PR obligation.. Advice please...

[dpenabill]

Since I have gotten in the mode of reporting some recent PR RO cases, it may be worthwhile citing the March IAD Dakir decision, published at http://canlii.ca/t/grph2

The reason for citing this decision is that the extent to which the PRs (this involved a whole family of four) were settled in Canada after they were issued Departure Orders (pursuant to PoE examinations at the Montreal Airport) was a big, positive factor in the decision to allow these PRs to retain their PR status.

Reminder/clarification: Time in Canada after a Removal or Departure Order has been issued does NOT count toward compliance with the PR Residency Obligation. However, the positive weight given time in Canada after the Departure Order can be, as it was here, considered in weighing H&C reasons.

Note: appears that I need to revise my frequent reference to these appeals taking one to three years. This is another appeal which took four plus years. And where the IAD panel is giving positive weight to being settled in Canada during this period of time, the time it takes, the longer it takes, is indeed of much significance for many PRs in similar circumstances.

 

[RAAN]

Hi

We are PR since 2011; but my husband has not resided here continuously as he did not find a suitable job. He's been coming to Canada on and off but has not been able to meet the residency obligations in order to be able to renew his PR card which is due to expire in October this year.

He's planning to come to Canada for a short visit next month. Will he have any issues entering Canada (his PR will expire only in October this year)?

As for PR renewal, what are his chances of being allowed to renew it when he hasn't met the residency obligations? Can he attempt to renew it when he comes here next month?

Please advise. Thanks!

 

[torontosm]

Hi

We are PR since 2011; but my husband has not resided here continuously as he did not find a suitable job. He's been coming to Canada on and off but has not been able to meet the residency obligations in order to be able to renew his PR card which is due to expire in October this year.

He's planning to come to Canada for a short visit next month. Will he have any issues entering Canada (his PR will expire only in October this year)?

As for PR renewal, what are his chances of being allowed to renew it when he hasn't met the residency obligations? Can he attempt to renew it when he comes here next month?

Please advise. Thanks!

If your husband hasn't met the RO requirements, then he may be reported upon his arrival. Even if he isn't, he should not try to renew his PR card as he isn't eligible to do so.

 

[dpenabill]

Hi

We are PR since 2011; but my husband has not resided here continuously as he did not find a suitable job. He's been coming to Canada on and off but has not been able to meet the residency obligations in order to be able to renew his PR card which is due to expire in October this year.

He's planning to come to Canada for a short visit next month. Will he have any issues entering Canada (his PR will expire only in October this year)?

As for PR renewal, what are his chances of being allowed to renew it when he hasn't met the residency obligations? Can he attempt to renew it when he comes here next month?

Please advise. Thanks!

How it goes at the PoE, upon arrival, can vary considerably for PRs not in compliance with the PR Residency Obligation. Still having a valid PR card helps considerably but the PR may still be examined regarding compliance with the PR RO.

If examined and reported for being in breach of the PR RO, the PR is still entitled to enter Canada and has thirty days (if I recall the time frame correctly) to make an appeal.

Again, the extent to which questions about compliance with the PR RO are likely to be asked, and how it will go when asked, varies. Additional relevant factors which can influence how it goes include:

-- actual extent of time in Canada within preceding five years
-- -- obviously, more time in Canada is better; less time in Canada a more negative factor

-- date of most recent entry into Canada
-- -- more recent is better

-- frequency of entries into Canada
-- -- influence of this, however, can go opposite ways depending on whether a pattern is indicated and what that pattern is (pattern indicating coming to Canada for holiday visits, for example, may tend to draw attention to fact of visiting, indicating short stays)

-- credibility: credibility can be a huge factor; any aspect of the traveler's circumstances or demeanor or responses to questions affecting officer's perception of the PR's credibility can influence how it goes
-- -- influence of this can also go opposite directions depending on whether a positive or negative impression is made; vague or evasive responses, for example, can incite suspicions or an outright negative perception of the PR's credibility
-- -- negative perception of credibility can have a huge impact
-- -- REMINDER: BE TRUTHFUL; while revealing some information is bound to have a negative impact, compromised credibility will have a far more negative impact; sure, sometimes fudging the facts works, but overall even if the honest answer hurts, that hurts way less than a negative perception of credibility

Beyond that, if there is a referral to Secondary and the examining officer probes compliance with the PR RO, the PR not in compliance probably wants to focus on offering H&C reasons, including emphasis on extent to which the PR has ties in Canada and plans, or at least the intent to settle in Canada (but only if this is honestly the case).

Again, even if reported and issued a Departure Order, the PR is entitled to enter Canada. However, the PR who is way short of compliance, and who has no plan to settle in Canada soon, may want to consider surrendering PR status, and asking to be allowed to enter as a visitor (it appears this is usually allowed). PRs who surrender status because they cannot actually settle in Canada, and who have family in Canada, will typically be given visitor visas going forward -- they have a demonstrated track record of not staying in Canada. Eventually, if the former-PR plans to finally settle in Canada, the former-PR's spouse in Canada can sponsor the former-PR.