Please share the experience who stayed 4 years outside canada and returned back without any issue.
- Thread starter Superboy
- Start date
Yes you will be allowed to enter and have the opportunity to appeal but without H&C reasons it is pointless. Of course you will be able to return to your home country. The date on your PR card is not what counts. It is 730 days within 5 years of the landing date.
No there won’t be a problem. You won’t be able to leave Canada during that time and can’t sponsor anyone either.
Lying to customs when it is very easy to prove that you haven’t been n Canada is an easy way to not get any sympathy from CBSA. You lie, you are more likely to be reported for lying.
Are you asking about the consequences for making a misrepresentation to CBSA officers in the process of applying for entry into Canada?
Or are you asking what is the probability that a returning PR long in breach of the PR Residency Obligation will get caught making a misrepresentation to CBSA officers in the process of applying for entry into Canada?
Of course the difference is huge. Many, many people at least fudge some answers at a PoE without triggering formal misrepresentation proceedings. What many of those who think they got away with it likely overlook is that even if the examining officer does not overtly confront the traveler about making a misrepresentation, the officers recognize and perceive evasive and outright deceptive answers many if not most times, and that perception or suspicion influences how things go . . . again, even though the border official does not explicitly address the issue of misrepresentation.
Moreover, in terms of the odds, it is readily apparent that as soon as the client number is entered (via keyboard or document swipe), that pulls up the traveler's records on the officer's monitor, and the officer has access to a range of information which will help the officer evaluate the traveler's answers to questions, including answers about previous time in Canada. At the PIL (primary inspection line) this is what can trigger a referral to Secondary, and in Secondary the examining officer can and is more likely to access the records more extensively. The scope of information readily accessed has steadily increased over the years, and the technology has enabled officers to access the information more quickly. All of which is to say that whatever the chances of getting away with lying at the PoE were in the past, the odds of getting caught are increasing . . . and of course the bigger the discrepancy, the more likely an officer will spot it and the more likely it will trigger negative action.
As for the consequences, there is a huge range what can happen due to making a misrepresentation at the PoE. As already noted, officers might not even verbally address it let alone focus on it, BUT it could still influence their decision-making and what happens next. Actual impact can range from triggering more questions to resulting in a perception of deception having a negative impact on the traveler's credibility which in turn negatively influences the decision-making, or the misrepresentation could trigger a formal investigation the result of which can range from simply a black-mark on the traveler's record to full blown criminal prosecution and deportation proceedings (actual deportation to take effect after a sojourn in secured public housing, the kind of housing with bars on the windows but not many windows). The latter, the more extreme consequence, does not appear to happen often. Past examples in which there was full blown prosecution, including criminal charges and loss of PR status, include cases involving more obviously intentional efforts to deceive, such as PRs who have entered forged/fake stamps in their passport to make it appear they exited and returned to a country where they were living abroad, so they could refer to those stamps as times they traveled to and stayed in Canada.
Overall, in general, it is likely that in the last decade Canada has investigated and taken action in more immigration related fraud cases each year than it did in an entire decade previously. That is, interdiction, investigation, and enforcement are all way up from how it was in the not so distant past.
It is highly probable that you should be ok at PoE. You may get a warning telling you about breach of RO. The worst can happen if you try to misrepresent or lie to the officer and your probability of being caught is more, as dpenabill said with your client id they have access to lot more info than you can imagine. Just answer what is asked truthfully.
Thanks both of you for replying .....
I have briefed more or less same thing to her but i couldn't find exact answer to her question that "How would they know that i was not inside Canada when there was no exit stamp on passport and she never traveled out of her country in last 3 years? " .
Thanks again for replying .
well for once unless she left Canada by land border, there is a flight ticket records.
Secondly, one thing that is done before boarding plane is, that you passport does go through at least 1 scan (usually several scans).
Next, when arriving to Canada your answers (even verbal) will go on your file (and yes you have to fill in landing card).
So what do you think will happen, when such person will apply for a new PR card (even after 2 years). All those records will be pulled out and compared. with that he is claiming now.
The US and Canada share information on 3rd country citizens who cross by land border, so this means in this case that the US CBP would tell CBSA that she left Canada.
yes that is correct. The only difference is, that they will not be on flights records from Canada.