Probably will be reported by visa officer. Next steps and any chance ???

[Rustamjan]

Dear Leon, Masafiri and other experts,

As you might recall I have posted some posts on my situation few weeks ago. I have landed in Toronto on 18 January 2014 after being absent in Canada for little more than 3 years. Unfortunately, supposedly I will be reported by immigration. Visa officer kept me and my family for few hours and filled in few paper in the computer. At the end he was planning to seizure our PR cards and even citizen passports (of my home country), but a lady officer came and told him that he can not seizure passports, so he returned both our PRs and citizen passports and let us out to Toronto. I have told him the reason why I left Canada in December 2010 (my mothers health problem) and provided official record from doctor. And also, I told him why I could not come earlier to Canada - because it took long time until I got reply from embassy of Canada in Moscow for my daughter's TRV. I applied for TRV on July 2013 and received their reply on 06 December 2013. After that I started preparation to move to Canada and arrived on 18 January.

Finally, before we left airport he told us to come on 23 January to talk with superintendant, who will make decision.

Please advise if superintendant decides to report what is the probability of winning appeal.


Thanks

 

[milman]

Hi there,

my husband and i are thinking of coming back, we completed only 330 days in Montreal, and we need to be back by 1st April to complete another 400days to turn to 730days.

We have been absent for 2 and half years... if u are in this situation probably I will be in trouble too if i land in Toronto.

Hope your problems are sorted out quickly.

Do keep me inform.

Thanks
Daisy

 

[Hasher]

Dear Leon, Masafiri and other experts,

As you might recall I have posted some posts on my situation few weeks ago. I have landed in Toronto on 18 January 2014 after being absent in Canada for little more than 3 years. Unfortunately, supposedly I will be reported by immigration. Visa officer kept me and my family for few hours and filled in few paper in the computer. At the end he was planning to seizure our PR cards and even citizen passports (of my home country), but a lady officer came and told him that he can not seizure passports, so he returned both our PRs and citizen passports and let us out to Toronto. I have told him the reason why I left Canada in December 2010 (my mothers health problem) and provided official record from doctor. And also, I told him why I could not come earlier to Canada - because it took long time until I got reply from embassy of Canada in Moscow for my daughter's TRV. I applied for TRV on July 2013 and received their reply on 06 December 2013. After that I started preparation to move to Canada and arrived on 18 January.

Finally, before we left airport he told us to come on 23 January to talk with superintendant, who will make decision.

Please advise if superintendant decides to report what is the probability of winning appeal.


Thanks

Did they asked you to sign any documents?, did custom checked you baggage?

 

[Msafiri]

Rustamjan,

As per earlier thread the risk of report was a possibility.

1. Somewhat surprised the medical details did not make a difference. Is what you provided a letter from the treating doctor with extensive detail about the surgery including supporting info e.g. lab results/ x-ray results etc?

2. Did you try and use the automated gates?

3. Was it the 3 PR family members?

4. Is the officer you refer to in the primary line (first person you meet) or Secondary inspection.

The officer who stopped you wants this reported (you are inadmissible) and has referred it to the Ministers delegate who is stationed at the same airport. The MD will issue the actual report (sec 44 IRPA) and departure orders for all family members. Your only hope lies in the medical explanation at the 'admissibility hearing' - have your facts straight and back them up. The waiting for the TRV angle is a non starter as your spouse could have waited for this and more crucially the child should have been born in Canada or sponsored well before this. You better have a justifiable reason for raising this - the job side of things won't work. Its not looking good but you never know especially as your potential breach is marginal!!

Good luck

 

[Leon]

Hi there,

my husband and i are thinking of coming back, we completed only 330 days in Montreal, and we need to be back by 1st April to complete another 400days to turn to 730days.

We have been absent for 2 and half years... if u are in this situation probably I will be in trouble too if i land in Toronto.

Hope your problems are sorted out quickly.

Do keep me inform.

Thanks
Daisy

You still meet the RO, this guy didn't. Just get back before you are in breach of the RO and you will be fine.

 

[Leon]

Dear Leon, Masafiri and other experts,

As you might recall I have posted some posts on my situation few weeks ago. I have landed in Toronto on 18 January 2014 after being absent in Canada for little more than 3 years. Unfortunately, supposedly I will be reported by immigration. Visa officer kept me and my family for few hours and filled in few paper in the computer. At the end he was planning to seizure our PR cards and even citizen passports (of my home country), but a lady officer came and told him that he can not seizure passports, so he returned both our PRs and citizen passports and let us out to Toronto. I have told him the reason why I left Canada in December 2010 (my mothers health problem) and provided official record from doctor. And also, I told him why I could not come earlier to Canada - because it took long time until I got reply from embassy of Canada in Moscow for my daughter's TRV. I applied for TRV on July 2013 and received their reply on 06 December 2013. After that I started preparation to move to Canada and arrived on 18 January.

Finally, before we left airport he told us to come on 23 January to talk with superintendant, who will make decision.

Please advise if superintendant decides to report what is the probability of winning appeal.

Thanks

Of course there is still a chance. There is a chance they decide not to report you so bring your proof to the appointment. If they do report you, you will have to stay and wait for your appeal to get processed. I can not tell you the odds of winning the appeal. It depends on if they think your reasons were good enough.

Waiting for a TRV for your daughter may have been a reason for your wife to stay behind but you could have come to Canada yourself, possibly with your other children in order to meet your residency obligation. As it happens, in the end, you left your child with your mother anyway so actually you could all have returned before reaching 3 years outside.

On your thread here: http://www.canadavisa.com/canada-immigration-discussion-board/trv-rejected-for-nonpr-baby-and-other-options-t176020.0.html I advised you that as you still had 5 days at that point before reaching 3 years outside that you should return to Canada immediately. If you had, you could have avoided this mess.

In any case, I wish you luck with your appointment and hope you don't get reported.

 

[Rustamjan]

Dear Hasher,

Yes, I have signed some documents, but customs did not check my luggage.



Dear Msafiri,

1. Yes, the paper I provided inlcuded complete details about my mothers health;

2. As soon as we entered airport building we went through scanner to scan our PRs;

3. We were in total 4 PRs (my wife, 2 daughters and myself);

4. The officer was secondary inspection.



Dear Experts,

In order to proove that I am going to permanently relocate to Canada I am currently making some preparation for the appointment:

- opening bank account;
- getting health card;
- arranging school for my children;
- got a contract for appartment rent.

I hope when I show above docs the person will not report me.

 

[zardoz]

Just goes to show that the PR card scanners are not a foolproof way of avoiding "problems".

 

[keesio]

Dear Experts,

In order to proove that I am going to permanently relocate to Canada I am currently making some preparation for the appointment:

- opening bank account;
- getting health card;
- arranging school for my children;
- got a contract for appartment rent.

I hope when I show above docs the person will not report me.

I'm not an expert but your issue isn't trying to prove that you are permanently relocate to Canada. It is trying to prove that your reasons for failing to maintain your residency obligations was a valid one. Your mother's health issues may or may not be enough of a reason (3 years is quite a long time).

 

[Msafiri]

Just goes to show that the PR card scanners are not a foolproof way of avoiding "problems".

No doubt - all those PRs thinking the automated gates are a pass on the RO breach best think again...the agent at the end of the gates is who matters!

Dear Hasher,

Yes, I have signed some documents, but customs did not check my luggage.

Dear Msafiri,

1. Yes, the paper I provided inlcuded complete details about my mothers health;

2. As soon as we entered airport building we went through scanner to scan our PRs;

3. We were in total 4 PRs (my wife, 2 daughters and myself);

4. The officer was secondary inspection.......

What document did you sign? Is there a form number? Did you read its contents? You need to double check you did not sign a voluntary relinquishment of PR though the reference to return back for interview indicates its not. Presumably the agent whom you handed your customs card found out about your lengthy absence by asking you or noting the left Canada date on the form?

.......
Dear Experts,

In order to proove that I am going to permanently relocate to Canada I am currently making some preparation for the appointment:

- opening bank account;
- getting health card;
- arranging school for my children;
- got a contract for appartment rent.

I hope when I show above docs the person will not report me.

Its your past actions that count - think of it as being caught speeding. You can't tell the courts don't progress this as I am now not speeding. If you get reported then by the time the appeal is listed for a hearing establishment in Canada is considered as a positive factor but on its own is not necessarily enough to save the day. Is your profession/ employment experience in a sector for which its easy to get a job? Full time employment will be considered the most positive of establishment factors so you may need to start any job you can get.

But first things first - try and avoid the report...get as much paperwork as you can on the medical situation. Also re-calculate your days so that you and CBSA/CIC are looking at the same figures.

Good luck

 

[keesio]

No doubt - all those PRs thinking the automated gates are a pass on the RO breach best think again...the agent at the end of the gates is who matters!

The way I see it, all these automated systems make it easier to track you. When I use the kiosk to enter the USA, it already knows all my flight information (probably because it asked me to provide a passport on check in). I'm sure vice versa on the way back into Canada. They auto-log your entries and know your flight details. The system probably auto red flags you if certain criteria match

 

[Msafiri]

Something triggered a concern at the primary line or given that CIC likely read these forums had a heads up for closer scrutiny of Tajik passport holders - I'd hazard a guess not as many show up at Pearson every day say relative to US/ EU/ Asian Sub Continent passport holders?

 

[bonty]

Rustamjan,

How did your visit to superintendent go. hope you have been able to sort out issues. would be interested to know.

 

[Rustamjan]

Hey guys,

It seems the new life starts for my family thanks to the superintendant. She was ready to report me and even got my and my wife's sinature on departure papers. But after leaving for 5 minutes from the room and talking to me about my last job and my plans with job search in Canada, she changed her decision. THANKS GOD. I wish everybody such luck my friends.


Dear Leon, Msafiri and other respected experts,

You are aware about my situation - that we have non-PR baby who we left in my home country with my Mom. Before we left interview yesterday, superintendant told me that I can start TRP (not TRV) process for my little one. Because of the state at that right moment (she is like put my head in icy water and again in hot water at the end) I forgot to ask her couple quick questions, which I am asking you:

1. You understand my situation, I mean I was not reported, but still not meeting residency obligations, i.e. will have little more than 700 days of physical presence in Canada during 5 years. Superintendant was kind not to report me. But if I start TRP process for my little daughter may this cause a report or interview by the immigration officer?

2. Imagine I had not have problems and TRP has been approved for my daughter. If I go to my home country for 5-6 days to bring my daughter will I have trouble at the entrance back in Pearson by immigration officer for not meeting 730 days?

3. If second question is an issue is there any way that my relative bring my daughter, I mean is there any way that the relative of PR can get short visa?


Thanks so much

 

[scylla]

1. Starting the TRP process (or a TRV) will not cause a report or interview by the immigration officer. Go ahead and apply.
2. Going to your home country is a very bad idea. You were barely allowed into the country this time. Next time there's a good chance you will in fact be reported. You need to stay in Canada until you meet the residency obligation if you want to keep your PR status.
3. Your relative would have to apply for a TRV. It's impossible for any of us to say if he/she will be approved.