Need urgent info on Canada landing - URGENT

[sharat_joshi77]

Hello Senior members,

I have an urgent query.
I landed in Canada in Aug 2011, got my PR card and SIN card at that time.
Later, I came back to India and now I am travelling again on 21-June-2013 for good.

Is there any restriction for mr travelling again to Canada?
Do I have to get any additional documentation from Canadian consulate to travel?
My understanding is that once we have the PR card, we can travel in and out of Canada without any issues.

Please let me know if my understanding is correct?
If my understanding is not correct, please guide me on how to proceed.

Best Regards,
Sharat Joshi

 

[beholder69]

Hello,

You will have no problem entering, your PR card will have an expiry date on it, most likely 5 years from the time it was issued. Up to its expiry date, you will have no problem entering Canada. You will have to stay for a set time inside the country though if you wish to apply for citizenship later.

 

[Leon]

As per last reply, it is not quite accurate that you will have no problems entering until expiry. As a PR, you must meet the residency requirements of at least 730 days in Canada in your first 5 years as a PR and after that in any rolling 5 year period. It is up to you to keep track of your travel dates and proof of staying in Canada and you will need that when you apply to renew your PR card.

The residency obligation is an issue that usually comes up upon PR renewal but can also come up as you enter Canada. That is if you enter Canada and immigration knows or suspects that you are unable to meet the residency obligation for your first 5 years as a PR or for the past 5 years if you have been a PR for longer, the immigration officer can report you for it. They will still let you enter Canada but you would then have to appeal for your PR status either proving that the immigration officer was wrong and that you do meet the residency obligation or that you have mitigating circumstances like medical problems, taking care of a sick relative etc. If you lose the appeal, you lose your PR and will be asked to leave Canada.

However, because you can be outside Canada for up to 3/5 years, you shouldn't have a problem entering for at least the first 3 years of your PR because even if you haven't stayed in Canada, you still have 2 years that you could. Therefore, you landed in Aug. 2011 and want to return after almost 2 years so you still have 3 years left to meet the 2 years of residency requirements, therefore you shouldn't have a problem.

 

[fuad1980]

Thanks Leon for the nice explanation.

I am also planning to land in May 2014 to meet the visa requirements and then come back to my home country to wrap up things. After that I am planning to go back permanently to Canada on May 2016.

Regards,
Fuad

 

[beholder69]

Ah yeah, should have described it better but focused more on the fact the OP wouldn't have any problems since it's been less than 2 years that have passed and he said he was going back for good, so meant that there would be no problem for short breaks and re-entering but now see that could have been misunderstood for other, similar cases 8)

 

[sharat_joshi77]

As per last reply, it is not quite accurate that you will have no problems entering until expiry. As a PR, you must meet the residency requirements of at least 730 days in Canada in your first 5 years as a PR and after that in any rolling 5 year period. It is up to you to keep track of your travel dates and proof of staying in Canada and you will need that when you apply to renew your PR card.

The residency obligation is an issue that usually comes up upon PR renewal but can also come up as you enter Canada. That is if you enter Canada and immigration knows or suspects that you are unable to meet the residency obligation for your first 5 years as a PR or for the past 5 years if you have been a PR for longer, the immigration officer can report you for it. They will still let you enter Canada but you would then have to appeal for your PR status either proving that the immigration officer was wrong and that you do meet the residency obligation or that you have mitigating circumstances like medical problems, taking care of a sick relative etc. If you lose the appeal, you lose your PR and will be asked to leave Canada.

However, because you can be outside Canada for up to 3/5 years, you shouldn't have a problem entering for at least the first 3 years of your PR because even if you haven't stayed in Canada, you still have 2 years that you could. Therefore, you landed in Aug. 2011 and want to return after almost 2 years so you still have 3 years left to meet the 2 years of residency requirements, therefore you shouldn't have a problem.

Nicely said Leon.
Thanks. I am now a little but more confident about my situation.

 

[mounty]

Sharat, replied the same thing under your other threads. Anyway, same words of caution for you: Be sure that you have file taxes on your foreign income. I have a friend who left Canada and went back as PR. He was sent into secondary at Toronto Pearson Airport and was assessed taxes because he failed to file Canadian taxes while he was outside Canada. You might get away with it, but just be careful and have a safe journey back to Canada.

 

[sharat_joshi77]

Mounty,
I havefiled taxes in india for these 2 years.
Ihopethatshouldbefine...

Regards,
Sharat joshi

 

[fuad1980]

Sharat, replied the same thing under your other threads. Anyway, same words of caution for you: Be sure that you have file taxes on your foreign income. I have a friend who left Canada and went back as PR. He was sent into secondary at Toronto Pearson Airport and was assessed taxes because he failed to file Canadian taxes while he was outside Canada. You might get away with it, but just be careful and have a safe journey back to Canada.

Thanks for this important information. Is it possible to share some more information/link on Canadian Tax Rules?

 

[fuad1980]

Mounty,
I havefiled taxes in india for these 2 years.
Ihopethatshouldbefine...

Regards,
Sharat joshi

I think what Mounty was trying to tell is you need to file your tax return in Canada also.

 

[dbss]

I think what Mounty was trying to tell is you need to file your tax return in Canada also.

Don't you file taxes in Canada only if you a considered a resident of Canada..i mean you stay in a province for 183 days in a year?

 

[steaky]

Don't you file taxes in Canada only if you a considered a resident of Canada..i mean you stay in a province for 183 days in a year?

You can file non-resident taxes in Canada too, if you owe taxes in the year.