Just came back to Canada - Not meeting residency obligation?????

[armoured]

How can someone know his/her SIN is in dormant condition? Is there any online platform to check it out?

I believe you could call. Not sure it's worth doing so in advance.

 

[Ponga]

Regarding Delayed Decisions on a PoE Prepared 44(1) Report:

Of course not every case proceeds as outlined in the guidelines. The most commonly seen wrinkle seems to be when no officer is available to timely review the Report, so the PR is allowed to proceed into Canada after being advised they will be contacted. What we know about these cases is very limited, largely dependent on sketchy anecdotal reports, often reported by PRs with limited understanding of the process, and it seems that, at least sometimes, the PR may not be given a copy of the 44(1) Report and may not even be informed a Report has been prepared, just told that they will be contacted for an interview or hearing.

The anecdotal reporting also includes numerous cases in which the PR is not at all sure what happened, why, what is next, among other uncertain and often confused circumstances. This includes cases where it appears or is likely an officer in Secondary put an "alert" (what we tend to call a "flag") in the PR's GCMS record.

These vary far too much and are typically too sketchy to support any reliable, general conclusions. I have seen very little about these scenarios reported in officially published cases, which makes it particularly difficult to unravel and understand what has happened in them, let alone to extrapolate general observations.

IMHO, this `wrinkle', at the very least, should be`ironed' a bit to at least require a copy of the report be given to the PR before completing their inspection. Even if there is not a second officer to review the report, it should still be created while the PR is present and a copy given to them before they enter Canada.

Not knowing how correspondence regarding the report would be delivered to the PR afterwards (likely snail mail), who doesn't even know has been written, seems a bit crass, but...that's just my $0.02

 

[vab_o1984]

One of my friend my Hyderabad applied for PR and did a soft landing in Jan or Feb 2017 soon after he got CoPR. However he was hit by personal tragedy one after the other.

He got married in Aug 2017 and was planning to relocate to Toronto by end of 2017. But his marriage was short-lived, family clashes and running around the lawyer for divorce which dragged for 3 years. Then Covid hit and with all the travel ban, he lost the interest to work in Canada. He also lost his parents due to Covid. As far as I know, this year Feb, his PR card got expired. So he literally stayed less than 2 weeks in Canada.

I know that he has close to zero chances even to enter the Canada. He once expressed his desire to travel to to this country as a visitor recently. Can he apply for a visitor visa? He wants to settle in India.

Thanks,
Vijayaraj

Firstly, your PR status has not expired; your PR card has expired. As of right now, you are still a PR of Canada, unless your status has formally been revoked by IRCC for not meeting the Residency Obligation to maintain that status.

Your attorney is correct, but has left out one very important part...
If you can prove to the CBSA officer that you are a PR, which even an expired card would seem to do that, the officer can (and probably will) know that you have not met the R.O. (not even close) and could very well create a report [44(1)] that could lead to you losing your PR status. Usually, this takes a bit of time and you would need to attend a hearing before your status is revoked and you have to leave Canada. I have heard that if the CBSA officer writes the report and has another officer (who is deemed to be a Minister's Delegate) review the report, and agrees with the report, that officer can issue a Removal Order. Not sure if that would mean immediate removal, or deferred pending further review, but either way...not good.

As you can see, your situation is likely to be problematic in the long run, but...in the off chane that you are allowed to enter without being reported, you would have to stay in Canada for at least 2 years (suggest 2 years + a few months) before you would be back in compliance and would then apply to renew your card. The problem is, depending on which province you want to live in, not having a valid PR card for more than 2 years, will be tough on you. You may not be able to obtain health coverage, a DL, or any number of other things that people usually need to `live'.

 

[hobokan]

armoured , Ponga , the details you have shared is much more informational then i got it from my attorneys.

I am curious why they will force someone out of canada just because some delays in residency requirements ?
I am seeing canada is more welcoming to many un documented immigrants..

also why they are so harsh on someone who messes up with residency requirements ...

 

[hobokan]

One of my friend my Hyderabad applied for PR and did a soft landing in Jan or Feb 2017 soon after he got CoPR. However he was hit by personal tragedy one after the other.

He got married in Aug 2017 and was planning to relocate to Toronto by end of 2017. But his marriage was short-lived, family clashes and running around the lawyer for divorce which dragged for 3 years. Then Covid hit and with all the travel ban, he lost the interest to work in Canada. He also lost his parents due to Covid. As far as I know, this year Feb, his PR card got expired. So he literally stayed less than 2 weeks in Canada.

I know that he has close to zero chances even to enter the Canada. He once expressed his desire to travel to to this country as a visitor recently. Can he apply for a visitor visa? He wants to settle in India.

Thanks,
Vijay

No no he cannot apply visitor visa as his current status is PR. For vising purpose he should send the application to surrerender the PR status then apply for visitor visa , The problem is he cannot achieve anything as visitor (its a freezer with no job authorization for vistor)

If he want to maintain the PR, ask him to travel to USA and enter in canada thru land border, this way he will allow to enter in canada as PR.

 

[armoured]

I know that he has close to zero chances even to enter the Canada. He once expressed his desire to travel to to this country as a visitor recently. Can he apply for a visitor visa? He wants to settle in India.

If he no longer wishes to be a PR, he can renounce his PR status and apply for a visitor visa after that is complete.

He should obviously be CERTAIN he does not wish to retain PR status.

 

[armoured]

armoured , Ponga , the details you have shared is much more informational then i got it from my attorneys.

I am curious why they will force someone out of canada just because some delays in residency requirements ?
I am seeing canada is more welcoming to many un documented immigrants..

also why they are so harsh on someone who messes up with residency requirements ...

At this stage, pointless line of discussion. It is what it is.

As it stands, it is VERY lenient in most respects (2 years in five in Canada, a fair amount of leniency for non-compliance).

There is literally NO middle ground which will make everyone happy.

Truth is, PR status REQUIRES being compliant with the residency obligation. Don't do so, and you face the risk of losing status (repeat: only the risk of losing status).

 

[hobokan]

At this stage, pointless line of discussion. It is what it is.

As it stands, it is VERY lenient in most respects (2 years in five in Canada, a fair amount of leniency for non-compliance).

There is literally NO middle ground which will make everyone happy.

Truth is, PR status REQUIRES being compliant with the residency obligation. Don't do so, and you face the risk of losing status (repeat: only the risk of losing status).

I wish i would have landed before my PR card expiry

 

[armoured]

I wish i would have landed before my PR card expiry

You basically haven't lived in Canada for six years. So, yeah, that put your permanent residency status in question, because you didn't ...reside here.

You have some options. Show up at the border, see how ti works, do some research beforehand.

Some here would say that those who don't live here for six years have too many options to keep their status, even after not residing here at all.

 

[Ponga]

I am curious why they will force someone out of canada just because some delays in residency requirements ?
I am seeing canada is more welcoming to many un documented immigrants..

also why they are so harsh on someone who messes up with residency requirements ...

What do you mean by "they will force someone out of Canada just because some delays with residency requirements"?

You do understand that you did not meet the R.O., right? This is not the fault of Canada, IRCC or CBSA.

This means that until you return to Canada, you have no idea (really) what is going to happen when you encounter the CBSA officer. As mentioned previously, you will be allowed to enter; no idea if it will be quick and easy (would have to agree with @armoured that it may not be), but who knows.

The R.O. `rules' to maintain PR status, while certainly an issue for you now, are far more relaxed/generous than if you were a Green Card holder in the U.S., trying to get back there after being away for 6 years.

Good luck!

 

[hobokan]

What do you mean by "they will force someone out of Canada just because some delays with residency requirements"?

You do understand that you did not meet the R.O., right? This is not the fault of Canada, IRCC or CBSA.

This means that until you return to Canada, you have no idea (really) what is going to happen when you encounter the CBSA officer. As mentioned previously, you will be allowed to enter; no idea if it will be quick and easy (would have to agree with @armoured that it may not be), but who knows.

The R.O. `rules' to maintain PR status, while certainly an issue for you now, are far more relaxed/generous than if you were a Green Card holder in the U.S., trying to get back there after being away for 6 years.

Good luck!

I agree with you Canada is still considerable and reasonable compare to USA.

Wish me luck, I will update you the outcome.
I am making myself ready to take private insurance + No DL for 3 years scenario. However i should be able to start my journey again and let see how the CBSA officer treats me.

 

[vab_o1984]

No no he cannot apply visitor visa as his current status is PR. For vising purpose he should send the application to surrerender the PR status then apply for visitor visa , The problem is he cannot achieve anything as visitor (its a freezer with no job authorization for vistor)

If he want to maintain the PR, ask him to travel to USA and enter in canada thru land border, this way he will allow to enter in canada as PR.

I dont think so he wants to settle in Canada. He earlier spent some time earlier on work permit and liked Canada. But he got a job here and dont want to leave it. Only wishes to spend some time during holidays..


As @armoured said, I will ask him to look into renouncing PR before applying for visitor visa. Thank you all for your inputs.

 

[armoured]

I dont think so he wants to settle in Canada.

Sorry, to be clear, you mean he does not wish to settle in Canada?

Main thing is, he must understand that renouncing PR status is permanent (unless he can apply and get accepted again, which is less easy with age).