PR non compliance reported

[Ossie]

I was reported at the Canadian airport border last week for not staying for 730 days when I was travelling in with a valid PR card which expires in Jan 2013.

I was called the next day for a review at the airport and the border authorities have asked me to submit all documents and the form on how many days I have spent in Canada. The reporting officer stated 500 days but I have only 250 days on my passsport stamp.

I have moved my family to Canada three months ago. I have a job here, a leased home and my younger son is studying in Canada. My elder son has applied for admission to the University and already given up his education in the US and was travelling in with me last week he is 19 and has spent only one month in Canada.

My question is if they cancel my PR card and ask me to leave does that impact the ability of me and my family to get visas to other countries iand Canada in the future as my son was studying in the US, is it viewed as a deportaton. What should I do now go and request on humanitarian grounds for PR extension or should I leave the country and not go back to the authorities. Should I send my son back and try and appeal for extension can I bring him back in the summer if that works or will that reduce myc hances for the extension?

 

[Leon]

If the rest of your family did not get reported, they can stay, at least for now. If they stay for 730 days without leaving, they meet the residency requirements again and can apply to renew their PR cards. Did your son get reported as well?

When you did get reported, how did it come about? Did you admit to them that you don't meet the residency requirements? Did you give any reasons?

When you appeal for your PR, you should try to show that you had H&C reasons for not being able to meet the residency requirements. Such reasons could be taking care of sick parents or other family members. Staying outside for a job is not really a good reason.

If your son got reported as well, he has a pretty good chance of keeping his PR by saying that he was removed from Canada as a minor by his parents and he is now returning first chance after reaching the age of majority.

You should read the manual on PR residency status determination at http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf You can find many other manuals at http://www.cic.gc.ca/english/resources/manuals/index.asp and some of them may help as well.

In the manual for removal orders at http://www.cic.gc.ca/english/resources/manuals/enf/enf03-appC-eng.pdf you see that loss of PR due to residency requirements results in a departure order, not a deportation. As long as you leave in the next 30 days after you get your departure order, it will not come to a deportation, so it should not affect your ability to get a visa to other countries in the future.

 

[Msafiri]

I was reported at the Canadian airport border last week for not staying for 730 days when I was travelling in with a valid PR card which expires in Jan 2013.

I was called the next day for a review at the airport and the border authorities have asked me to submit all documents and the form on how many days I have spent in Canada. The reporting officer stated 500 days but I have only 250 days on my passsport stamp.

I have moved my family to Canada three months ago. I have a job here, a leased home and my younger son is studying in Canada. My elder son has applied for admission to the University and already given up his education in the US and was travelling in with me last week he is 19 and has spent only one month in Canada.

My question is if they cancel my PR card and ask me to leave does that impact the ability of me and my family to get visas to other countries iand Canada in the future as my son was studying in the US, is it viewed as a deportaton. What should I do now go and request on humanitarian grounds for PR extension or should I leave the country and not go back to the authorities. Should I send my son back and try and appeal for extension can I bring him back in the summer if that works or will that reduce myc hances for the extension?

Answers to the following questions if ok with you will clarify your chances of success at challenging the report.

1. What date did you get your PR?
2. How many days of physical presence did you have in Canada for the 5 year period prior to the entry when you got reported?
3. Is your spouse in Canada and do they have PR?
4. How long has your spouse held PR?
5. Does your spouse work in Canada?
6. How long have your dependent children held PR?
7. What was the reason for your absence from Canada?
8. Was this absence in your home country or a third country where you have no long term work/residence rights?

 

[Ossie]

Leon - thanks a lot for your feedback extremely helpful appreciate it and enjoy the holidays. A quick clarification the reporting officer has reported that I Stayed for 510 days and given me a form to complete and submit of how many days I stayed going through the passport stamps I add up to 250 days which I beleive is more accurate. What should I report out can I get a detailed stay record from anysource it is complicated as I have more than 30-40 entry and exit stamps due to work reasons in Canada.

Msafiri - answers to the questions you raised
What date did you get your PR?
2. How many days of physical presence did you have in Canada for the 5 year period prior to the entry when you got reported?
3. Is your spouse in Canada and do they have PR?
4. How long has your spouse held PR?
5. Does your spouse work in Canada?
6. How long have your dependent children held PR?
7. What was the reason for your absence from Canada?
8. Was this absence in your home country or a third country where you have no long term work/residence rights?

1-Jan 2008- valid tilll Jan 2013
2- answered above
3- Yes Yes
4- May 2008 - to date
5- No Presently seeking a job
6-same period as me
7-I had a job for US and Canada and family was based there and had to travel back
8- Yes I have no rights in the US and was a temporary worker which i have quit and taken up a job in Canada now with a canadian company at the first opportunity I could get

 

[Msafiri]

1,2 - You need to have 730 days of physical presence in Canada in the 5 years from Jan 2008 - Jan 2013 in order to meet the Residence Obligation (RO). I'm curious how the CBSA agent got such a signifcant difference in days to your calculation unless he/she had access to other information that you did not. Did he/she calcuate the days in your presence?

You can get records of your entries into Canada with an ATIP request to CBSA. For US entries/exits contact CBP...check their respective web sites they have info on how you do this. On the basis that your travel was just between US and Canada then you can determine number of days in Canada from the CBSA and CBP records. The records may take anywhere from 30 to 80 calendar days to get to you. Further evidence of your presence in Canada would be proof of billing for medical services provided to you including appointments with a doctor, any lab work, dentists etc since you have to be in Canada to avail of such services. CBSA will often disregard bank statments and other passive indicators of residence - after all you can give a relative your bank card to carry out transactions while you are outside Canada.

Did you file taxes with CRA?

3, 4, 5 - This would identify if your PR spouse was established in Canada and could sponsor you if an appeal to the report fails. Your spouse would need to meet the Residence Obligation and be residing in Canada during the sponsorship. As it appears your spouse has only recently re-etnered Canada she would not be able to sponsor you at this time.

6 - Would be considered in H&C reasons at appeal but as have hardly been in Canada so will not count in your case. As per Leon your dependents will not be affected by you being reported unless you got PR through the Investor Programme with them as your dependents. They should not leave Canada or apply for PR Card renewal until they meet the RO.

7, 8 - Case law has repeatedly found being absent from Canada for employment reasons is a personal choice and is almost always disregarded for H&C reasons. Many PRs remain in Canada and find employment...why could you not have done the same is what CIC will be stating to the judge.

What does the form the CBSA agent gave you state i.e. is there a form number? Did the paperwork clearly mention a report under Sec 44 of the IRPA? Is there mention of a right to appeal and how to do this?

You have 30 days to appeal so you need to be careful that CBSA are not using up this timeline with the 'information collection' they have asked you to get.

Out of curiosity how did the issue of your absences arise at the airport? What did the CBSA agent ask you and how did you answer that triggered the no. of days review?

 

[st100281]

I agree that only leaving Canada for job reasons will not count as a Valid H & C reasons ...... hows about if the person has 02 Canadian born kids and 01 PR kid, all under 06 years age, living in Canada ..... in that case will IAD not consider the best interest of children and give another change to their PR father who did not comply with RO due to job outside Canada ??? Can some one tell, what usually happens in appeals in such cases.

 

[Leon]

In some cases immigration has decided that whole PR families should return back to their countries, for example in cases where the parents are entrepreneurs and did not meet their entrepreneur requirements.

In his case, his position would be stronger if the rest of his family would meet the residency requirements. However, it sounds like none of them do. He should hope that him being examined does not result in the rest of his family also being examined. If they are not, they can stay for 2 years and then apply to renew their PR cards. If he loses his appeal, he would lose his PR but his wife can sponsor him back once she meets the requirements herself.

 

[habartani]

hey msafiri ,

i have a question , i have applied for PR under the category of PP, since april this year .
the thing is whenever i go to check application status i dont find any imformation.
i dont know if they received my application or not . . . i'm stranded here.
thankyou.

 

[Ossie]

@ Leon
Thanks for your responses.
Few more clarifications.

1. Yes my son got reported. Do I need to submit a seperate appeal for his case? They have not summoned him to the magistrate's office.
2. You mentioned that there is a chance of my son getting the PR on the grounds that this is his first entry as an adult. Have you seen or heard of such cases before?
3. No my family do not meet residency requirements, they moved to Canada only in Sep 11. What are the chances of them not being issued a removal order?
4. In your experience of such cases, how do you read my case? What are the chances of getting approved on H&C grounds?

 

[Leon]

I have heard of such cases as your son being allowed to keep their PR based on having been removed from Canada by a parent. He should appeal separately.

Your chances of winning an appeal on H&C grounds depends on if you have any. If you were nursing your dying relative for the past few years and for that reason could not meet the requirements and you can prove this, you would have a strong case on H&C grounds. If you were outside Canada because you did not want to leave your job, you would have a very weak case.

 

[Chinapeach]

I agree that only leaving Canada for job reasons will not count as a Valid H & C reasons ...... hows about if the person has 02 Canadian born kids and 01 PR kid, all under 06 years age, living in Canada ..... in that case will IAD not consider the best interest of children and give another change to their PR father who did not comply with RO due to job outside Canada ??? Can some one tell, what usually happens in appeals in such cases.

Well i can tell you who ever reviews our case didn't think so. My husband was denied even though i'm Canadian and we have a 2 and 3 year old ( also Canadian). He can't get in the country to even see us right now. It even says that under H&C they did not feel it was teh best interest of the children for him to retain his PR card.