@ leon. Can that help to avoid questions about my date of departure ?

[jorj]

Hi leon. I know you are one of the most experienced here.

I am a newly landed immigrant. I will go to the US for at least 4 years (can be renewed) because I have a good job offer there. I am a dual Citizen. I applied to PR based on only one citizenship. My other citizenship is a European one which I can use to enter Canada as a visitor for 6 months without visa. I had done that several times before I became a PR. So If I returned to Canada after several years in the US with my European passport as a visitor, then stayed in Canada for 2 years in order to apply for PR renewal, What would be the chances of failure to do this ? I mean how they can catch me that way ? I am sure the officer will not ask if I am a PR or not.

Thanks !

 

[Leon]

Re: @ leon. Can that help to avoid questions about my date of departure ?

There are no guarantees. You don't know what they know, they can always catch you, somebody who doesn't like you can tell on you etc. You are not even in the situation of the people who did not know about the requirements and stayed away too long because of that. You already know and are deliberately planning on cheating the system. If you want to take the risk, just keep in mind that your 4 year good job in the US can cost you your PR.

 

[PMM]

Re: @ leon. Can that help to avoid questions about my date of departure ?

Hi

There are no guarantees. You don't know what they know, they can always catch you, somebody who doesn't like you can tell on you etc. You are not even in the situation of the people who did not know about the requirements and stayed away too long because of that. You already know and are deliberately planning on cheating the system. If you want to take the risk, just keep in mind that your 4 year good job in the US can cost you your PR.

As an addition the OP may wish to know that CBSA/CIC has access to the US systems as well http://www.cic.gc.ca/english/resources/manuals/in/in02-eng.pdf
The net grows tighter.

PMM

 

[jorj]

Re: @ leon. Can that help to avoid questions about my date of departure ?

Thanks for your answers. I still have one doubt though. Let me put it this way, ignore my job in the US and everything else.

If I am a Canadian PR, will it be illegal to enter Canada with my European passport (visa waived) as a visitor ?

 

[ImmEnforce]

Re: @ leon. Can that help to avoid questions about my date of departure ?

You cannot enter as a Visitor. You are a PR with the right if entry. If there is the possibility that you have not complied with the residency obligation and attempt to induce an error by presenting the wrong passport, you may find yourself up on criminal misrep charges.

 

[Alabaman]

Re: @ leon. Can that help to avoid questions about my date of departure ?

You cannot enter as a Visitor. You are a PR with the right if entry. If there is the possibility that you have not complied with the residency obligation and attempt to induce an error by presenting the wrong passport, you may find yourself up on criminal misrep charges.

Criminal Rep. Charges? Are you sure of what you are saying??

OK let's think about this. Someone did not meet residency requirements so technically he has lost his PR. Right? So he decides to enter as a visitor in order to be on the good side of the law. Is that misrepresentation? If you ask me I'd say no.

Forget about PR for a minute. Assuming a Canadian citizen who holds dual citizenship with the US is coming back home to Canada and decides to present his US Passport at the border. Is that illegal? Is that misrepresentation? I would also say No. It is just the way the system is designed... that does not mean it is illegal.

By the way, he is not presenting a "wrong" passport.

 

[Leon]

Re: @ leon. Can that help to avoid questions about my date of departure ?

The US would see it as misrepresentation if you are dual US and something else and use your non-US passport to enter the US. They are very picky about dual US citizens always using their US passport when entering the US. Canadians are a bit more laid back though but immigration can get picky about the strangest things sometimes. If you enter as a tourist, you will be in the system as a tourist when you are really PR so if you don't say you are PR when you enter, that could be seen as misrepresentation.

 

[ImmEnforce]

Re: @ leon. Can that help to avoid questions about my date of departure ?

The wrong passport in the eyes of immigration. You have an obligation to truthfully answer questions. If you arrive at the border with a specific intent to cause the officer into making an error, then there could be a criminal offence. If the officer had known you are in violation of the act, different decisions could have been made.

Now, in reality charges probably would not be laid. It would draw attention to your situation and any and all discretion that could have been offered is out the window. You would be walking away with a report and order in hand stripping you of your PR status. (With the right to appeal of course)

CBSA investigations have recently taken over the responsibility for laying IRPA charges and depending on what part of the country you are in...they may be a little more aggressive.

127. No person shall knowingly
(a) directly or indirectly misrepresent or withhold material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;
(b) communicate, directly or indirectly, by any means, false or misleading information or declarations with intent to induce or deter immigration to Canada; or
(c) refuse to be sworn or to affirm or declare, as the case may be, or to answer a question put to the person at an examination or at a proceeding held under this Act.

 

[jorj]

Re: @ leon. Can that help to avoid questions about my date of departure ?

Thanks everyone for the valuable information.

@ leon. So, do you mean that when the officer puts my name on the computer as a visitor, an alarm will appear that my name is already registered as a PR ?

 

[Alabaman]

Re: @ leon. Can that help to avoid questions about my date of departure ?

The US would see it as misrepresentation if you are dual US and something else and use your non-US passport to enter the US. They are very picky about dual US citizens always using their US passport when entering the US. Canadians are a bit more laid back though but immigration can get picky about the strangest things sometimes. If you enter as a tourist, you will be in the system as a tourist when you are really PR so if you don't say you are PR when you enter, that could be seen as misrepresentation.

The difference is: in this case, he has "technically" lost his PR because he did not meet residency requirement. Right Leon? You always say this. Or are you now saying he should be caught first? You have to admit it's a flaw in the system.

 

[Leon]

Re: @ leon. Can that help to avoid questions about my date of departure ?

The flaw in the system is that immigration does not have absolute records of everybody's comings and goings. Yes, technically, he's lost his PR. If immigration doesn't know that, he's still a PR in their eyes. If he knows he's lost his PR, he should offer to relinquish it at the border and enter as a tourist. That would be the honest thing to do.

The dishonest thing to do would be to hide the PR card and one passport in the back pocket and enter as a tourist with the other passport. That is definitely misrepresentation.

And somewhere in the middle, the grey area, forget the exact number of days you were outside Canada and enter with your PR card like everything is good and hope you get away with it.

 

[Alabaman]

Re: @ leon. Can that help to avoid questions about my date of departure ?

Which is legal in this case?

I am a Canadian PR and have my Citizenship from an Asian country with a 10 year US Visa stamp. After 3 years as a PR in Canada I obtain Canadian Citizenship. Now I decide to visit the US.

Which of the two is misrepresentation/criminal? I present my Asian Passport with my still valid US visa or I present my Canadian Passport without a US Visa?

Grey? Eh?

 

[jorj]

Re: @ leon. Can that help to avoid questions about my date of departure ?

The flaw in the system is that immigration does not have absolute records of everybody's comings and goings.

Can you please explain this. thanks

 

[Leon]

Re: @ leon. Can that help to avoid questions about my date of departure ?

Unless you are a PR of the US as well and are planning on entering the US on a tourist visa because you worry they might take your green card away, this is not misrepresentation. You legally hold two passports, you can travel on either one.

Which is legal in this case?

I am a Canadian PR and have my Citizenship from an Asian country with a 10 year US Visa stamp. After 3 years as a PR in Canada I obtain Canadian Citizenship. Now I decide to visit the US.

Which of the two is misrepresentation/criminal? I present my Asian Passport with my still valid US visa or I present my Canadian Passport without a US Visa?

Grey? Eh?

 

[Leon]

Re: @ leon. Can that help to avoid questions about my date of departure ?

The flaw in the system is that immigration does not have absolute records of everybody's comings and goings.

Can you please explain this. thanks

Immigration does not have a crystal ball where they can see as you enter Canada the exact dates of every time you have arrived or left Canada in the past. They should have all your entry dates but they may not know all the dates you left. They do work with some border agencies like the US so they have access to some of their data and will be able to find out when you entered those countries but that might not be instant access but something they might have to ask for.