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| Subject: Lost status but PR card still valid |
I have lost my status, as I have not met the 730 days rule, My PR card still valid for another 18 months. Can I still enter Canada with my PR card. Immigration has already noted that I am not very regular in my stay. I am away because of my mother.
[23-12-2010,09:26]
[**.254.146.84]
John |
(in reply to: Lost status but PR card still valid)
Lost Status ----- HOW?
If you have not complied with your residency status that is a fact, but.....
You need to focus on the (Law) it is 730 in any 5 year period. No one other than those authorities authorized can remove a PR status and then there is an appeal process allowed.
If you have not been caught abusing residency you have no issue.
Your comment is like saying I have lost points for speeding because I was going 71 Kilometer/MPH in a 50 Kilometer/MPH zone and I know I am wrong so I have lost the driving points. Yet you never received a speeding ticket.
That does not mean that you were wrong on both counts.
Being penalized for your wrongful acts is a whole other issue.
Roy
cvimmigration.com
[23-12-2010,10:31]
[**.229.21.127]
Roy |
Lost status but PR card still valid (in reply to: Lost status but PR card still valid)
Yes but Roy,
As soon as this gentleman will show up at a POE CIC officials will ask him...once they check the stamps..they´ll make the calculation and hop! Voila! they will declare him a criminal for failing to comply with the law (21st century, this one is really hard to swallow.
How can he get away with this?? Compationate and Humanitarian grounds??
[23-12-2010,12:16]
[**.116.58.22]
john (another one) |
(in reply to: Lost status but PR card still valid)
Catching someone is not as easy as it seems. When was the last time you sped and you got caught? Or better how often do you speed on the highway and how often do you get caught.
My comments were regarding the fact that he had NOT lost his status in any way shape or form.
I am not telling anyone to lie but what stamp would they be checking?????
There are no exit stamps when anyone leaves Canada.
Most Citizens from other countries are never stamped in to their home country so there is little if any solid evidence of how long the person (PR) has been out of Canada.
So what stamps would the POE Officer be checking?
I do not reply if my comments do not make common sense. Read again my original reply John to the persons posting.
John 254.146.84 has a valid PR card which will allow any airline to let in board. If he gets questioned at a POE he will need answers to basic questions and in no way did I tell him to misrepresent anything.
I was correcting his assertion that he had LOST his PR status. Please note the title of his post.
[23-12-2010,12:49]
[**.229.21.127]
Roy |
(in reply to: Lost status but PR card still valid)
Maybe I should be more explicit. I currently cannot make the 730 days but have not been told I have lost my status. What happens when I arrive at a POE and the calculation is made and it is found I am short. what happens next with the immigration official
[23-12-2010,13:36]
[***.146.0.54]
john |
Lost status but PR card still valid (in reply to: Lost status but PR card still valid)
There is a pretty good chance he will declare you in violation of your "legal obligations" and declare you inadmissible for entry in country right there.
Granted, he will probably give you 15 or 30 days to "liquidate" your assets and leave but the end result will be that you´ll be banned from entry for 5 years (if I´m not mistaken, like you´were a mafia boss or something, I find this really legally ugly,out of balance and proportions )
Now of course if you tell him your intention is to challenge the decision before the IRB you´ll be free to enter but you´d better show up at the hearing with your attorney. Then again what are the chances you can convince the IRB members you had some compelling reasons not to comply.
It makes me sick just to think of this crazy admin trip.
I wish you the best of luck anyway. It shouldn´t be like that, this 2 years out of every 5 is really crazy. I think many PRs are going to lose their rights in the future with this thing, it´s unworkable.
[23-12-2010,14:08]
[**.116.58.22]
john (another one) |
(in reply to: Lost status but PR card still valid)
john, you write as if it is criminal not to meet the obligatiosn please stop making a fool of yourself, i expect some mature contributions. The PR card is obtained volountarily and I can decide to retun it if I do not need it anymore.
[23-12-2010,14:28]
[***.146.0.54]
john |
(in reply to: Lost status but PR card still valid)
Unworkable ?
If you cannot live in a country for less than half of the time, why consider yourself a permanent resident?
Technically speaking if you live in a place for 6 months less a day you are only a visitor (by world standards) so only 2 years out of each 5 year period is extremely forgiving.
For the OP.
If you have strong humanitarian and compassionate grounds (sick mother or whatever the scenario) make sure you let the officer at the POE know this if he writes a report against you. You will still be allowed to enter, however you will be given a date to plead yoru case.
Good luck and merry christmas.
[23-12-2010,14:30]
[**.55.28.135]
jp |
(in reply to: Lost status but PR card still valid)
I believe the best option might be to return the PR card and apply for a visiting Visa to take care of outstanding issues. If one has no H&C case is that ok as well
[23-12-2010,14:38]
[***.146.0.54]
john |
Lost status but PR card still valid (in reply to: Lost status but PR card still valid)
John,
Misunderstanding here,
I didn´t write the law, yes if you give the PR card BEFORE being found in non compliance and then you´re safe. Read the Law carefully with all the supporting admin norms, you´ll be unpleasantly surprised.
Mind you some people are not aware of this subtle nuance and do end up with an entry ban as if they had committed a misdemeanor or a crime. This obligations is quite recent, generations of PR before never had to deal with it. Personally I find it difficult to combine with a 21st century labor market which went global.
[23-12-2010,15:04]
[**.116.58.22]
john (another one) |
(in reply to: Lost status but PR card still valid)
I have a different take than most others here. If your PR card is still valid, you should be able to enter with no difficulty. Border Officers don´t know (nor I don´t think care) how much of your 2 year residency requirement of your 5 year period was satisfied or not. As long as the card is valid (if you need the card to enter Canada).
The other point is that once you re-enter Canada and resume your residency, the time period for calculating residency begins NOW. In other words, satisfying residency is based on looking back over the LAST 2 years from NOW, not forward from when your PR card was issued or the issuance date on the card.
Don´t let others here intimidate you with fear mongering or judgmentalism.
[23-12-2010,19:07]
[**.47.175.80]
Richard |
