Posted on: 09-01-06 00:24:53
Quote:
Orginally posted by NorthYorkDesi
The Easy way: Do like everyone else does and tell a lie. When your spouse and child reenters Canada they can tell Customs that they were away for only two/three months. Very rarely do the CRA agents check the passport. Canada does not have exit controls , so there is no real proof of date of exit.
The Legally right way: When your spouse and child reenter Canada , tell the truth. They will not be detained/deported. The case will go before an immigration judge. There you can explain the circumstances ("My father was critically ill" etc.) Since you were residing in Canada the whole time the judge is going to rule that your spouse PR is still valid. Go home and be happy.
In case the judge rules that your spouse has lost her PR , you can appeal on humanitarian grounds. The chance that you will lose the case and the appeal is almost zero.
Hey NorthYork Desi,
just remember one thing before advising people to lie
(i) all the passenger records are now maintained for upto last three years due to 9/11 and it is not difficult to trace your movements in and out of Canada.
(ii) There is an entry and exit stamp in passport by Indian offcials that gives out her time of entry into India and exit from India.
You can lie your way but remember, it may have implications on their citizenship in future. so better be honest
Candyfloss, as I said if your wife and child are going to stay less than 3 years then you don't have to worry. If they stay more than 3 years, you have two choices:
(i) Let your wife travel to Canada and lie to the officer (which I do not recommend)
(ii) Let your wife travel to Canada and tell the truth to the officer (which I do not recommend).
(iii) Sponsor her again. (which I think is the correct way. However, please contact CIC office and ask them for advice).
Also if Candyfloss fulfills his 2 years of stay in Canada as per the 2 years out of 5 years rule, and then goes out of canada and lives in India with his wife and children for two years, then his wife and child being dependent on him, they accumulate all days spent with him (spouse of canadian PR) as having spent in Canada and hence they will not lose their PR.
Regards,
maple_asian
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" it is not difficult to trace your movements in and out of Canada"
It amazes me to see how much people believe in the ability of the Canadian government to track it's population. Agreed that with the proper system in place it is possible to track entry and exit. Now if you say that the U.S has such a system it is believable. They throw 100 times more money at I.T than Canada. Why do you think Uncle Sam doesn't trust Canadian border security?
Bottomline: It requires HUGE investment to track border crossings. The puny budget that our CIC has goes more to pay our venerable senior employees and fund their obscene pension plans. As long as your name ain't Mohammed you have nothing to fear.
"There is an entry and exit stamp in passport by Indian offcials that gives out her time of entry into India and exit from India"
Just think of the legal implications here...Any decision made on the basis of the stamp can be challenged. Do you think the Indian government is going to testify?
There is a risk inherent in this...but the risk is smaller than what we face everyday in India. The chance of getting run over by a car or truck in Bangalore is probably ten times higher!
Another point that I don't understand is the fear of this country's legal system by the same fellows who wouldn't think twice about breaking the rules in India. You tell so many lies. You pay so much in bribes. Yet the minute you land in Toronto you feel it is "better be honest"!
