Validity of PR at POE without completing 730 days

[EDGO]

Hi all,

I landed in Canada in Jan 2006 as PR with my family. I stayed for a short time and then got back and stayed for another 3 months in 2008. I have been living outside Canada since due to certain family obligations. And my PRC will expire in Jan 2011.
In my situation, I still have a valid PR card but obviously lost PR status through being away too long, as I could not complete my 730 days.
However, I wish to visit once more (prior to expiry of my PRC) by air and I am not sure if I will be let in.
My questions are:
Can I enter and leave Canada until the Expiry Date written on the PR CARD "without being questioned" regardless of the time spent physically in Canada?
OR I will be stopped to enter and deported on POE (airport)?
OR I will be able to enter anyway but only after a through questionning by IO and have to submit an Appeal to the Immigration Appeal Board and state that I will "leave" Canada "within 30 days of entry"?

Any guidance will be highly appreciated.
Thanks in advance,

 

[turab16]

as far as i know, you can come in without any problems before the PR card's expiry date. once you get in make sure you do your obligation of staying here continually for two years.. in my opinion that is.

 

[PMM]

Hi

as far as i know, you can come in without any problems before the PR card's expiry date. once you get in make sure you do your obligation of staying here continually for two years.. in my opinion that is.

Not quite right, the OP has to meet his residency obligations, and IO will look backwards to determine if s/he has met them, or forward to determine if there is sufficient time in the 5 year period for the OP to meet his/her residency obligations.

PMM

 

[Leon]

Quite a few people seem to have been able to get into Canada without meeting the requirements without any questions asked. If that happens, be prepared to stay in Canada for a full 2 years if you want to keep your PR. I have seen people asking on here if it's not ok to leave again just for a short vacation but actually they should consider themselves lucky that they got in and might not be so lucky again the second time.

The immigration officers are in their full right to question your PR status when you arrive at the border. If they suspect that you don't meet the residency requirements, they will let you in but give you a time limit to prove that you meet the requirements. If you can't prove that, you can appeal on H&C grounds if you have any but otherwise you lose your PR.

 

[EDGO]

Thank you all for the replies.

Supposing I am let in -there is no deportation at POE- even if I didn't complete the 730 days but will be "reported" if stopped.
In case of a report, I am removed within 30 days if I don't appeal, that is clear.

- When I admit an appeal, how long can I stay in Canada? Until the expiry date of my PRC?
- How long does it take the appeal to conclude?
- What would be the time limit to prove that I meet the requirements? (730days from this reported entry?)
- Would this report effect my possible future application?

Thanks in advance,
Edgo

 

[Leon]

As far as I know, your limit to appeal as well as your limit to prove that they were wrong and that you do indeed meet the residency requirements (which you don't so would be hard to prove) is 30 days. You could also appeal on H&C grounds for hardship reasons, why it would be undue hardship for you to lose your PR or that you had good H&C reasons for not being able to live in Canada, taking care of a sick relative, whatever. Even if your reasons are completely bogus, they still have to look at your appeal but I do not know what will happen to your status in the meantime. I suppose you are considered PR until they officially say that you are not. You could also just admit that ok, I don't meet the residency requirements and I willingly relinquish my PR and please let me in for a visit.

I don't think any of this has any bearing on future PR applications unless if maybe you get caught trying to lie to them.