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PR residency requirement and border control

M

mira_johnson

Hero Member
Sep 30, 2015
274
10
Visa Office......
London
NOC Code......
3143
App. Filed.......
01-2017
Med's Request
Upfront
Med's Done....
12-2016
VISA ISSUED...
10-2017
LANDED..........
10-2017
Hi,
As a PR there are residency requirements as we all know. If moving to Canada close to the "deadline" for meeting residency requirements (i.e. for the first time after 2.5 or 3 years) might border control be tough on a permanent resident and potentially even revoke someone's PR just because they are worried someone "might" not live up to the residency requirements after the 5 year period is up, despite that the permanent resident have every intention to? Are they even allowed to do that? Any examples, facts or insights are welcome.

I'm curious how tough and "unfair" they can be at the border.
 
mira_johnson said:
Hi,
As a PR there are residency requirements as we all know. If moving to Canada close to the "deadline" for meeting residency requirements (i.e. for the first time after 2.5 or 3 years) might border control be tough on a permanent resident and potentially even revoke someone's PR just because they are worried someone "might" not live up to the residency requirements after the 5 year period is up, despite that the permanent resident have every intention to? Are they even allowed to do that? Any examples, facts or insights are welcome.

I'm curious how tough and "unfair" they can be at the border.
Click to expand...
Basically, no, to all your questions.
 
Thanks for the link, zardoz. Glad that kind of practice is at least not mentioned as a routine for the examination officers.
 
Please leave yourself a buffer and don’t arrive at the 3 year mark. We see so many examples where people arrive at the 3 year mark and then they have a family emergency and want to leave but they are torn due to their RO. Many don’t factor in things like business travel. If you are unable to travel outside Canada that could impact your employment options.
 
mira_johnson said:
Thanks for the link, zardoz. Glad that kind of practice is at least not mentioned as a routine for the examination officers.
Click to expand...

CBSA can't revoke PR status. If they suspect a PR has not met the RO, they can only report the person for investigation. If a person has been out of Canada for less than 3 years since the day they landed, it is impossible for them to NOT meet the RO. CBSA doesn't report people who meet the RO, regardless of suspected future actions.
 
canuck78 said:
Please leave yourself a buffer and don’t arrive at the 3 year mark. We see so many examples where people arrive at the 3 year mark and then they have a family emergency and want to leave but they are torn due to their RO. Many don’t factor in things like business travel. If you are unable to travel outside Canada that could impact your employment options.
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It would be a buffer of 3.5 months, I know the earlier the most ideal. I'd like to occasionally visit the U.S. too, but now it's down to only leaving the option open for "emergencies". Unfortunately, life happens
 
canuck_in_uk said:
CBSA can't revoke PR status. If they suspect a PR has not met the RO, they can only report the person for investigation. If a person has been out of Canada for less than 3 years since the day they landed, it is impossible for them to NOT meet the RO. CBSA doesn't report people who meet the RO, regardless of suspected future actions.
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Thanks canuck, so if I understand you correctly, they couldn't even report a person for investigation, given that its been less than 3 years anyway? What could they investigate?
 
mira_johnson said:
It would be a buffer of 3.5 months, I know the earlier the most ideal. I'd like to occasionally visit the U.S. too, but now it's down to only leaving the option open for "emergencies". Unfortunately, life happens
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A 3.5 buffer isn't ideal - but certainly better than nothing.

When calculating the buffer and five year period, make sure you're doing it from the date of landing rather than the expiry date of the PR card.
 
scylla said:
A 3.5 buffer isn't ideal - but certainly better than nothing.

When calculating the buffer and five year period, make sure you're doing it from the date of landing rather than the expiry date of the PR card.
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Yeah, for sure! Thanks for the heads up anyway, it would be an expensive mistake!
 
I think I will post my concerns here as it i closely similar to the preceding querries. We all landed here in Canada in 2015. Went back home for 1 year and return to stay in 2016. Since we didn't find immediate employment, my husband went back home to his old job so at least one of us is earning. He is now 64 years old and is waiting for his retirement so he can get his retirement benefits. His PR will expire in June. Can he still renew it for the purpose of visiting us while waiting for his retirement back home? By the way, me and the kids have alreafy applied for citizenship. Thanks for the info you will give.
 
PITTIMINNI said:
I think I will post my concerns here as it i closely similar to the preceding querries. We all landed here in Canada in 2015. Went back home for 1 year and return to stay in 2016. Since we didn't find immediate employment, my husband went back home to his old job so at least one of us is earning. He is now 64 years old and is waiting for his retirement so he can get his retirement benefits. His PR will expire in June. Can he still renew it for the purpose of visiting us while waiting for his retirement back home? By the way, me and the kids have alreafy applied for citizenship. Thanks for the info you will give.
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No. He doesn't meet the Residency Obligation and therefore doesn't qualify to renew his card. If reported on entry for failing to meet the RO, he can expect his PR status to be revoked.
 
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