter on August and if passed without any report then get out again after a while to collect my money and comeback in a couple of months or must I stay and never leave till I renew PR? Will my excuse of leaving be justifiable?

About the automatic Entry system in Toronto - Does It requires that I enter dates and scan documents? I heard that it accepts only 4 people in same address and we are Five, me, my wife and 3 kids.

I appreciate your answers.

 

[Leon]

If you were taking care of your dying father and you have the medical records to prove it, you may win an appeal if you are reported but it would be better to bring your family in August to enroll your kids in school. If you get in without a problem in August, you may risk leaving again to re-enter in September. If you get reported on the second entry, you can talk about how you were taking care of your dying father and after he died you had to tie up loose ends back home. They may not report you if you tell them this but even if they report you, if you can prove your case, you have a decent chance with an appeal. If you already have a problem entering in August, it would be risky leaving again.

 

[sdam12345]

just a quick question: what are the self-serve lines? how does it work? I have been out of Canada for 4 years and would like to return. my PR card expires August 2014.....i am a citizen of Norway. I am in a similar situation with other people it seems and i have read that if you have a valid PR card it should be ok, if you do not require an entry visa to canada things may be even easier, in terms of getting in without being reported...does it make any difference whether you arrive by air or by car???

any advise or suggestions would be highly appreciated....

 

[Leon]

The self serve lines let you swipe your own PR card.

Some people say that the land border it easier to get in. I really do not know. If you want to keep your PR, you should return as soon as you can and stay for 2 years straight. Then your PR status will be in good standing again and you can apply to renew your PR card.

 

[sdam12345]

Hi and thanks. Yes i do want to return but guess just anxious as to whether or not i will get in without being reported.....with the self-service line i believe i read there's an agent who will still check your documents, in my case PR card and passport, i don't need a visa....then she/he will see that i've been away for 4 years, which is quite long....Or, after you swipe the card you are free to go??

I also read that since the PR card is still valid (mine for another 13 months) they usually don't report you?

i'm sure all of these questions are old by now, but thanks again.....