PR card and border agency issue

[silly]

Hi Everybody, I need some informations if any body can update me.

My PR card will expire next year and uptill now I spent 8-9 months out of 3 & half year. However my family has completed more than 3 years and they have applied for Canadian passport last year. This time the immigration/border ageny questioned me too much and gently warned me that my PR card can be confiscated if they think I can not complete 2 year in this year and coming year.
I am now afraid that when I go back for my middle east job and on returning to Canada, may be I will be sent back though my PR card has still one and half year to expiry. I have purchased home here and my family is worried as it is difficult to quit my middle eastern job as I could not find suitable job here in Canada.

Kindly guide me whether the immigration can confiscate my PR card before expiry while my whole family reside here, what is the legal ways for me.

Regards

 

[keesio]

This time the immigration/border ageny questioned me too much and gently warned me that my PR card can be confiscated if they think I can not complete 2 year in this year and coming year.

This is true. If you leave again and then stay out of the country long enough so that it is impossible for you to fulfill your 730 day requirement in 5 years, they can deny you entry when you try to return to Canada and report you so that you will lose your PR status... even if you PR card did not expire. While there is a chance that the immigration official will let you in and not report you, it is unlikely because they gave you a warning this time and most likely flagged you so that it will come up in the system next time you try to enter.

You are taking a big risk with your PR status if you leave Canada for any decent length of time.

 

[zardoz]

This is true. If you leave again and then stay out of the country long enough so that it is impossible for you to fulfill your 730 day requirement in 5 years, they can deny you entry when you try to return to Canada and report you so that you will lose your PR status... even if you PR card did not expire. While there is a chance that the immigration official will let you in and not report you, it is unlikely because they gave you a warning this time and most likely flagged you so that it will come up in the system next time you try to enter.

You are taking a big risk with your PR status if you leave Canada for any decent length of time.

They can make your life "interesting" at the border, but they CAN'T deny you entry under these circumstances. http://www.cic.gc.ca/english/resources/manuals/enf/enf04-eng.pdf - Section 11

 

[Hasher]

Hi Everybody, I need some informations if any body can update me.

My PR card will expire next year and uptill now I spent 8-9 months out of 3 & half year. However my family has completed more than 3 years and they have applied for Canadian passport last year. This time the immigration/border ageny questioned me too much and gently warned me that my PR card can be confiscated if they think I can not complete 2 year in this year and coming year.
I am now afraid that when I go back for my middle east job and on returning to Canada, may be I will be sent back though my PR card has still one and half year to expiry. I have purchased home here and my family is worried as it is difficult to quit my middle eastern job as I could not find suitable job here in Canada.

Kindly guide me whether the immigration can confiscate my PR card before expiry while my whole family reside here, what is the legal ways for me.

Regards

The Canada immigration program says "you cannot have a cake and eat it too". You have to make a choice between your Canadian immigration and your middle east job. You have many options in your hand, but it depends what you think best for yourself,

since your family/ spouse completed the required time in Canada and soon (hopefully) they would be Citizen, you have option to continue your job and ask your spouse to join you in middle east once become citizen and stay with you, so you can always have your PR status and RO met.

You quit the job now and join the family and once your spouse become citizen you can try to re-apply for middle east job, in this way you would have some struggle in earning but you are also giving yourself and Canada immigration a fair chance of searching job in Canada.

Let yourself reported, PR status revoked and once all immigration status over your spouse can still sponsor you again, but make sure now in such cases immigration would like to see your middle east visa cancelled and job resignation letter.

Last of all, quit middle east job and plan to stay forever in Canada with your family, enjoy the little struggle of life (usually at initial phase) and if you have some saving start your own business here for living and search job parallel. Life could be wonderful here if have some patience, management, courage and will to live.

Choice is yours


regards

 

[torontosm]

Kindly guide me whether the immigration can confiscate my PR card before expiry while my whole family reside here, what is the legal ways for me.

Immigration can definitely revoke your PR (i.e., "confiscate your PR card") if you do not meet the residency obligations, regardless of where your family lives.

 

[keesio]

They can make your life "interesting" at the border, but they CAN'T deny you entry under these circumstances. http://www.cic.gc.ca/english/resources/manuals/enf/enf04-eng.pdf - Section 11

They CAN report you though. At least I've been told this.

 

[zardoz]

They CAN report you though. At least I've been told this.

Yes, but that is the very start of the process. Once reported, they must let you enter. They cannot bounce you at the border until you have finally, formally, been deprived of PR status.

11.1. Rights of permanent residents
A27(1) provides that a permanent resident has the right to enter and remain in Canada subject to
the provisions of the Act.
A19(2) requires an officer to allow a permanent resident to enter Canada if satisfied following an
examination on their entry that they have that status.
Permanent residents who are under enforcement proceedings keep their permanent resident
status and retain the right to enter Canada until a final determination of their loss of status has
been made.

11.4. Investigating permanent residents for inadmissibility
When a permanent resident appears at a POE for examination, the BSO must determine whether
the person is a permanent resident.
BSOs must remain cognizant of the fact that the Act gives permanent residents of Canada the
right to enter Canada at a POE once it is established that a person is a permanent resident,
regardless of non-compliance with the residency obligation in A28 or the presence of other
inadmissibilities.
BSOs can refuse entry to a permanent resident only when the person has already lost the status
in accordance with the provisions of A46 (such as a final determination has been made that they
have failed to comply with the residency obligations or when a removal order comes into effect).
In other words, once a permanent resident’s status is established, the person may enter Canada
by right and the immigration examination under IRPA concludes.

 

[silly]

;DThanks to all for the their comments.
What I understand from this discussion, that BSOs can argue and questions me to any extent but under the rules they can not bounce me back upon my next entry.In certain circumstances if a PR card holder is involved in crime or some illegal matters then he or she can be bounced back from POE but in clear person I hope they will not be so rough.

However if BSOs warn you in writting and ask to sign a documents which clearly state the the PRcard holder has been informed of confiscation of PR card and later on decision has been done on that case then you can not enter Canada, and ,I am not at that stage right now.

If any member can correct me or further help me , I will still appreciate him.
Once again I am thankful to all.Further suggestions will also be appreciated.
Regards

 

[Leon]

Right, they can certainly report you for not meeting the RO and you would have to appeal this unless you want to lose your PR status. However, your grounds for an appeal are very weak so you will almost certainly lose it, especially if you don't stay in Canada for the duration of the appeal because you will go back to your job.

If you do get reported, you might as well not fight it and let them cancel your PR. Because your spouse is in Canada and your spouse meets the RO, she can sponsor you for PR status again.

 

[silly]

How I will know for sure that I have been reported ? Will I receive some official notice .

Alternatively, if I suppose, I have been reported, so can I lodge an appeal now and where can I lodge an appeal ?

Or shall,I wait for some official notice of been reported for PR card?

Regards

 

[Leon]

How I will know for sure that I have been reported ? Will I receive some official notice .

Alternatively, if I suppose, I have been reported, so can I lodge an appeal now and where can I lodge an appeal ?

Or shall,I wait for some official notice of been reported for PR card?

Regards

If you did not get any official paperwork or were told to come back for an interview, then you were not reported.

 

[silly]

Dear All. I need further informations .

My family including wife and childrens have already applied last year for Citizenship. However I did not apply bcos I could not completed the RO
for renewal of PR Card.My PR Card will expire next year in August 2015.I am Physician and work outside canada to financially support my family.
I passed few canadian Medical exames and the remaining are awaited and i am sure that even passing the rest of exame,I will not find job.
I do not want to loss my profession, and do not want to work odd job in canada.I pay Taxes regularily, have valid tenancy contract in Canada.
I am also planning to buy house in Canada for family.

So what factors can help me to renew PR Card.I need to visit my family twice or thrice a year.Can the PR card be renewed.Or I will applly for
visit visa for family.Or my wife ( if she obtain Canadian Passport ) can help me for PR Card or Citizenship.

Best Regards

 

[zardoz]

You do realise that the PR card/status is not just a glorified visitor visa? You are supposed to be residing in Canada.

While you are still a PR, you are not eligible for ANY form of Canadian visa. You cannot renew your card if you don't meet the RO, and you won't easily get a PR Travel Document to return either. If you lose your PR status, your wife can sponsor you again. That is all she can do. Her potential citizenship status will not protect you if she is not living with you outside Canada.

 

[Msafiri]

As per advice:

1. The only useful thing you can do to help renew your PR Card is to meet the RO which requires your physical presence in Canada. Since you have made a lifestyle choice to be outside Canada then you will eventually get reported especially as you've been flagged up already at entry or when your PR Card expires/ gets lost and needs renewing/ replacing. If you get bounced at the border you will be issued a removal order right away. You have 30 days to leave Canada or appeal it but the appeal will be moot as the IAD doesn't entertain lifestyle reasons as valid for absences. All appeals do in situations such as your is buy time for the PR to have limited 1 year validity PR Cards enabling back and forth travel which just adds a negative to your appeal.

2. If you apply for a TD you will also get refused and you have 60 days to appeal..ditto IAD process.

3. If and when your spouse acquires Citizenship and then resides with you outside Canada then you can count those days as if they were 'In Canada' days as per the current legislation.

What you really need long term in the period between PR card expiry and the accompanying citizen possibility is a multiple entry visitor visa since all you are doing is visiting not living in Canada.

 

[meyakanor]

3. If and when your spouse acquires Citizenship and then resides with you outside Canada then you can count those days as if they were 'In Canada' days as per the current legislation.

After his wife acquires Canadian citizenship, wouldn't it be technically possible for her to live together with him outside of Canada for two years, and bring back his PR in good standing? At this point, OP can then apply for a Canadian travel document to return to Canada. This is provided, of course, that OP would lay low for the next three or four years, and only attempt to return to Canada after living two years with his (Canadian) wife.