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Re Entry with soon to expire PR Card

May 24, 2012
7
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Dear Leon,

We have got our PR cards in July 2007. We have stayed just 1 week inside Canada, simply landed and left.
As much as we wanted to move permanently that time, I need to go back to UAE to fulfil/complete my employment obligation.
But before completion of my contract, the global financial crisis strucked in 2008 and I got laid off together with many others.

That same year my 83 year old mother became very ill, became bedridden for 2 years before passing away in 2009. I have to attend to her financial needs.

Another issue was the schooling of my 2 daughters that same year 2007, one in her 2nd year university and one in her last year in high school. They both stayed with me during my long stint working in Middle East, moving and transfering schools everytime I relocate job or the company changes school subsidies to employees.
When I got laid off, we tried to find and enlist our daughters to couple of schools this time in Canada. I realised the timing to transfer is not good. We decided to postpone our planned move to Canada until they finish their schooling in the Philippines, which is cheaper compared to Candian universities. They are both IT professionals now.

I was wondering if its still wise to try to enter Canada before our PR cards expire next month. Will they simply send us back from the airport? Appreciate your advise. Thanks & Regards, Roberto
 

Leon

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Jun 13, 2008
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robertodelacruz said:
I was wondering if its still wise to try to enter Canada before our PR cards expire next month. Will they simply send us back from the airport? Appreciate your advise. Thanks & Regards, Roberto
If you want to keep your PR's, you should try it. When you enter, explain that you stayed outside Canada because of your sick mother and you will deal with the issue when you renew your PR card. If you are lucky, they will not report you for not meeting the residency requirements. They can not turn you back at the airport in any case. Even if they report you, they will let you in and let you appeal for your PR.

If you get in without being reported, the best way is to stay in Canada for an unbroken 2 years and not apply to renew your PR cards until then because then you will meet the residency requirements again.

If you get reported and have to appeal for your PR, get a lawyer. Staying outside of Canada because of a sick mother is a good reason. Staying outside because of an employment contract or because of children in school is not. There are schools in Canada too.

As for your children, if you have to appeal for their PR's, they have a better chance than you because they have the angle of having been removed from Canada by their parents as they were minors. They are now young adults and are returning to Canada at the first chance and so they have a very good chance at keeping their PR's even if they get reported.

However, if you get in without being reported, it is simpler if all of you don't try to renew your PR for 2 years because then you meet the requirements again and do not have to prove any mitigating circumstances.
 
May 24, 2012
7
0
Hi,
Thank you very much. Thats a very quick response.
One more question. If I look for a job, will the company verify the status of my PR card?
 

Leon

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Jun 13, 2008
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robertodelacruz said:
Hi,
Thank you very much. Thats a very quick response.
One more question. If I look for a job, will the company verify the status of my PR card?
No, the company will only want to know that you have a SIN number. I suppose you already have one. If you don't, you can go to Service Canada and apply for one.
 
May 24, 2012
7
0
Dear Leon,
Thank you very much for your advise, youve been a great help.

My family have decided just last week to enter Canada on 20June2012, with prayers that the immigration officer will not send us back or report us for not fulfilling residence requirement.

Our case could be special..
We landed first time in Toronto in 2007, got our PRC and SIN.
Stayed just one week and left.

We are entering Vancouver this time on 20June. Our PRCs expire on 21June2012 (the next day). Do you see any issue?
I didn't realised most flights are full, I managed to get 4 seats on 20June but up to Vancouver only. We will settle now in Vancouver.

We got our SIN from Toronto, is it applicable in Vancouver? Or we need to surrender for replacement?
In case we need to re-apply for new SIN, will they ask for our PRC? The expiration of our PRC will be revealed!
Will they issue new SIN? Will they report us to the authority?

Appreciate your kind advise. God bless you.
 

Leon

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Jun 13, 2008
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robertodelacruz said:
Dear Leon,
Thank you very much for your advise, youve been a great help.

My family have decided just last week to enter Canada on 20June2012, with prayers that the immigration officer will not send us back or report us for not fulfilling residence requirement.

Our case could be special..
We landed first time in Toronto in 2007, got our PRC and SIN.
Stayed just one week and left.

We are entering Vancouver this time on 20June. Our PRCs expire on 21June2012 (the next day). Do you see any issue?
I didn't realised most flights are full, I managed to get 4 seats on 20June but up to Vancouver only. We will settle now in Vancouver.

We got our SIN from Toronto, is it applicable in Vancouver? Or we need to surrender for replacement?
In case we need to re-apply for new SIN, will they ask for our PRC? The expiration of our PRC will be revealed!
Will they issue new SIN? Will they report us to the authority?

Appreciate your kind advise. God bless you.
Wow, you have literally left it until the last day. If you are lucky, they will let you in without reporting you.

A SIN number from Toronto is also valid in BC. If you are planning to stay in BC, you should apply for health cards as soon as you can. Even if your PR cards are expired by a few days, they may not say anything. Because of the waiting time, you should get your health cards on September 1st.

If you do not wish to settle in Vancouver, you can fly to some other city in Canada. It is a domestic flight so you do not need the PR card. You could also rent a car and drive.
 

Leon

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Jun 13, 2008
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robertodelacruz said:
Thanks.
Most important to make sure is will the immigration officer at the airport let us enter Canada?
Yes, they must let you enter Canada. However, if they decide to report you for not meeting the residency requirements, you must appeal their decision with good reasons why you could not stay in Canada.
 
May 24, 2012
7
0
Kindly clarify..
Where are they going to report us, in case they do?
Where do we appeal and how?
Will this happen and decided in the same day?

Thanks for all the help.
 

Leon

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Jun 13, 2008
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If the immigration officers want to report you, they will tell you about it. You will be allowed to enter but you must make your appeal within 30 days. Even if you do not appeal, it is not certain that they will report you. This is decided by a superior immigration officer. I do not know if they report you, how long it takes to know if you keep your PR or what happens.
 

eriku

Star Member
Mar 22, 2012
64
0
hi leon.

finally arrived in ca. here's what happened in the airport

1. IO asked my last exit from canada, i said july 2008. he wrote it down in my landing papers then explained about residency obligation
2. after getting my luggage, was pointed to go to an area with canadian border officers and other travellers
3. officer asked for my passport and landing papers then he went inside an office
4. after 10mins officer returned my passport then let me go.

what will happen next?

thanks
 

Leon

VIP Member
Jun 13, 2008
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Job Offer........
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eriku said:
hi leon.

finally arrived in ca. here's what happened in the airport

1. IO asked my last exit from canada, i said july 2008. he wrote it down in my landing papers then explained about residency obligation
2. after getting my luggage, was pointed to go to an area with canadian border officers and other travellers
3. officer asked for my passport and landing papers then he went inside an office
4. after 10mins officer returned my passport then let me go.

what will happen next?

thanks
Did they tell you they would be reporting you for not meeting the residency requirements? Did they tell you that you could appeal this and give you some paperwork regarding that?

If not, then they did not report you. You can now stay in Canada for a full 2 years at which point you will meet the residency requirements again and then you can apply to renew your PR card.
 

eriku

Star Member
Mar 22, 2012
64
0
hi leon,

the officer just handed me back my passport, without saying a word and no paperwork even. i hope everything will be ok now.

thanks again for the advice.