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PLEASE HELP!!! Returning PR with less than the RO 2/5

chuchay21

Full Member
Sep 15, 2010
24
1
Hi everyone. I need your advice especially those who have experienced this.

I am a PR in Canada since Oct 2010 but only only stayed in Canada for a week after landing then another few weeks a year after. I have been out for so long and stayed in US to work. Now that my US visa is expiring, I want to go back to Canada permanently. My PR card expires in May 2015 and my son's on 2018. Me and my son will be driving back to Canada. So, with only about 15 months left until my PR card expires, will I be denied entry to Canada by the border officer?

I hope that there is someone in here who experienced something similar to my case or anyone knowledgable who can give me advice. Thanks in advance.
 

lpc19800

Champion Member
May 21, 2013
1,288
114
Canada
Category........
Visa Office......
CPP-O
NOC Code......
1223
Job Offer........
Pre-Assessed..
App. Filed.......
January 14 2013
AOR Received.
February 24 2013
Med's Request
November 13, 2013
Med's Done....
December 5, 2013
Interview........
Waived: RPRF requested: November 13, 2013
Passport Req..
Visa exempt
VISA ISSUED...
January 6, 2014
LANDED..........
January 29, 2014
Pls clarify - do you mean your card expires in May 2015 or may 2016?
Either way I believe you will get into the country. But you will need to wait it out until you meet requirements before leaving again.
Seniors please correct me if I'm wrong
 

CanV

Champion Member
Apr 30, 2012
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chuchay21 said:
Hi everyone. I need your advice especially those who have experienced this.

I am a PR in Canada since Oct 2010 but only only stayed in Canada for a week after landing then another few weeks a year after. I have been out for so long and stayed in US to work. Now that my US visa is expiring, I want to go back to Canada permanently. My PR card expires in May 2015 and my son's on 2018. Me and my son will be driving back to Canada. So, with only about 15 months left until my PR card expires, will I be denied entry to Canada by the border officer?

I hope that there is someone in here who experienced something similar to my case or anyone knowledgable who can give me advice. Thanks in advance.
How does your card expires in 15 months when you landed in October 2010? Did you not receive your card shortly after you landed?

You can drive back, you will be allowed in with small chance of being reported for not meeting RO. You will get the chance to appeal if you get reported. There is nothing you can really do now other than try and see what happens.
 

chuchay21

Full Member
Sep 15, 2010
24
1
lpc19800 said:
Pls clarify - do you mean your card expires in May 2015 or may 2016?
Either way I believe you will get into the country. But you will need to wait it out until you meet requirements before leaving again.
Seniors please correct me if I'm wrong
I'm sorry about the date. It's May 2016...
 

chuchay21

Full Member
Sep 15, 2010
24
1
CanV said:
How does your card expires in 15 months when you landed in October 2010? Did you not receive your card shortly after you landed?

You can drive back, you will be allowed in with small chance of being reported for not meeting RO. You will get the chance to appeal if you get reported. There is nothing you can really do now other than try and see what happens.
Yup, I didn't get it right away. It took them a while to send it. I am just nervous of them not allowing me to enter the country because of that.
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
chuchay21 said:
Yup, I didn't get it right away. It took them a while to send it. I am just nervous of them not allowing me to enter the country because of that.
As a PR you can't be refused entry to Canada. You are guaranteed to be allowed to enter no matter if you are meeting residency obligation or not.

HOWEVER if CBSA reports you at border for not meeting RO, you are still allowed to enter but then later in Canada you will be requested to attend a hearing with CIC to determine if they will revoke your PR status.

If you make it into Canada without being reported, then you should prepare to stay in Canada 2 straight years without leaving even once, in order to renew your PR card.
 

chuchay21

Full Member
Sep 15, 2010
24
1
Rob_TO said:
As a PR you can't be refused entry to Canada. You are guaranteed to be allowed to enter no matter if you are meeting residency obligation or not.

HOWEVER if CBSA reports you at border for not meeting RO, you are still allowed to enter but then later in Canada you will be requested to attend a hearing with CIC to determine if they will revoke your PR status.

If you make it into Canada without being reported, then you should prepare to stay in Canada 2 straight years without leaving even once, in order to renew your PR card.
Thank you for that. I still have this nervous feeling of being denied entry. I hope there isn't going to be much questioning in the border.
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
chuchay21 said:
Thank you for that. I still have this nervous feeling of being denied entry. I hope there isn't going to be much questioning in the border.
Unless they suspect you of being a terrorist or if you committed serious crimes in some other country, then as a PR you are 100% guaranteed entry into Canada. It is your right as a PR, same as a citizen. As I said, the only question is if you're reported for not meeting RO, but either way you must be allowed entry to Canada.
 

chuchay21

Full Member
Sep 15, 2010
24
1
Rob_TO said:
Unless they suspect you of being a terrorist or if you committed serious crimes in some other country, then as a PR you are 100% guaranteed entry into Canada. It is your right as a PR, same as a citizen. As I said, the only question is if you're reported for not meeting RO, but either way you must be allowed entry to Canada.
Thank you so much for the reassurance. :)

I have another question, if you don't mind. Do they ask for the address where we will be staying? Do I have to provide an address of a home (like a friend or relative) or is the address of the hotel we will be staying at good enough? We'll be staying at a hotel while looking for an apartment.

By the way, how would I know if I got reported or not?
 

CanV

Champion Member
Apr 30, 2012
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chuchay21 said:
Thank you so much for the reassurance. :)

I have another question, if you don't mind. Do they ask for the address where we will be staying? Do I have to provide an address of a home (like a friend or relative) or is the address of the hotel we will be staying at good enough? We'll be staying at a hotel while looking for an apartment.

By the way, how would I know if I got reported or not?
You dont have to provide anything. Address is normally asked when someone is a visitor, not a permanent resident. You have to understand you are not a visitor, you are a PR and you enter Canada by right, not admission.
 

dpenabill

VIP Member
Apr 2, 2010
6,435
3,183
CanV said:
You dont have to provide anything. Address is normally asked when someone is a visitor, not a permanent resident. You have to understand you are not a visitor, you are a PR and you enter Canada by right, not admission.
"Where do you live?" is perhaps one of the most common questions asked by the PIL officer at the POE. This includes questions asked of PRs and citizens as well. Usually the name of the city is sufficient, although perhaps name of province will work as well (I have always answered the question, including the dozen or so times I was asked it when I was a PR, by simply naming the city where I live).

The range of questions which can be asked of an individual seeking entry into Canada, including citizens as well as PRs, is very broad.

It is correct, once the POE officers are satisfied that a returning PR has established his or her identity and status as a PR, and otherwise has cleared customs, the PR is entitled to enter Canada. Thus, for example, a returning PR can answer enough questions to accomplish that and then refuse to answer more questions, such as declining to give detailed answers to questions about compliance with the Residency Obligation. But that is largely a recipe for instigating further scrutiny, a delay while various checks are run to fully confirm identity and status, followed by a referral to the local CIC office for a follow-up investigation.

If a returning PR who has said he or she is living in Canada is then asked to give a current residential address in Canada, that is of course a question relevant to confirmation of identity (similar to questions about employment), and needs to be answered truthfully.

The job of border officers is multifaceted and goes well beyond the scope of confirming identity and status, ranging from customs to security concerns. They have quite broad investigative powers in order to carry out those duties.

Not a good idea to give them the idea you are hiding something or to otherwise behave in an uncooperative manner. An inconvenient, brief delay and intrusion can slide into an unpleasant and lengthy one, if not a profoundly probing one.
 

chuchay21

Full Member
Sep 15, 2010
24
1
Thank you everyone for the responses and advice. I will also update this thread of my experience. Thanks again! ;)
 

tanya1975

Member
Jun 24, 2009
14
0
Hi, actually have the same problem... The only important question is how will I know if immigration officer will report that RO were not met. So we plan to enter canada 12 month until PR card expires and stay inside for 2-3 years in order to renew it. So it's very important to understand at the beginning if it was reported or not . Then if there is no chance to keep PR status it's better to stay at home country. Thanks
 

Leon

VIP Member
Jun 13, 2008
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tanya1975 said:
Hi, actually have the same problem... The only important question is how will I know if immigration officer will report that RO were not met. So we plan to enter canada 12 month until PR card expires and stay inside for 2-3 years in order to renew it. So it's very important to understand at the beginning if it was reported or not . Then if there is no chance to keep PR status it's better to stay at home country. Thanks
If you get reported, they will give you paperwork and tell you that you have 30 days to appeal. If you choose not to appeal, you can go home again. If you appeal, you may stay in Canada and keep your PR status during the appeal processing which can take up to 1-2 years.
 

tanya1975

Member
Jun 24, 2009
14
0
Thank you very much for quick reply. That's clear now. Some more questions ... 1).so if we somehow avoid such report we can live 730 without risk that PR status will be revoked ( during PR renewal process)? 2) In order to avoid such report, could be an option to enter CA from US by land? Or there is the same risk?
Thanks.