Urgent: Advice concerning studying outside Canada under PR for more than 3yrs

[Nash_85]

Hi, i need some urgent advice concerning my PR.

i was granted PR status in July 2006 and stayed in Canada for 2 mths, however i had to return home for one year to finish my BSC degree.
After that I returned to Canada For 3 mths in April 2007 - July 2007, upon which i was accepted into a University at my home country to pursue my Masters. Having completed my masters in December 2010 i am on my way back to Canada to permanently settle. My PR card expires in July 2011, i am currently in the US, in transit and leaving in 3 days for Canada. (25th Feburary 2011)

My question is: will immigration give me a hard time to enter into Canada, or will they send me back home?

I have all my documents stating the period in which i was registered at school and completion etc.
Your advice wil be greatly appreciated.

 

[Nash_85]

please can some one povide me with some assistance. i will really appreciate it!

 

[newtone]

The whole point of having a permanent resident card is so that you can be a Permanent Resident of Canada. Out of 5 years you have to physically stayed in Canada for at least 2 years. Showing that you were doing your degree, Bachelors and Masters from somewhere is just going to prove the fact you have not lived in Canada while being a PR are not interested in living in Canada permanently. If you have not fulfilled the requirements of your Permanent Residence your status becomes void and you'll have to apply again as a PR again

 

[Nash_85]

ok i get that much. But from what I've read on this forum is that if i am able to land into Canada without question and stay there for 2 years i will be able to reapply for the PR card etc. Seeing that my PR card is still valid, i should be allowed entry unless i'm sent to a visa office to explain my issue if they crack down on me. So all i really want to know is if, when i land in Calgary Friday, will i be deported etc.?

 

[newtone]

Maybe I wasn't clear on my explaination,

1) Did you complete 2years of physical presence in Canada after being issued the PR card?

If Yes then fine they may ask you a few questions and let you go.
If No then its obvious you have not satisfied immigration you've fulfilled requirements of a PR at that point your PR card will be revoked.

Either ways you will be asked questions at the border, and your best bet is to be truthful.

 

[Leon]

If you are coming by plane, you are likely filling out a little customs form. One of the questions on there is how long you were outside Canada. What do you plan to say?

When you go through border control, they will usually ask you the same question, how long were you gone, what were you doing etc. To me, it has always seems more like chit chat than an interrogation but I am sure it can turn into the latter too if they do not like your answers.

If you tell them that you were outside Canada since July 2007, they will know that you do not meet the residency requirements. If you lie and tell them something else, they will wonder why they do not have a record of your entry between July 2007 and now.

If you admit that you do not meet the residency requirements or you lie and they don't believe you, they can start proceedings to revoke your PR. If they do, they should still let you in to Canada and give you a month to appeal.

If you get through without anybody asking or suspecting anything, then you can stay for 2 years and then apply to renew your PR card.

 

[cooldoc80]

exclude my interruption here friends

but leon from what i understood from you is that if he landed even for a couple of days in 2010 and 2009 he is more likely not to face trouble as there is a small chance they will suspect him right???

becoz they will ask him how long since you last been in canada and he will say 2010 ??

does this mean usually they know when you have entered but they cant know how long you stayed in becoz they only stamp your passport when you enter?? is this right?

thanks and i wish our friend an easy entry hopfully and keep us updated when you succeed

 

[Leon]

I don't know what they know but if you go to Canada every year, you can honestly say on entry that you were gone for a year without lying. If you are a bad liar, I am sure that would help. Also, you will not get caught in a lie when you didn't lie.

 

[Nash_85]

id keep you guys informed on how it goes, in 2 more days you'd know of my status, i think i have enough information about this and as such and im playing it safe.

 

[cooldoc80]

good luck nash just be cooooooooooooooooooool

and leon your right but all of my theory would be blown up by a simple question

" and how long did you stay in canada last time and the ones before"

 

[Leon]

If you put yourself in the situation that you do not meet the residency requirements, that is what you have to deal with. If they ask that, you have to make a decision if to own up and lose your PR or if you lie where you may contradict information they have on their computer as they are asking you and also lose your PR.

The best method to avoid this would be to not let yourself get in the situation that you don't meet the residency requirements. After all, 3 years in 5 is plenty of time to be away from the country where you are supposedly a permanent resident. Many countries will cancel your PR a lot sooner if you leave, like after 6 months away.

 

[Nash_85]

hey guys, thanks for all the info, i got through and I'm in Calgary. I was honest about the whole thing, and hence on my immigration form i wrote for the date that i was last in canada : 2007/07/21

the customs officer pointed out that i will be losing my PR since i was gone for so long, so i told her that i was studying, and Im here to live, so if she lets me in, everything will be a ok! she said she doesnt have the authority there so shes sending my to Immigration.

So at immigration now I informed the officer of the situation he interrogated me very formally, emotionless and i honestly taught i was screwed. he asked me questions and i explained myself, i had free tuition from my government, i was on a scholarship it was worthy cause i don't have money to pay for tuition here etc. he sent me to the waiting room, he took my documents, my school letters of enrollment and completion, questioned me about who do i know up here in Canada, their names, their jobs, their relationships, if i keep in contact with them etc. then back to the waiting room.

Then he asked if he files to revoke my PR what do i have to return to in Trinidad etc. i said i sold out all my belongings, car etc, id have to start over again. and then back to the waiting room.

after about an 20mins he called me up, his whole vibe was different, he wasnt an officer anymore, he was simply human, told me that hes willing to be nice and let me enter Canada because he see's no reason why if someone gets an education out of Canada for good reason why he should be angry about that, he told me i seemed like a nice honest guy working hard towards a better life and that he's not going to be someone to get in the way of that. he said he's giving me a speech, dont leave Canada soon, establish myself here, the opportunities are great etc. Finally he said, before he gives me back my documents, give him one good reason why he should let me in, i said so i can be an environmentalist, make canada proud and be proud to be canadian, he said great, dont get yourself into trouble, and make us proud. Theres alot more to it but this is the nutshell, i was just relieved that all went well and my dreams are coming true.

He said he isnt 100% agreeable with the whole system and thinks it can be unfair at times, but he just has to do his job etc.

Thanks to all , appreciate it!!

 

[newtone]

good stuff man, like I always say to people honesty is the best policy after all immigration people have a heart and they are just doing their job nothing personal welcome to canada

 

[Alabaman]

Sweet Man... Congrats! I guess you stuck here for the next two years (730 days).

 

[Leon]

Good for you. Now make sure you stay at least 730 days without leaving and don't apply to renew your PR card until you do.