Outland Application - Failure to land in specified time

[VermiciousKnish]

What happens if you do not land in time and your landing documents expire? Do you have to start the application again from scratch? What if spouse makes trip in to Canada specifically for landing purposes but is not ready to move to Canada? Can they enter Canada to land and then immediately leave back to their home country in order to get all their belongings in order?

I understand that as long as they are in Canada for 2 of the next 5 years from the landing date, they can keep their PR. Are there any other restrictions? Spouse in this instance anticipated graduating from University by this point in the USA but as it turns out, they need another year of school to finish graduate program. COPR expires in late August of 2016 but spouse does not want to officially move back to Canada until they finish masters program in summer of 2017. Will this be a problem?

 

[CDNPR2014]

1. yes, you'll have to start from scratch if not landed by the expiration date.
2. yes, a person can do a "short landing" and leave canada until they are ready to settle permanently (keeping in mind the residency requirements - if the sponsor is a canadian citizen and lives with the applicant outside the country, then that time will still count toward RO).

3. the only other restriction a person may have is the "condition 51" which requires the applicant to live with their sponsor for 2 years after landing. just like above, if the sponsor is a canadian citizen, the couple can be living anywhere in the world. If the sponsor is a PR and they live apart within this time, then they are in violation of the condition. whether CIC will do anything about it depends on whether it's reported. If it's not reported, then most likely CIC would never know.

4. yes it's possible to land as a PR now, leave canada and return in 2017 as a PR. If the sponsor is a canadian citizen, it's best for them to live with the PR. if the sponsor is a PR, then anytime away from canada during this time will not count toward the residency requirement or condition 51.

 

[Rob_TO]

I understand that as long as they are in Canada for 2 of the next 5 years from the landing date, they can keep their PR. Are there any other restrictions? Spouse in this instance anticipated graduating from University by this point in the USA but as it turns out, they need another year of school to finish graduate program. COPR expires in late August of 2016 but spouse does not want to officially move back to Canada until they finish masters program in summer of 2017. Will this be a problem?

It's possible to do this, but they should not mention this to CBSA officer when doing landing.

There was a case here almost identical to this. Either applicant or sponsor needed to finish additional schooling in the US, so told the CBSA officer upon landing they would be going back to USA immediately to finish school. The CBSA officer denied the landing, cancelled COPR, and told them to re-apply for PR from scratch when they are actually ready to move to Canada after school is done in USA.

 

[VermiciousKnish]

Well thanks for the heads up fellas.

 

[bassix]

Don't lie to CBSA. If they find out they will send you back and you could be in a worse situation.

Never a good idea to lie to a border security agent especially in this day and age.

Could the PR not transfer to another university here in Canada and finish graduate program here? Lot's of credible universities in Canada.

 

[Rob_TO]

Don't lie to CBSA. If they find out they will send you back and you could be in a worse situation.

Never a good idea to lie to a border security agent especially in this day and age.

Could the PR not transfer to another university here in Canada and finish graduate program here? Lot's of credible universities in Canada.

It's not lying if they don't specifically ask your plans on what you intend to do after you land in Canada. And in practically all cases, they won't ask.

You are not required to tell your life story to CBSA when you talk to them. You can give as little info as you want, but answer honestly if they ask a direct question.

 

[bassix]

It's not lying if they don't specifically ask your plans on what you intend to do after you land in Canada. And in practically all cases, they won't ask.

You are not required to tell your life story to CBSA when you talk to them. You can give as little info as you want, but answer honestly if they ask a direct question.

I agree. I guess if they don't ask you are not lying.

CIC indicates the following important disclosure on their web site concerning Conditional Permanent Residence:

"As of October 25, 2012, CIC introduced amendments to the Immigration and Refugee Protection Regulations. The amendments specify that spouses, common-law or conjugal partners who are in a relationship with their sponsor for two years or less and have no children in common with their sponsor at the time of the sponsorship application are subject to a period of conditional permanent residence. The condition requires the sponsored spouse or partner to cohabit in a conjugal relationship with their sponsor for a period of two years after the day on which they became a permanent resident. The conditional measure only applies to permanent residents whose applications are received on October 25, 2012, or after the day that the amendments come into force."

I'm not sure if the author of the post has been in the relationship more than two years (living together) and they have no children. They didn't specify.

It sounds like the PR would be conditional in that case.

 

[VermiciousKnish]

I'm not sure if the author of the post has been in the relationship more than two years (living together) and they have no children. They didn't specify.

It sounds like the PR would be conditional in that case.

The fellow in question has been married for longer than 2 years and has a child with the sponsor. He is just not sure exactly when he will land as he still has business to take care of in the USA.