Residency Obligation in Canada for a PR.


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cdn_dude   
Member since: Dec 05
Posts: 942
Location:

Post ID: #PID Posted on: 01-12-07 14:41:13

Quote:

As per the link containing info on PR status provided by Freddie (my special thanks to you), the following statement is very disturbing :

"Possession of a valid PR Card does not ensure that one's permanent resident status will remain valid until the expiry date. In some circumstances - notably where breaches of residence obligations are involved - permanent resident status can be lost before this date."

Does the above statement mean that even with a valid PR card, I am bound to lose my PR status soon and will be denied entry in Canada. Which means that the residency obligation clause is verified & enforced not at the end of validity of my PR card , but now when I enter Canada with less than 730 days in balance.



Didn't you read the reply I posted yesterday? I told you the same thing..



SANJEEVOHRI   
Member since: Apr 04
Posts: 17
Location: CURRENTLY IN INDIA BUT SO

Post ID: #PID Posted on: 02-12-07 13:42:31


So you all are of the view, that it would be futile traveling to Canada after Dec 6. Can it be possible for you to please confirm this through the PR Call centre and let me know my current PR status - valid/invalid ?



cdn_dude   
Member since: Dec 05
Posts: 942
Location:

Post ID: #PID Posted on: 02-12-07 15:59:21

Quote:
Originally posted by SANJEEVOHRI


So you all are of the view, that it would be futile traveling to Canada after Dec 6. Can it be possible for you to please confirm this through the PR Call centre and let me know my current PR status - valid/invalid ?



Well, nobody said it is futile - but told you the official rules. Most probably, once they find about your not meeting the residency obligation, you would be referred to the judge and will (most likely) be subject to some sort of hearing regarding losing/reinstating the PR status. At this stage you might be able to explain why you were not able to maintain the residency obligation. If they accept the reason, you will get your PR status but if not, you would lose it.

You should travel to Canada only if you can accept (financially and mentally) the possibility of losing the status.



ftfl   
Member since: Jul 06
Posts: 2335
Location:

Post ID: #PID Posted on: 02-12-07 16:12:09


We are not the final authority in any of the matters and issues that concern you and your family and with the Canadian Immigration Department. A rational analysis of the data with the facts available says that if you can make it back to Canada by the due date, you should have NO problem in the future, because you are a law abiding citizen.

The ultimate decision rests with the officer that you will be meting at the P.O.E. when you make your next attempt to get in. Also what you will tell him in your interrogation. {'Stick firmly in your stand and tell him that you are coming back to settle down for GOOD'.}

Do not forget that you also have eight days of stay to your credit from the first attempt, 'If you decide to make it back before the 14th of December of this year'.

It is entirely left to you and your judgment and do what suits you the most, because we do not know the situation you are in at your end there and what is it that is preventing you from returning back?

Ultimately it is your life and career and your family's future that is at stake and what counts in this matter rests squarely upon your shoulder.

There are lots of us here on this board that will step in and help you when you post a question and we will post an answer most suitable to the situation.

May God go with you. "Vaya Con Dios".

Freddie.



dudewheresmycar   
Member since: Jan 07
Posts: 980
Location:

Post ID: #PID Posted on: 02-12-07 21:21:17


This guy just outdid me.. I was only 18 days from losing PR this guys is 2-3 days from doing the same if and only if he returns..

From what i know he should be allowed to enter but if he enters by air he will be asked a lot of question at immigration, will be allowed to enter..

If he enters after the 3 years max stay outside the country a loss of residency process will be initiated and he will need to appear in immigration court to fight the case the end result of which most likely will be deportation.

Hi other option is take a Greyhound bus from detroit and hope no questions get asked .. then he does not need to show the time outside the country.



yellowknife   
Member since: Sep 04
Posts: 447
Location: Mississauga

Post ID: #PID Posted on: 03-12-07 11:37:24

Sanjeevhori,
There have been many instances of people 'landing' in Canada and leaving after 8-9 days due to some 'emergency'(which happens to last 3 years or so).

While your's may well be a genuine case, please don't ask absurd questions like if someone can check your PR status for you by calling the call centre.

As has been pointed out to you by knowledgable members like cdn_dude, simply having a valid PR card does not mean you have PR status. The PR card at that point is basically like a visa, in that it lets you travel to the country in question(Canada in this case) but does not guarantee entry. It is up to the immigration officer at the point of entry to decide whether to let you in.

So why don't you apply for a returning resident permit or something like that, or try to cheat your way back into Canada through a land border crossing?

Personally I think it is best for you to stay put in India.



ftfl   
Member since: Jul 06
Posts: 2335
Location:

Post ID: #PID Posted on: 03-12-07 11:48:29



This response is unofficial. So, to get an official response you will have to contact your local office in India. Here is what I was given to understand by the official from their department this morning.

On the back of the Maple Leaf Card, there is a location where in they mention the date of your entry into Canada. The cards are always delayed as it takes time to process and mail it to the recipient to the address provided. That is the date of reckoning for the start of the 730 days. (That is the date of entry.)

Since you are the only one who knows the exact count of the days, it will be to your advantage to keep track of the same and NOW come upto the total number of days required to fulfill the 730 days, from the date of entry, as stamped on the back of the card. Which by the by is an earlier date.

You can enter Canada and continue residing here and complete the number of days that you need, and make sure that they add to a round figure of 730 days on or before the card expires. They might give you the benefit of doubt, if there is any, at the time of renewal.

Instead of writing a letter to them, you could have made the phone call there to the CHC in India. If you had done the same, then you would be here by now.

ARE YOU READY?

If you are, then, your flight leaves tomorrow morning from ??? "Sahar"? Dum Dum.

Freddie.





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