PR obligation not met, Card still valid,

[Pokhari]

We live in USA. My wife and me landed Canada in 2005 and did two trips in between by car from USA, staying only few days and the last trip was in 2009 january by Air. PR is expiring in November 2010.

I have to go to Canada again in Febraury to attend conference for a week. Can I use my PR card to enter or do I have to apply for Visa (as h1b in usa). I was told by a friend that as long as PR card is valid, they need to allow to let in, Want to make sure that is true.

 

[Karlshammar]

You can attempt to enter on the PR card. You have technically lost your PR status, so they may revoke your card.

Whether you need a visa in that case depends on your citizenship. Where is your passport from?

We live in USA. My wife and me landed Canada in 2005 and did two trips in between by car from USA, staying only few days and the last trip was in 2009 january by Air. PR is expiring in November 2010.

I have to go to Canada again in Febraury to attend conference for a week. Can I use my PR card to enter or do I have to apply for Visa (as h1b in usa). I was told by a friend that as long as PR card is valid, they need to allow to let in, Want to make sure that is true.

 

[Alabaman]

You can use your card. Just present it at point of entry... there shouldn't be any problem. Let's know how it goes.

 

[Karlshammar]

If they know or suspect that he has not fulfilled the requirement they will revoke his PR card and lose his status, so I think we need to let him know of potential issues rather than saying that there shouldn't be any problems. We have no way of knowing in advance what will happen.

You can use your card. Just present it at point of entry... there shouldn't be any problem. Let's know how it goes.

 

[Pokhari]

Any more thoughts from more members?

Does anybody know of anybody being denied at port of entry because of Permanent residency status not maintained?

 

[Karlshammar]

It happens all the time. It depends on luck and if they look into things more, etc.

Any more thoughts from more members?

Does anybody know of anybody being denied at port of entry because of Permanent residency status not maintained?

 

[Pokhari]

I found this post interesting

If you find yourself in a situation where you are entering Canada and an immigration officer is questioning you about your residency over the past five years, and you aren’t sure whether you meet the residency requirement, you should know you basic rights. First, as a permanent resident you have the right to enter Canada. Second, an officer must allow you into Canada after establishing that you are a permanent resident of Canada. Third, you may use your permanent resident card as evidence of your status in Canada whether or not you have met the residency requirement. You also have the right to not answer any questions about your residency over the previous five years once the officer establishes that you are a permanent resident.

ww w.canadianimmigrant.ca/asktheexpert/article/4641

 

[Alabaman]

I found this post interesting

If you find yourself in a situation where you are entering Canada and an immigration officer is questioning you about your residency over the past five years, and you aren't sure whether you meet the residency requirement, you should know you basic rights. First, as a permanent resident you have the right to enter Canada. Second, an officer must allow you into Canada after establishing that you are a permanent resident of Canada. Third, you may use your permanent resident card as evidence of your status in Canada whether or not you have met the residency requirement. You also have the right to not answer any questions about your residency over the previous five years once the officer establishes that you are a permanent resident.

ww w.canadianimmigrant.ca/asktheexpert/article/4641

Thanks Phokari... that sums it all. I haven't seen one person being denied entry for not meeting residency requiremnts. Infact, in the cases that I have seen, the immigration officer adviced them (even with expired PR Cards) to enter and try to stay a while so that they do not loose their residency. It's not as scary as some people make it seem on this forum.

 

[Karlshammar]

The website you are referencing is a random, non-official website with someone's personal opinion. The OP manual specifically states that if the immigrant has not met requirements, the officer must revoke their card. In this situation the immigrant may be allowed into the country to dispute this, however, if they have not met the residency requirements their dispute will of course be lost.

You are correct that PRs have right of entry; however, someone who fails to meet the requirements of the PR status is no longer a PR and does not have right of entry. This is why the immigration officer has the right and duty to revoke the PR card of a person who is no longer a PR.

Alabaman, I'm not sure what cases you have "seen," but if an officer did that it was at their personal discretion and contrary to the rules.

 

[Suin]

We live in USA. My wife and me landed Canada in 2005 and did two trips in between by car from USA, staying only few days and the last trip was in 2009 january by Air. PR is expiring in November 2010.

I have to go to Canada again in Febraury to attend conference for a week. Can I use my PR card to enter or do I have to apply for Visa (as h1b in usa). I was told by a friend that as long as PR card is valid, they need to allow to let in, Want to make sure that is true.

if you have your PR valid till November, I don't see any problem on entering in February.

 

[PMM]

Hi

Thanks Phokari... that sums it all. I haven't seen one person being denied entry for not meeting residency requiremnts. Infact, in the cases that I have seen, the immigration officer adviced them (even with expired PR Cards) to enter and try to stay a while so that they do not loose their residency. It's not as scary as some people make it seem on this forum.

Well then I suggest you read http://www.canlii.org/en/ca/irb/index.html and search for residency.

PMM

 

[rk2009]

Hi

Well then I suggest you read http://www.canlii.org/en/ca/irb/index.html and search for residency.

PMM

Fascinating link PMM, Thanks for Sharing... I am reading through the cases. Meeting the PR requirement is not to be taken lightly as the link suggests.

 

[Pokhari]

I do not care if they mark my passport/PR card or give me 30 days notice to leave during entry, as I am not looking to continue it after it expires.

My only question is at this moment whether I will be let in.

 

[Leon]

They are supposed to let you in but if they suspect that you have lost your PR due to residency requirements, they can report you to immigration and give you some paperwork you have to fill out if you want to prove them wrong.

 

[Pokhari]

We entered without any hassle. The key is if your last visit is less than a year ago they do not care much.