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Regaining the PR status after losing it due to not meeting RO

chikloo

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Feb 6, 2014
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CanadianCountry said:
What is the benefit of the 6 month Temporary Resident that is given upon surrender of PR at POE?

visa

I would suggest you contact an immigration attorney who may be able to slide you through some loophole in the law. Of course only if you are serious in defending your current status. Lawyers cost more than applying for immigration from scratch. Only issue in that option is are you eligible in anyone of the existing categories?

Above all will you be able to maintain PR if you are given one again. It is too much trouble to go through if you are going to slip again.
 

dbo73

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Apr 15, 2014
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It is funny, I never really thought much about this case, always assumed that if you don't meet the RO, you automatically loose your PR but apparently, this is not automatically the case, as I found this on the CIC website, with the interesting word being "may" and especially the first paragraph:

Losing your permanent resident status

Losing your permanent resident status does not happen automatically. You cannot lose your permanent resident status simply by living outside of Canada long enough that you don’t meet the residency requirement. Unless you have gone through an official process, you have not lost or given up your permanent resident status, even though you may not be eligible to return to Canada as a permanent resident.

You may lose your permanent resident status if:
•An adjudicator determines that you are no longer a permanent resident following an inquiry
•A visa officer determines you do not meet the required residency when you apply for a permanent resident travel document or temporary resident travel document.

You may lose your permanent resident status in one of the ways described above if:
•you do not live in Canada for two out of five years;
•you are convicted of a serious crime and told to leave Canada; or
•you become a Canadian citizen.

You do not lose your permanent resident status if your PR card expires.
 

zardoz

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dbo73 said:
It is funny, I never really thought much about this case, always assumed that if you don't meet the RO, you automatically loose your PR but apparently, this is not automatically the case, as I found this on the CIC website, with the interesting word being "may" and especially the first paragraph:
We see this all the time. People incorrectly equate a PR card (travel document) with PR status (immigration status). The problem is often only discovered when they believe that their PR status is "expired" and they apply for a visa, which is automatically refused.
 

ZingyDNA

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dbo73 said:
It is funny, I never really thought much about this case, always assumed that if you don't meet the RO, you automatically loose your PR but apparently, this is not automatically the case, as I found this on the CIC website, with the interesting word being "may" and especially the first paragraph:
Even if you live outside of Canada as PR for a long time, like decades, there is still a chance they let you in when you come back without reporting you. Then you can stay in Canada for 2 years to meet the RO and have good PR status again.
 

thecoolguysam

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May 25, 2011
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ZingyDNA said:
Even if you live outside of Canada as PR for a long time, like decades, there is still a chance they let you in when you come back without reporting you. Then you can stay in Canada for 2 years to meet the RO and have good PR status again.
I hope you meant 5 years not decade but i understand what you mean :)
PR card is valid for 5 years. a person can only come back to canada before pr card expires else the airlines won't let you board the plane
 

ZingyDNA

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thecoolguysam said:
I hope you meant 5 years not decade but i understand what you mean :)
PR card is valid for 5 years. a person can only come back to canada before pr card expires else the airlines won't let you board the plane
Oh no no no. If you drive your private vehicle to enter Canada from the US border, they'll just need your landing paper.

But I have to say, when they see your ancient landing paper, your chance of being reported is like 99.999% ;D
 

CanadianCountry

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Zingy,
Is your comment based on assumption or a fact. Can somebody respond to the scenario below.

Lets say a person became PR in year 2007. Lived in Canada continuously till 2010. Leaves Canada from 2010 till 2015. Can this person drive and cross into Canada by showing COPR that was issued in 2007??


ZingyDNA said:
Oh no no no. If you drive your private vehicle to enter Canada from the US border, they'll just need your landing paper.

But I have to say, when they see your ancient landing paper, your chance of being reported is like 99.999% ;D
 

thecoolguysam

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May 25, 2011
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CanadianCountry said:
Zingy,
Is your comment based on assumption or a fact. Can somebody respond to the scenario below.

Lets say a person became PR in year 2007. Lived in Canada continuously till 2010. Leaves Canada from 2010 till 2015. Can this person drive and cross into Canada by showing COPR that was issued in 2007??
I think he is assuming..... CBSA officers at the border would know whats going on. Canada has started recording exits to USA since June 2013.
 

dpenabill

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Apr 2, 2010
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thecoolguysam said:
I think he is assuming..... CBSA officers at the border would know whats going on. Canada has started recording exits to USA since June 2013.
Clarification: Canada does not ordinarily record exits. Pursuant to information sharing initiatives with the U.S., Canada now has access to entry information collected by the U.S. at the U.S. POE on the U.S./Canada border. And Canada's entry information (to be extended to include Canadian citizens sometime this year) is similarly accessible to authorities in the U.S. This in effect gives each respective country access to recorded entries and exits, the exits documented as an entry into the other country.

It is my impression that the routine CBSA travel history so far does not include the U.S. entry information, only entries into Canada. Which is not to say that the entry into the U.S. information is not readily accessed by ASFC/CBSA or CIC. The question is when or why it is done. Big question is whether a POE officer can easily, directly access the U.S. information during an examination at the POE. If they can't today, they probably will soon be able to. (Much of this has as much to do with the technology, and its limitations, as it does with policy and practice.)



CanadianCountry said:
Zingy,
Is your comment based on assumption or a fact. Can somebody respond to the scenario below.

Lets say a person became PR in year 2007. Lived in Canada continuously till 2010. Leaves Canada from 2010 till 2015. Can this person drive and cross into Canada by showing COPR that was issued in 2007??


ZingyDNA said:
Oh no no no. If you drive your private vehicle to enter Canada from the US border, they'll just need your landing paper.

But I have to say, when they see your ancient landing paper, your chance of being reported is like 99.999% ;D
Clarification: The only difference between attempting to enter Canada at a land-crossing POE on the U.S./Canada border, and attempting to enter Canada at the POE in an international airport, is how the individual arrives at the POE.

No particular documentation is necessary to obtain entry into Canada as a PR. A PR is entitled to enter Canada. Once the ASFC/CBSA officer at the POE confirms a person is a Canadian PR, regardless of what documentation is presented, that person is entitled to enter Canada. In many instances just a passport is sufficient, since it establishes the individual's identity and the individual's status will be verified in FOSS and GCMS.

All persons (including Canadian citizens) must be examined before being allowed to enter Canada. The scope of the examination may be minimal and perfunctory, although these days at the least presentation of proper documentation is generally required. Or the scope of the examination can be fairly extensive. Again, even Canadian citizens can be examined at some length and in some depth upon seeking entry into Canada.

A PR attempting to enter Canada who does not present a currently valid PR card is very likely to be referred to a Secondary examination, both for the purpose of verifying identity and status, as well as screening for admissibility.

The verification of identity and status is typically simple. To what extent the officer in Secondary pursues questions about admissibility will vary depending on the individual, the individual's history and FOSS records, and the individual's response to questions, such as the question "how long have you been outside Canada?" as well as questions like "where do you live?"

There are many factors or indicators which can trigger the ASFC/CBSA offier to pursue more probing questions including those specifically amounting to a residency examination. As ZingyDNA suggests, the PR without a PR card and an old CoPR is likely to be more thoroughly examined, and if the individual has not been in Canada for more than three years the risk of being reported is very high.

Thus, being reported is a probability, not a fact, but an estimate of the risk.

Like most probabilities, the actual probability for a specific individual depends on the facts and circumstances of that individual's case: the longer the PR has been outside Canada, for example, the greater the risk of being reported.

In general, the border has grown dramatically tighter in the last several years. The idea that PRs in breach of the PR Residency Obligation could easily slip back into Canada by coming into Canada at a land crossing, and then just stay two years until they were back in compliance with the PR RO, is largely rooted in the past when individuals traveling in private vehicles were readily waived through the POE with a minimal examination. Today that is not nearly so easy as it was just five years ago.
 

ZingyDNA

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CanadianCountry said:
Zingy,
Is your comment based on assumption or a fact. Can somebody respond to the scenario below.

Lets say a person became PR in year 2007. Lived in Canada continuously till 2010. Leaves Canada from 2010 till 2015. Can this person drive and cross into Canada by showing COPR that was issued in 2007??
YES, they'll let this person in as he/she is still PR. There's a good chance this person will be reported for failing the RO. That's the catch :p
 

dbo73

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Apr 15, 2014
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dpenabill wrote a excellent summary!

I quickly checked what CIC states on their website regarding crossing the border without a PR-Card: While you definitively don't need a PR-card at a land border crossing with your private car, it will definitively trigger questions regarding fulfilling the 'residency requirements'.

If you return to Canada in a private vehicle, such as your own car, you do not need a PR card. You can use your Record of Landing (IMM 1000) or Confirmation of Permanent Residence (IMM 5292 or IMM 5688) instead.
An officer will ask you questions to make sure you meet all of the residency requirements before they allow you to come back to Canada.
An entire different story is when have a valid PR-Card (close to expiry) and basically try to get back into Canada after you have been abroad for 4 years - I assume the possibility for further questioning whether you have met your residency requirements increases the closer you are to the expiry date of your PR card, but this is just an assumption.