Revocation of PR status?

[BenX]

I intend entering Canada next month to complete my residency obligation. However, I have only lived in Canada for about 350 days (in the 1st 5 year period) and my PR card will expire in April 2012.

I have the following questions :
1) In case at the POE I get questioned about the inadequecy of days and the Immigration Officer decides to report against me, what is the procedure after that? Will they allow me to enter the country? Will they let me continue to stay till my PR expiry date? I understand that I will have 30 days time to appeal against the revocation of my PR status...but how long would it normally take for a decision to be taken on whether I can conitue to live or need to be deported?
2) In case I do not get questioned and enter without a problem then I would want my family to join me in Dec 2011 to live with me.
Pls advise!!! Thanks

 

[Leon]

It depends so much on the IO in these cases. In other peoples experience, some of them may threaten to report you but they often don't do it anyway.

Does your family need to be sponsored or they also have PR cards and don't meet the residency requirements? If they follow you, they may or may not get the same treatment as you according with the IO they get. If they need to be sponsored, you can try it but you may be bringing your own situation to the attention of immigration, that is if you weren't already reported.

If you all do get in without being reported, you can stay until you have your 730 days before attempting to renew your PR and they will have no choice but to renew it. If you get reported or if you apply before you have the 730 days, you will have a hearing where they will decide if to let you keep your PR or not.

 

[BenX]

Thanks Leon!!

My family also have PR cards and they are in a similiar situation as I`m in (ie have lived for about 350 days only in Canada), only that they cannot move to Canada immediately and need at least 2 months to settle things.

What happens if in case I am reported? By when can/will I know I have been reported? (Get a surprise post from immigration?). Will they allow me to enter the country? Once I enter I have full intentions to stay as long as it takes to become a canadian citizen.

My concern is that if I do make the move and family follows in Nov/Dec and say in a couple of months we receive a letter saying that our PR is being revoked...while I understand that we can appeal, but question is how long is this likely to take.....as it will leave us with a lot of tension on a day to day basis....

 

[Leon]

If they report you, I believe you get a letter right away as you enter Canada. If you don't get such a letter, you are probably in the clear. If you do get reported and appeal, I do not know how long it takes to process that but keep in mind that it is not guaranteed that you will win the appeal.

 

[BenX]

Thanks Leon...I understand that I may not win the appeal...just trying to get prepared for a worse case scenerio (in the event we lose the appeal) and hence wanted to know normally how long such appeals take....

 

[BenX]

Appreciate any further inputs please...especially with regards to processing time/procedure in the event of an appeal?