Reported at the border for failing to meet the RO

[KSA99]

Hello,

I landed 2 days before at Canadian International Airport with few days left in expiring in my PR card, in last 5 years I stayed only 6-7 months in Canada. At airport I was reported by IO for not meeting the RO requirement. The IO mentioned two things to me, 1st I have 30 days to appeal and 2nd I have to leave Canada in 60 days.

I have few questions and need advice to resolve this issue.

Q1:
After reporting by IO for RO, what would be the status of my immigration? Is it over now or there are still some chances to keep it active?

Q2:
To appeal against IO reporting, do I need to hire any lawyer or can I do it myself?

Q3:
After reporting by IO for RO and depart from Canada in 60 days, can I comeback in Canada after obtaining travel document from embassy and stay here without any issue? IO mentioned that appeal some time takes time, may be it will take year.

Q4:
After reporting by IO, will it create any problem for my other family members who are PR holder and planning to move in Canada on permanent basis in few months?

Kindly reply to me and give suggestions to resolve this issue and save our immigration.

Regards,

 

[PMM]

HI

Hello,

I landed 2 days before at Canadian International Airport with few days left in expiring in my PR card, in last 5 years I stayed only 6-7 months in Canada. At airport I was reported by IO for not meeting the RO requirement. The IO mentioned two things to me, 1st I have 30 days to appeal and 2nd I have to leave Canada in 60 days.

I have few questions and need advice to resolve this issue.

Q1:
After reporting by IO for RO, what would be the status of my immigration? Is it over now or there are still some chances to keep it active?

Q2:
To appeal against IO reporting, do I need to hire any lawyer or can I do it myself?

Q3:
After reporting by IO for RO and depart from Canada in 60 days, can I comeback in Canada after obtaining travel document from embassy and stay here without any issue? IO mentioned that appeal some time takes time, may be it will take year.

Q4:
After reporting by IO, will it create any problem for my other family members who are PR holder and planning to move in Canada on permanent basis in few months?

Kindly reply to me and give suggestions to resolve this issue and save our immigration.

Regards,

1. No, it is isn't over as such until you the IAD makes a decision or you don't appeal.
2. You probably should have a lawyer, unless you have a very very good reason why you didn't meet the residency requirements and you are able to file and complete legal forms precisely.
3. No, the IO told you that you have to appeal within 30 days, and if you don't appeal, you have 30 days to leave or the departure order becomes a deportation order.
4. The overseas office won't issue you a TD now.
5. You could have saved it by residing in Canada, but it now looks like it is going to be gone.

 

[KSA99]

Hello,

Thanks PMM.

Q1: Clear
Q2: Clear

Q3: Need more clarification please.
I will definitely file the appeal and I understand from IO that appeal process is a lengthy process which could take more than a year. My question, can I enter the Canada while my appeal is under progress or I cannot and I have to wait until IAD makes decision. If I am allowed to come back who can issue me TD?

Q4:
After reporting by IO, will it create any problem for my other family members who are PR holder and planning to move in Canada on permanent basis in few months?

Kindly reply for the above at your earliest.

Regards,

 

[Leon]

If you appeal, you should not leave Canada if you are hoping to win. Having appealed, you keep your PR for the time being and are allowed to stay and work in Canada at least during your appeal processing which can take 1-2 years. If you win the appeal, you win your PR back. If you lose the appeal, you will lose your PR and be asked to leave.

If you appeal and leave, you risk that you will have a problem returning and when your appeal gets processed, it may be taken into consideration whether you have finally settled and built a life in Canada or if you have left again, showing that you are not ready to settle at this point.

 

[zardoz]

Q4:
After reporting by IO, will it create any problem for my other family members who are PR holder and planning to move in Canada on permanent basis in few months?

Not directly, but if they don't meet the Residency Obligation requirements, they too may be reported. It's unlikely that you could use their PR status to support an H&C based appeal to preserve your PR status, if they are not in compliance either. Having read all your old posts, I don't see how you think that you might win an appeal. Maybe you could enlighten us?

 

[KSA99]

Hi Zardoz,

I want to appeal through a lawyer and leave the Canada after 2-3 months as I have to go back to my home country to finalize some matters before finally come and settle in Canada. Do you think I have little chance to win the appeal based on the facts mentioned in my mails? In case I lost the appeal and want to come and settle in Canada then what document I need for traveling to Canada?

Thanks in advance.

Regards,

 

[PMM]

HI

Hi Zardoz,

I want to appeal through a lawyer and leave the Canada after 2-3 months as I have to go back to my home country to finalize some matters before finally come and settle in Canada. Do you think I have little chance to win the appeal based on the facts mentioned in my mails? In case I lost the appeal and want to come and settle in Canada then what document I need for traveling to Canada?

Thanks in advance.

Regards,

1. If you appeal and then leave, you can be assured that you are going to lose your appeal.
2. If you lose, you have to re-apply as an Immigrant, if you qualify.

 

[KSA99]

Hi,

What I understand that if I leave after the appeal and lose the appeal then I will lose my immigration. Is it?

Please confirm.

Regards.

 

[Alurra71]

Hi,

What I understand that if I leave after the appeal and lose the appeal then I will lose my immigration. Is it?

Please confirm.

Regards.

If you loose your appeal you will loose your PR, period. If you leave after launching your appeal you are only giving CIC more information that you have no intent to reside in Canada and make their decision easier to revoke your PR.

As long as your family meets the RO and continues to meet the RO they are in no danger.

 

[KSA99]

Hi,

I have intention to reside in Canada and for that purpose rented a house, filling tax returns on yearly basis and visited Canada more than 3 times in last 5 years, never applied for any benefits etc, no police case and criminal record, highly qualified and experienced professional. My problem is that I have to go one time for 3-4 months and come back after finalizing some important matters at home country. I want to appeal and assure CIC that I will be back and stay. I want you guys to give me some reasons to be mentioned in my appeal for CIC consideration to win the appeal.

Please reply me soon.

Regards,

 

[scylla]

It's very unlikely you will win the appeal if your reasons for staying outside of Canada are related to work. Appeals typically only work if a person has very strong evidence of humanitarian and compassionate reasons such as a very ill parent in your home country you had to take care of or personal illness that prevented you from traveling. If you do have a strong H&C reason then you will need to provide proof (e.g. hospitalization records, letter from doctor, etc.).

 

[Leon]

Hi,

I have intention to reside in Canada and for that purpose rented a house, filling tax returns on yearly basis and visited Canada more than 3 times in last 5 years, never applied for any benefits etc, no police case and criminal record, highly qualified and experienced professional. My problem is that I have to go one time for 3-4 months and come back after finalizing some important matters at home country. I want to appeal and assure CIC that I will be back and stay. I want you guys to give me some reasons to be mentioned in my appeal for CIC consideration to win the appeal.

Please reply me soon.

Regards,

You say you have an intention to reside in Canada but you haven't in the past 5 years. Most countries would already have revoked your PR if you left for more than 6 months and Canada used to do that as well prior to 2002. Then the residency obligation was changed to needing only 730 days in any 5 year period, that's only 40% of the time. You can be outside Canada for up to 3 years at a time without losing your PR. I don't know of any other country that has such lax residency obligations for their PR's. That's why they take them seriously. It's kind of late to say now that you are planning on staying in the future if you haven't done it in the past 5 years unless you had some really good reasons why you couldn't.

You see, when you appeal for your PR, they will look at your reasons for why you could not meet the RO. If your reasons were self-serving such as unwilling to give up a good job or own business outside Canada or choosing to study outside Canada, you don't have much chance. If your reasons were humanitarian such as taking care of a close relative on their sick bed and you can prove it, you have a pretty good chance. If your reasons are borderline is when they would look into if you have used your appeal processing time to settle or if you have left again.

If you lose your PR, you could apply for your immigration again if you still qualify. Just keep in mind that if you are still not ready to settle and you don't meet the RO again of 730 days / 5 year period, then you risk losing the new PR as well. However, as long as you qualify, you can keep applying again as often as you like.

 

[torontosm]

Hi,

I have intention to reside in Canada and for that purpose rented a house, filling tax returns on yearly basis and visited Canada more than 3 times in last 5 years, never applied for any benefits etc, no police case and criminal record, highly qualified and experienced professional.

Visiting Canada 3 times for a vacation over a 5 year period hardly demonstrates your "intention to reside" in Canada.

 

[Msafiri]

Hello,

I landed 2 days before at Canadian International Airport with few days left in expiring in my PR card, in last 5 years I stayed only 6-7 months in Canada. At airport I was reported by IO for not meeting the RO requirement. The IO mentioned two things to me, 1st I have 30 days to appeal and 2nd I have to leave Canada in 60 days......

1. How many 'In Canada' days did you have when you were reported?

2. What's the reason/s for your absences from Canada?

3. Are your PR family members having the same days issues?

 

[KSA99]

Hi Everyone,

I have decided to appeal, can I apply my appeal through an immigration consultant who is an ICCRC member with good standing or lawyer would be better? I personally feel that since it is an immigration related matter it should be handled by consultant.

I appreciated for all your response and help so far.

Please reply.

Regards.