When must i be back to Canada?

[zardoz]

I also spoke to an immigration lawyer in BC, and she said same thing as CBSA. Funny they would both say the same thing. She also said I had mitigating reason to be away longer anyway. She said even if CBSA asked me questions they would still allow me in, as have proof as to why I was in UK. Prosecuting a parent for historical abuse is reason for compassionate grounds. Nobody can be at fault for having no control as to how long a crime takes to be investigated. However, she said I would be able to get back in anyway. She has been immigration lawyer for 21 years.

Read https://www.canada.ca/content/dam/ircc/migration/ircc/english/resources/manuals/enf/enf04-eng.pdf Section 11.4

In cases where:  permanent resident status is established; and  the BSO believes on a balance of probabilities or reasonable ground to believe, as the case may be, that the person is in non-compliance with IRPA for failure to comply with residency obligation (A28, A41(b)), or inadmissible to Canada for any other reasons outlined at A34, A35, A36, A37, A40, or A41;
the BSO at Immigration Secondary may report the person (pursuant to A44(1)) if there is sufficient evidence to support an inadmissibility allegation. In the absence of sufficient evidence to support the writing of an inadmissibility report, the BSO may enter any available information into GCMS (date of entry, last country of embarkation, current address in Canada, etc.) and forward notification of the same to a CBSA inland office in Canada to determine whether an investigation is warranted.

 

[Chicbrit]

Read https://www.canada.ca/content/dam/ircc/migration/ircc/english/resources/manuals/enf/enf04-eng.pdf Section 11.4

In cases where:  permanent resident status is established; and  the BSO believes on a balance of probabilities or reasonable ground to believe, as the case may be, that the person is in non-compliance with IRPA for failure to comply with residency obligation (A28, A41(b)), or inadmissible to Canada for any other reasons outlined at A34, A35, A36, A37, A40, or A41;
the BSO at Immigration Secondary may report the person (pursuant to A44(1)) if there is sufficient evidence to support an inadmissibility allegation. In the absence of sufficient evidence to support the writing of an inadmissibility report, the BSO may enter any available information into GCMS (date of entry, last country of embarkation, current address in Canada, etc.) and forward notification of the same to a CBSA inland office in Canada to determine whether an investigation is warranted.

Are you a lawyer by any chance? I just find it baffling why a CBSA Agent and a lawyer would tell me there is nothing to worry about. The Agent said they usually don't question people with valid PR cards. I have travelled lots and I have never ever been questioned by one. I am getting very sressed out by this conversation. I suffer with Complex PTSD and this has upset me a great deal. I think I will leave this site as too negative.

 

[Bs65]

Let’s all give the OP a break they came here for advice , it was given, they understand that advice and what happens next is up to them. They have been in Canada for 31 years assume paying taxes so they deserve a break as we all would hope for when dealing with issues thousands of miles away.

 

[canuck78]

Let’s all give the OP a break they came here for advice , it was given, they understand that advice and what happens next is up to them. They have been in Canada for 31 years assume paying taxes so they deserve a break as we all would hope for when dealing with issues thousands of miles away.

I just don’t think she may have been explaining her situation and I don’t trust any customer service line. The best question to as would be when Were you in Canada from July 2014-July 2019? Does it equal 730 days. If so you are currently in status. You can keep on doing this exercise for various times if you want to know if you are in status. If you are out of Canada longterm you should also be inform your provincial healthcare authority so they can freeze your card so there isn’t any fraud attempted with your number. There are also residency obligations to be met that are specific to healthcare even if you have a valid healthcard you can look up your provincial healthcare plan.

You will be let into Canada as a PR whether a person gets reported. They are able to appeal not making the RO. You would have to show that you couldn’t leave the other location. The best example is you had to care for an individual with cancer without any family in the area and provide receipts from regular hospital stays, treatments, doctor visits, etc. It’s unclear if you are there for a court case but I can’t imagine e that would be 2-3 years.

https://settlement.org/ontario/immigration-citizenship/permanent-residence/permanent-resident-pr-status/what-are-the-residency-requirements-for-permanent-residents-prs/

 

[CanuckBrit]

I just don’t think she may have been explaining her situation and I don’t trust any customer service line. The best question to as would be when Were you in Canada from July 2014-July 2019? Does it equal 730 days. If so you are currently in status. You can keep on doing this exercise for various times if you want to know if you are in status. If you are out of Canada longterm you should also be inform your provincial healthcare authority so they can freeze your card so there isn’t any fraud attempted with your number. There are also residency obligations to be met that are specific to healthcare even if you have a valid healthcard you can look up your provincial healthcare plan.

You will be let into Canada as a PR whether a person gets reported. They are able to appeal not making the RO. You would have to show that you couldn’t leave the other location. The best example is you had to care for an individual with cancer without any family in the area and provide receipts from regular hospital stays, treatments, doctor visits, etc. It’s unclear if you are there for a court case but I can’t imagine e that would be 2-3 years.

https://settlement.org/ontario/immigration-citizenship/permanent-residence/permanent-resident-pr-status/what-are-the-residency-requirements-for-permanent-residents-prs/

 

[CanuckBrit]

Unfortunately the justice system in UK is very slow. Historical sexual abuse cases take forever to investigate as very complicated. No person has control over that situation. Also, it is a very traumatic thing for a person to come forward and report. As the case required the metropolitan police to interview persons in England and Canada and gather various forms of evidence it takes a very long time. In this day and age this should be view as humanitarian and compassionate grounds for not meeting residency requirement. It would be heartbreaking to think a person suffered so much in life at hands of abusers, bravely came forward and then was punished by Canada harshly for not meeting residency requirement, when there have been no prior breaches. People do deserve a break when some situations are totally out of their control. Some would want to tie up all the loose ends in England and leave that awful pain there where it belongs, and start fresh in Canada again. No person should be punished for attempting to prosecute a person who abuses children. I have proof from police, CPS, other witnesses who can attest to what I was doing. As I have a valid PR card with lots of time left on it and up to date passport will I get hauled aside in Vancouver? Do the automated kiosks have red flags built in to a person's files? I have never been asked how long I have been out of country by any border agent, so unsure what will happen. I am terrified that men will drag me off to a room and be aggressive in their questions, and then throw me back on plane to UK. I have not set up a life back in the UK and have many ties to Canada still. I plan to have my own home business when I get to Canada. Just feeling in panic mode now as would never intentionally breach residency requirement. Even I had known (which I didn't) I would not have been able to afford to keep flying back and forth.

 

[canuck78]

Unfortunately it does look like you currently don’t meet the RO if you have been out of Canada since 2014. Actually it is really rare for renewed PR cards to have to be mailed to a home. Usually you have to pick up in person. As a PR you have the right to enter Canada. Whether you are reported depends on CBSA. Yes you can certainly try to appeal based on H&C reasons. I am very sorry that you are going through this but I am just confused as to why you would have to stay for 6 continuous years. Knowing the justice system they do interviews and then investigate and then there is a trial but there should be long periods of time after you’ve given your statements where nothing happens until the trial starts. Even if you had to give repeat statements you could have come back to Canada for large stretches of time and returned for the trial once it eventually occurred.

 

[CanuckBrit]

There were many hiccups in the case. As I suffer with Complex PTSD it was impossible for me to have any life during case. I was fragile and in a bad way. Nobody can understand unless they have actually been through a case like it. It is not my fault it took so long. I did not want this getting in the way of my life in Canada which it would have. I did not stay away for six years non stop. I did have two visits in 2014 and 2017. I was told when I renewed my card I would be safe to stay away. My card was mailed to my residential address in Canada. It is becoming quite common now for this to happen. I had one before that mailed to me as well. I think it really depends if there is a local office. CBSA told me as I have a valid PR card with lots of time left on it not to worry too much. I did not know about rollover and not everyone does. Believe me when I get back, I will promise not to leave for three years and get my citizenship. I was so upset when they claim they never received my prior citizenship application. With all the stress and trauma I was going through I was not exactly thinking about papers. I work as a paralegal when I work in Canada, so am very aware how slow historical abuse cases are. They are very complex given how much time passes before crimes reported. I just hope if I am stopped in Vancouver, I get a decent CBSA agent. After all it is up to them whether to report you or not. I have spoken to three now on the phone and they say in a situation like mine they would not want to punish me. One told me I would be fine as my card is not expired or anywhere near expiry. I have never ever been interviewed by CBSA when going back and forth. I will of course speak to a lawyer again and get all my paper work ready in case I am stopped. Many criminals get through who don't meet requirements. I am not a criminal and did not set up life in UK. I cannot be to blame for suffering with Complex PTSD and losing myself due to the case. Not a shock really. In today's world there should be more compassion by immigration in such serious matters.

 

[canuck78]

How long have you actually spent in Canada since 2013?

As you have said others have been interviewed in Canada and you feel traumatized by being in the UK, I just can’t quite understand why you haven’t returned to Canada after your initial interviews. It seems like the police have been willing to interview in Canada so follow-up interviews could have been conducted in Canada if needed. I assume you wouldn’t qualify for healthcare in the UK if you are a visitor while you would in Canada if you had met the residency obligation for healthcare coverage. Knowing that these cases takes years to come to trial after you have given all your evidence I just don’t quite understand why you didn’t return and how the UK didn’t make you return.

At this point there is nothing you can really do about your situation so focus on the eventual trial and then deal with immigration if you have to.

 

[CanuckBrit]

I was born and raised in UK. The abuse happened in UK. Canada has no jurisdiction over it. Yes, I do qualify for medical care in UK as am still considered British Citizen. As stated, unless you have been through it personally you would have no idea why a person behaves in such a way. I suffer with a mental health condition caused by the abuse. Going back and forth during this case would have been impossible. I wanted to keep it here in UK and not have it haunt me in Canada. Not hard to understand, as I deserve to leave the past in UK and have fresh start when Ieave. Not being rude, but when you go through it, you truly do end up with serious health issues. I was not myself at all and was not capable of getting up each day, let alone thinking about much else. I was in a traumatic state non stop. Normal for those in the situation. The police went to Canada to question my mother as she is British Subject living in Canada. Cheaper than bringing her back to UK with her lawyer. I just find it insulting that people actually try to put blame on victim for being in such a state of trauma, they could not function, let alone have immigration on their mind.

 

[keesio]

I just find it baffling why a CBSA Agent and a lawyer would tell me there is nothing to worry about

Not everyone is properly versed in all the rules, even people whose jobs are to enforce them.

Just recently my wife and I (we are citizens of Canada) encountered a testy CBSA officer when attempting to re-enter Canada. After a long exchange and some mild threats about refusing us entry, he sent us to secondary. At secondary, there were two officers. The main officer there scanned our documents and quickly said we were good to go. I asked why the initial officer sent us to secondary in the first place and asked if his reasoning was true. The main officer in secondary said the initial officer is within his rights to send anyone he is suspicious to secondary - but that his reasoning for it was based on some misunderstanding of some parts of the rules. As my wife and I left secondary, I heard the main officer and the second officer there talking. The second officer was asking why he let us go so quickly and the main one was explaining something, though I couldn't make out the rest of the conversation.

In any case, there were three CBSA officers I saw and only one of them have a complete understanding of the rules.

 

[evdm]

First and foremost, I do hope that CanuckBrit is able to deal well with what appears to be a very challenging personal situation and come out better at the end.

Regarding immigration, I can imagine it's the last thing that you want on your mind right now; however, there do appear to be some misunderstandings. Here are some claims and direct citations from the Immigration and Refugee Protection act to support those claims (below).

A Permanent Resident has the right to enter Canada.

27 (1) A permanent resident of Canada has the right to enter and remain in Canada, subject to the provisions of this Act.

https://laws.justice.gc.ca/eng/acts/I-2.5/page-7.html#docCont

The residency obligation says that at examination you must have been in Canada for 730 days in the last 5 years.

• 28 (1) A permanent resident must comply with a residency obligation with respect to every five-year period.
  
  
• Application
  
  (2) The following provisions govern the residency obligation under subsection (1):
  
  
  • (a) a permanent resident complies with the residency obligation with respect to a five-year period if, on each of a total of at least 730 days in that five-year period, they are
    
    • (i) physically present in Canada,
      
      
    • (ii) outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent,
      
      
    • (iii) outside Canada employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province,
      
      
    • (iv) outside Canada accompanying a permanent resident who is their spouse or common-law partner or, in the case of a child, their parent and who is employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province, or
      
      
    • (v) referred to in regulations providing for other means of compliance;
      
  • (b) it is sufficient for a permanent resident to demonstrate at examination
    
    • (i) if they have been a permanent resident for less than five years, that they will be able to meet the residency obligation in respect of the five-year period immediately after they became a permanent resident;
      
      
    • (ii) if they have been a permanent resident for five years or more, that they have met the residency obligation in respect of the five-year period immediately before the examination; and [emphasis mine]
      
  • (c) a determination by an officer that humanitarian and compassionate considerations relating to a permanent resident, taking into account the best interests of a child directly affected by the determination, justify the retention of permanent resident status overcomes any breach of the residency obligation prior to the determination.

https://laws.justice.gc.ca/eng/acts/I-2.5/page-7.html#docCont

Upon examination (by CBSA or IRCC), when there is suspicion that a PR is in breach of the residency obligation, a report can be made leading to the issuance of a removal order:

• 44 (1) An officer who is of the opinion that a permanent resident or a foreign national who is in Canada is inadmissible may prepare a report setting out the relevant facts, which report shall be transmitted to the Minister.
  
  
• Referral or removal order
  
  (2) If the Minister is of the opinion that the report is well-founded, the Minister may refer the report to the Immigration Division for an admissibility hearing, except in the case of a permanent resident who is inadmissible solely on the grounds that they have failed to comply with the residency obligation under section 28 and except, in the circumstances prescribed by the regulations, in the case of a foreign national. In those cases, the Minister may make a removal order. [emphasis mine]
  

https://laws.justice.gc.ca/eng/acts/I-2.5/page-10.html#docCont

Upon enforcement of the removal order, permanent residence status is lost:

46 (1) A person loses permanent resident status

• (a) when they become a Canadian citizen;
  
  
• (b) on a final determination of a decision made outside of Canada that they have failed to comply with the residency obligation under section 28;
  
  
• (c) when a removal order made against them comes into force; [emphasis mine]
  
  
• (c.1) on a final determination under subsection 108(2) that their refugee protection has ceased for any of the reasons described in paragraphs 108(1)(a) to (d);
  
  
• (d) on a final determination under section 109 to vacate a decision to allow their claim for refugee protection or a final determination to vacate a decision to allow their application for protection; or
  
  
• (e) on approval by an officer of their application to renounce their permanent resident status.

https://laws.justice.gc.ca/eng/acts/I-2.5/page-10.html#docCont

CBSA and IRCC officers are tasked with enforcing these provisions.

You may wish to seek a second opinion from a different immigration lawyer than the one that you have consulted, specifically asking them about your situation as it pertains to your residency obligation. A good lawyer will never make promises or offer a definitive statement, because frankly they don't know what will happen and incorrect advice can lead to allegations of malpractice. A good lawyer will explain the law to you and how it affects your case. I am not a lawyer, but I do have an understanding of the law.

 

[canuck78]

I was born and raised in UK. The abuse happened in UK. Canada has no jurisdiction over it. Yes, I do qualify for medical care in UK as am still considered British Citizen. As stated, unless you have been through it personally you would have no idea why a person behaves in such a way. I suffer with a mental health condition caused by the abuse. Going back and forth during this case would have been impossible. I wanted to keep it here in UK and not have it haunt me in Canada. Not hard to understand, as I deserve to leave the past in UK and have fresh start when Ieave. Not being rude, but when you go through it, you truly do end up with serious health issues. I was not myself at all and was not capable of getting up each day, let alone thinking about much else. I was in a traumatic state non stop. Normal for those in the situation. The police went to Canada to question my mother as she is British Subject living in Canada. Cheaper than bringing her back to UK with her lawyer. I just find it insulting that people actually try to put blame on victim for being in such a state of trauma, they could not function, let alone have immigration on their mind.

Not blaming the victim but you did say that you have lived in Canada for 31 years and you suggested that you had spent the majority of you life in Canada and had no desire to spend time in the UK because it was so traumatic. Unfortunately if that is the case you do have to worry about immigration or ask others to look into immigration. Pointing out that you could have returned between the interviews and the trials will likely be what IRCC or CBSA will also ask so you will have to show medical proof of why you couldn’t return given you had access to healthcare in Canada.

The 2013 citizenship application would have likely not gone through because it did sound like you were in the when the citizenship exam and interview likely would have occurred and you had to show intent to live in Canada which may have been difficult at that time given that you seem to have been already been spending time in the UK at the time.

 

[CanuckBrit]

I had to live here in UK as could not have this with me in Canada. Not rocket science to understand it. Unless you have lived it, you have no idea what you are talking about. Not trying to be rude but you honestly have no clue what I have had to do. I would have got citizenship in 2013 as had lived there 31 years without more than a holiday. I do have evidence from police, counsellors and GP here to explain what I was doing. I could not have returned between the interviews as was mentally ill. I was unemployed and suffering as many abuse survivors do. Any decent human being would understand that. Just weird I have never ever been stopped and examined in all the years of travelling to and from Canada. I needed to be here as there was a lot I had to with respect to case. I assume you must be an immigration lawyer then, as you seem to have all the answers. However, you are missing the humanitarian and compassionate grounds. Nowadays all decent people are far more sympathetic and understanding in a dire situation. From what Border Agents told me, they would need to suspect me of something before they would drag me off to interview room How is the dirt bag criminals and others seem to get in when they certainly do not meet residency requirement? I have all my belongings in storage which I pay for monthly, have maintained bank account, have an address in Canada and still file my tax returns every year. Lawyers seem to think I would likely not be reported as it was an honest error. I honestly did not know about rollover until yesterday. I have now spoken to five different border agents and they all seem to think I would be okay. Unless an alarm rings when I scan my PR card in Vancouver, I am not sure how they would know to examine me. Usually when I fly in, there are several flights arriving at same time. I will have all my paperwork ready to prove what I have been doing. Nobody should ever be punished for something like this. People do have breakdowns, etc which are totally out of their control. I thought nowadays we were caring toward victims of such a horrific crime. I was told I would indeed have met requirements in 2013 for Citizenship as I had lived there 31 years when I made application. I would have got it in 2014 as met all requirements. I have had that verified by Immigration. Such a shame they never received it.

 

[canuck78]

I had to live here in UK as could not have this with me in Canada. Not rocket science to understand it. Unless you have lived it, you have no idea what you are talking about. Not trying to be rude but you honestly have no clue what I have had to do. I would have got citizenship in 2013 as had lived there 31 years without more than a holiday. I do have evidence from police, counsellors and GP here to explain what I was doing. I could not have returned between the interviews as was mentally ill. I was unemployed and suffering as many abuse survivors do. Any decent human being would understand that. Just weird I have never ever been stopped and examined in all the years of travelling to and from Canada. I needed to be here as there was a lot I had to with respect to case. I assume you must be an immigration lawyer then, as you seem to have all the answers. However, you are missing the humanitarian and compassionate grounds. Nowadays all decent people are far more sympathetic and understanding in a dire situation. From what Border Agents told me, they would need to suspect me of something before they would drag me off to interview room How is the dirt bag criminals and others seem to get in when they certainly do not meet residency requirement? I have all my belongings in storage which I pay for monthly, have maintained bank account, have an address in Canada and still file my tax returns every year. Lawyers seem to think I would likely not be reported as it was an honest error. I honestly did not know about rollover until yesterday. I have now spoken to five different border agents and they all seem to think I would be okay. Unless an alarm rings when I scan my PR card in Vancouver, I am not sure how they would know to examine me. Usually when I fly in, there are several flights arriving at same time. I will have all my paperwork ready to prove what I have been doing. Nobody should ever be punished for something like this. People do have breakdowns, etc which are totally out of their control. I thought nowadays we were caring toward victims of such a horrific crime. I was told I would indeed have met requirements in 2013 for Citizenship as I had lived there 31 years when I made application. I would have got it in 2014 as met all requirements. I have had that verified by Immigration. Such a shame they never received it.

I don’t think you understand that people are pulled over from immigration for numbers game. You meet the requirement for PR or you don’t. When it comes to being pulled over for residency violations it has nothing to with anything else.