My PR will be revoked if I will not make correct decision.

[2817]

Dear Alabaman,

Did you have your own expierence when you could extend your PR residing 730 days in Canada but with expired PR card?

Do we have any posts where people where posting such stories? Thanks.

 

[steaky]

Then your only option is to fly to Canada, go through Canadian customs / immigration at the airport and hope for the best.

This is not the only option. The alternative is by sea (example, cruise ship sailing from Singapore to Vancouver), but again OP need to go through Canadian customs/ Immigration at the port of entry and hope for the best.

My schedule is very tight, if I will move in Oct12 I will have to stay without any travel oversees to meet 584 days remaining. Question: YVR immigration officers will ask me about my residency they are very strict, I already passed before and know how many questions they are asking. If they will see that I am very tight with my remaining days, can they revoke my PR at the airport? Do they have right to report me if I was out of country exactly 3 years? Should me show them my excel sheet which I prepared for counting my presence in Canada. I realize that they have all landing records and cannot cheat them.

Does it have to be Vancouver? I heard Toronto immigration is less strict. Many posters said Toronto living cost is less than Vancouver and more job available. You can also consider St. John's, Newfoundland. Think about it.

 

[2817]

Dear Steaky,

Leon was advising me as well, that I can live in an other part of Canada, the problem that I have debt and need to handle that issue.

In case I will decide to move to Toronto, should me directly tell to custom that I was staying before in Vancouver and decided permanently live in Toronto? Will it effect in extention of my PR? Please advise.

 

[Leon]

You would not have a problem moving to Toronto although you will have a waiting period of 3 months to get health care there.

As long as you have not been outside Canada for 1095 days or longer in the previous 5 years counting backwards from the day you apply to renew your PR, you are ok to renew.

 

[2817]

Dear Leon,

Do you remember any posts, where people could extend their PR staying 2 years out of 5, with expired PR in Vancouver. As per my understanding PR rules in all provinces of Canada should be equil and not differ from each other. Am I right? I have good freinds in Vancouver and still hope to stay there. Thanks in advance for your advise.

 

[Leon]

Do you remember any posts, where people could extend their PR staying 2 years out of 5, with expired PR in Vancouver. As per my understanding PR rules in all provinces of Canada should be equil and not differ from each other. Am I right? I have good freinds in Vancouver and still hope to stay there. Thanks in advance for your advise.

Immigration is federal so your application to renew your PR card will not be processed in the town where you live unless you happen to live in Sydney, NS which is where the processing centre is. After the pre-processing, your application is either approved and your PR card is issued and mailed to the CIC office where you lived where you can pick it up or if they believe you might not meet the residency requirements, they can ask the local office where you live to interview you and you might then have to prove where you have been living. Immigration follows the same rules in Vancouver as they do in Toronto or anywhere else for that matter.

It is clear in the rules of immigration that they can not look at any 5 year period they want to when they decide if you meet the residency requirements or not. They must look at the 5 year period immediately before you apply for your PR card renewal. If you meet the requirements for those 5 years, they can not deny you the PR card.

For persons who have been permanent residents of Canada for more than five years, the only five-year period that can be considered in calculating whether an applicant has met the residency obligation is the one immediately before the application is received in the visa office. A28(2)(b)(ii) precludes a visa officer from examining any period other than the most recent five-year period immediately before the date of receipt of the application.

Even if a person had resided away from Canada for many years, but returned to Canada and resided there for a minimum of 730 days during the last five years, that person would comply with the residency obligation and remain a permanent resident. An officer is not permitted to consider just any five-year period in the applicant’s past, but must always assess the most recent five-year period preceding the receipt of the application.

 

[Michels]

... unless you happen to live in Sydney, ...

I wonder if anybody other than CIC staff lives there! and Tim Horton's staff to boost productivity and shorten the backlogs ;D

 

[Leon]

According to http://en.wikipedia.org/wiki/Sydney,_Nova_Scotia 33,000 people were living there in 2006 and there was high unemployment so I am sure that immigration is a big employer for them.

 

[Michels]

According to http://en.wikipedia.org/wiki/Sydney,_Nova_Scotia 33,000 people were living there in 2006 and there was high unemployment so I am sure that immigration is a big employer for them.

Yeah.. interesting how WWII affected the course of their economy..

 

[2817]

Leon, I was reviewing mannual which you attached along with your post, if you will open page 8, where is noted that: An officer is not permitted to exclude the possibility that an applicant who resided abroad for three years may still be able to comply with the residency obligation during the remaining two years of the five-year period - I believe it is related to my case. I think to carry with me this mannual, in case I will have problems at the airport I can open this chapter and show that i still have chance to meet residency obligation.

Related to my husband case: He has family links with canada, I think they should consider it and allow him to enter still he has chance to meet 730 days, am I right, please advise.

Thanks.

 

[Leon]

Right. If you have been a PR for less than 5 years, they can not deny you entry based on that you do not have 730 days in Canada already. They must look at if you could still have 730 days in Canada before your first 5 years as a PR have passed. Still, the reality seems that most people seem to get through without too many questions as long as the PR card is still valid.

Leon, I was reviewing mannual which you attached along with your post, if you will open page 8, where is noted that: An officer is not permitted to exclude the possibility that an applicant who resided abroad for three years may still be able to comply with the residency obligation during the remaining two years of the five-year period - I believe it is related to my case. I think to carry with me this mannual, in case I will have problems at the airport I can open this chapter and show that i still have chance to meet residency obligation.

Related to my husband case: He has family links with canada, I think they should consider it and allow him to enter still he has chance to meet 730 days, am I right, please advise.

Thanks.

 

[Michels]

Right. If you have been a PR for less than 5 years, they can not deny you entry based on that you do not have 730 days in Canada already. They must look at if you could still have 730 days in Canada before your first 5 years as a PR have passed. Still, the reality seems that most people seem to get through without too many questions as long as the PR card is still valid.

The Concept of the PR is:

- If you are crossing the border into Canada with a valid PR, an agent must consider you as a deemed resident and let you into the country.. regardless if he suspects you satisfy or not the residency in terms of Days spent as physical presence is not the only requirement to meet residency... not to mention that humanitarian and compassionate grounds here will beat any argument any border agent might give, according per the law (s)he must let you in.
- If you are outside Canada with an expired PR , you are deemed non resident unless you proof you met residency and need to get back to the country to renew thus they issue a PR travel document..etc..

These are the 2 basic but fundamental principles of the PR dates

 

[Michels]

Check Enf 4 11.1, 11.2, 11.4 with regards of port of entry procedures
http://www.cic.gc.ca/english/resources/manuals/enf/enf04-eng.pdf

And Enf 27 with regards to expired/WO a PR card abroad..

 

[Leon]

However, if you are a PR are entering Canada and they suspect or know that you do not meet the residency requirements, they can report you for breach of IRPA article whatever and somebody higher up from that officer will decide if they will follow through on it and actually start proceedings to revoke your PR. They will still let you enter Canada and you will be able to appeal but according to people who have crossed into Canada without meeting the requirements, this almost never happens.

Instead, the immigration officers will either just let people in without any questions or if they believe they might not meet the requirements, they might give them a stern talking to. They might even tell them that their PR is already gone. They might even take their PR card away. However, once you get into Canada and did not get reported, you are still a PR and you can stay your 730 days and then apply to renew your PR card and your status will be good again.

 

[2817]

Hi Leon and Alabaman,

I decided to move to BC, Canada with my baby at the end of Oct12, I have next questions:

1. I do not plan to move out of Canada from the Oct12 (it is my third landing, in the first landing I spent only 5 or 7 days, second landing 146 days, remaining third landing 589 days ) till 12 May14 (date of my expiration card). So, for my first 5 years of residency I will not be able to meet residency requirements and there will be difference 25 days. What should I do? Should me wait for 25 days and apply when I will reach exactly 730 days? Somewhere Leon mentioned that immigration law can be changed, that really scared me, if they will change law to that time and all my days can burn out? Is it possibel that law can be changed within two years?
2. If my husband PR will be revoked at the Port entry can they revoke my PR as well? Can they ask him about family location and start sending questineries? Have you heard about such cases? Or it happends individually?
3. If he will loose PR officially, will they give him second time this chance, I heard from freinds that it can create alot of hassles and they can reject.I understood that better not to sponsor my husband untill I will not renew my PR, am I right?
4. After I will save my PR in 2014, how long should I wait for citizenship, they will look for 4 years history? Right? So means I will loose my days in 2010 and have to gain them again? Am i right?

Gentlemen, Thanks for your time and respond.