This is a situation my son faced on his arrival at L.P. Airport. The following question that I addressed to Allan Thompson, Toronto Star and his response would present it better.
'My son has had permanent resident status since we first entered Canada in September 2006 but he has been living in the U.S. throughout as a student, visiting Canada on and off. The cumulative period of his stay in Canada is about three months.
The last time he visited was in September and, on the way, he was stopped at Pearson Airport and refused entry as a permanent resident but was allowed to enter as a visitor. The reason given was that, since he has been staying in the U.S. for the majority of the three-year period since September 2006, he had lost his permanent resident status. An "expired" stamp was affixed in the passport, whose meaning and implications I do not understand.
He is earning a PhD and would not be able to move to Canada until it is finished, at least another year. When he contacted the immigration department through a community organization, he was given contradictory information. He was told his permanent resident status could not be revoked before the completion of a five-year period since the date of his first entry into Canada and that he would continue to have the privilege of travelling back and forth between U.S. and Canada till then. This information was provided over the phone, so my son is uncertain where things stand.
My question is whether he is going to be allowed to enter Canada next time he decides to visit us.
RESPONSE THAT I RECEIVED FROM ALLAN THOMPSON
While your son's attempt to better his education and obtain a PhD is laudable, the rules about being a permanent resident of Canada are clear. A few years back, the government changed the rules to allow permanent residents to spend more time outside of Canada working or studying. Within any given five-year period, a permanent resident of Canada must have been "physically present in Canada for a minimum of 730 days within the past five years." That would mean being in Canada for the equivalent of two years.
Permanent residents who have not yet been in Canada for five years can be asked to demonstrate they will likely be able to meet the minimum of 730 days in the country at the five-year mark. In your son's case, it sounds as if an immigration officer decided that given, that he is studying abroad and is not close to finishing his program – and his having been here the equivalent of only three months in three years – he is unlikely to meet the 730-day threshold when he reaches five years as a permanent resident, in September 2011.
It would seem that your son has been deemed, on technical grounds, to be in violation of the residency rules. But, like you, I am puzzled about the notation in his passport. Because this matter is likely to get complicated, your son should seek professional advice right away. When a permanent resident is deemed to have been outside of Canada too long, the case is usually referred to the Immigration and Refugee Board. If that hasn't happened in your son's case, he should take the initiative and try to clarify what his status is and what the actions of the border agent in September really mean.
Your son could do this by visiting the nearest Canadian consulate or border point of entry. Better to find out now what this means than to wait until he is trying to enter Canada the next time.
The details of your son's status in the U.S. could also come into the equation here. Does he live in the U.S. on a student permit or does he hold a green card, the U.S. equivalent of permanent residence? You can't be a permanent resident of two places.
