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| Subject: Lost status but PR card still valid Part II |
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What Richard told you is not really true. CBSA do cares if you meet the residency requirements and this is how it works.
1- You haven´t lost your status as of yet.
When you enter Canada, the CBSA officer is going to ask, how long you´ve been away from Canada. He/she cannot revoke the status at the POE. He/she may notify CIC and then they may come after your PR.
In your customs declaration you have to write your address and YES the officer may send you to a secondary inspection to get more details about you.
The other way how CIC comes after people for failing with their residency requirement is when they apply for a new PR card.
Whether you go through the process or not of CIC revoking your status that is a different story and it is up to the officers to report it or not, you have to keep in mind that there is a law about it and you have failed your part of the deal. Advices such as "border officer only care about your card not your status" or "Canada has no exit stamps" are rather poor because those advices do not prepare you for the real deal.
The fact is that CIC revokes PR status for people failing their residency requirements. It is cristal clear in the law. And lying to a federal officer in a federal inspection point is an offence. Keep that in mind.
[23-12-2010,23:32]
[***.166.240.141]
DocD |
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(in reply to: Lost status but PR card still valid Part II)
Even if Border Services asks how long you´ve been outside of Canada, they´re not going to tally up with 100 questions to calculate if residency has been met. And they´re not going to come after anyone... stop with the fear thing. You make Canada sound like North Korea.
There is no obligation to apply for a new PR card, DocD. A resident can lawfully live in Canada without PR card renewal. Of course, if required as travel documentation when returning across the border it may be needed, but not to meet residency purposes. There is no such law... state it if it exists.
[24-12-2010,00:37]
[**.47.175.80]
Richard |
Lost status but PR card still valid Part II posting (in reply to: Lost status but PR card still valid Part II)
Richard,
I wish you were right about this but believe me they DO go for the 100 questions at the POE (They have to, it´s not their decision, it´s the legislator´s call here, they have no way around it) and they DO make the day count and, yes I´m glad you mentioned it the whole exercise does sound like North Korea during those very long minutes. It sure ain´t exactly fun.
As soon as you arrive at POE they see a PR card BANG! you´re taken to the side and they go for it. This issues comes back time and again on the forum, I suspect many people won´t have any other choice than to voluntarily surrender their PR Card and no, they are not false refugee claimants living on wellfare...They usually are of the productive hyperactive type with businesses all over
[24-12-2010,01:38]
[**.116.58.22]
john (another one) |
(in reply to: Lost status but PR card still valid Part II)
Common Sense People!!!!
How many permanent residents fly back into Canada with a valid PR card every single day? WELL??
There is no way that CBSA can send in every single PR to have a secondary CBSA Officer sit there and count whether he has been outside of Canada too long. Just turning the pages of ones passport can take hours with writing down each and every stamp to do the calculation.
Look at it this way that those who do not require a PR card from Visitor Visa exempt countries abuse the system by saying their coming to visit Tome, Dick or Harry when they have not been here for years. Soooooooo.
A person from a country that requires a Canadian Visitor Visa hence a PR card to get on the plane is not a stupid person either. They know they have not complied with the residency requirements. They know they may get asked questions when they return so they make plans to further curcumvent the procedures.
Richard is right, DocD is right!
DocD states that it is an obligation to send a PR card holder into secondary to have his residency obligations assessed. True! But there must be clear evidence to warrant such an intrusion into any PR residency situation.
No clear evidence, Welcome Home!
Richard is bang on!
Especially at real airports unlike some back water International airport that is lucky to get two international flights a day other than ones from the USA. Can you just see only one Officer sitting there asking 100 questions while the Canadian Citizen and PR line does not move???
We do not have CBSA Gestapo Officers but we probably do have a couple super enforcement minded types who say those who have been only been inside of Canada for 729 days in any five year period MUST be punished.
***
Lets say an intelligent unscrupulous Permanent Resident who knows she/he may face the Gallows for being outside of Canada too long wishes to return.
All he/she has to do is have a friend or family member purchase him a return ticket in Canada showing an abscence of two weeks. Tear out the ticket to his home country and flies home on the return portion of the ticket.
When he/she arrives at the POE claim they have only been outside of Canada for two weeks and since he has a ticket to prove same the odds of him going into seconday to have another officer g o through his Passport page after page to calculate residency is virtually nil!
****
I feel that anyone who has gone through the LONG process of obtaining PR status has a very real obligation to maintain that status.
Merry Christmas all.
Roy
cvimmigration.com
[24-12-2010,08:48]
[***.93.33.92]
Roy |
(in reply to: Lost status but PR card still valid Part II)
Roy, what is the procedure for returning a PR card, because as it is, it is unlikely that I even want to continue with the PR thing as I currently have a job in my country and I am unable to get one in Canada inspite of several applications. I guess my age of 54 places me at a disadvantage. At the time I applied some 7 years ago my circumstance was different and then the recession came and time just seems to have run out on me.
[24-12-2010,11:18]
[***.146.0.54]
john |
(in reply to: Lost status but PR card still valid Part II)
Richard,
Nobody said that the CBSA will calculate somebody else´s residency requirement.
The question is very simple, how long have you been out of Canada?
In the PR card says the day that this person became a Permanent Resident, so the math is pretty simple especially when someone has been out of Canada for several year on a row.
I never said that there is an obligation to apply for a PR, however for citizens from countries where a visa is required to enter Canada they would need to apply for a PR card, that is very simple, I can point you to the law if you need to educate yourself about it.
Mentioning that I make sound Canada as "North Corea" is pretty silly by the way, we have laws and procedures, that´s it.
That´s it no more no less. It ain´t hippy land as much as you would like it to be.
Roy,
No the CBSA officer is not going to send every single PR to secondary, it doesn´t make any sense.
However, there are A LOT of cases where PRs have been absent from Canada for several years on a row and they are send to secondary to gather some information about them. It is not CBSAs responsability to revoke their status. CBSA just notifies it to CIC and they will take it from there.
I just don´t want readers (PRs) to see that it is OK to leave Canada for several years, that Canada has no exit control and should hold their breath on that. Or CBSA officers "do not really care about that" or have no way to control it. WRONG!
That´s my whole point. There are only two sides of an immigration case. The wrong side and what the law says.
Merry Christmas all.
[24-12-2010,12:39]
[***.166.240.141]
DocD |
(in reply to: Lost status but PR card still valid Part II)
If the Old John wants to remain in Canada... Good for him. But, as he seems to have realized, there is no gold rush in Canada and he is unlikely to ever get any reasonable employment here; also, he may be too old and infirm to take labor jobs (lifting weights most of the day). I think he might as well toss the card the Canadian embassy and tell them to shove it. The story ends there!
[25-12-2010,17:13]
[***.202.41.137]
Be Happy |
(in reply to: Lost status but PR card still valid Part II)
Did toss the cards to the recycle bin... glad I did.
Enough with Canadian propaganda. Adios.
[26-12-2010,04:54]
[***.136.175.175]
returning |
(in reply to: Lost status but PR card still valid Part II)
for every sore loser there is 10 people that are so happy they made Canada their home.
My Mom utilizes the services of a woman that came to Canada with her family about 30 years ago. She is a hair stylist, her husband is in the insurance industry. They have worked hard, and earned enough money to own 2 homes, put their kids through university, travel extensively, and live well. Their circle of friends are the same. All, what we call recent immigrants. (at 5 years you are still finding your way around)
They were telling my Mom that their group of friends sponsor people regularly though their mosque to come to Canada - why? Because with hard work, there may not be a gold rush but there is work, security, freedom and a CHANCE to have a better life.
You may want to throw you card in the garbage but I bet there are many that thank God for theirs.
[26-12-2010,15:13]
[**.180.238.237]
Sharon |
(in reply to: Lost status but PR card still valid Part II)
Canada as "hippy land"... that´s pretty funny, DocD. Korea is spelled with K not C, by the way. Since you´re so familiar with these details, I wonder if you´re in the border services yourself.
Also thanks for the input, John (the other one). Although your experiences may be true, as Roy says this is not typical. Crossings are so backed up and busy at times, they just don´t have the time to give the 2nd degree to every PR who enters. Although on occasion I have run into the border officer as drill sergeant type. But this sometimes happens occasionally on the American side too.
[27-12-2010,15:41]
[**.47.175.80]
Richard |
(in reply to: Lost status but PR card still valid Part II)
I have lots of clients sending me clients every day including voice mail and e-mails on Christmas Day who dream of having a PR Card.
When their eyes light up when finally they get their status document the joy in their face could light up a whole city block.
Recently I assisted with bringing two teenage orphans from Tanzania and after a week they came to see me and the stories they told would make any Canadian´s hair curl.
Then I have a Chef who lives in a country where the rebels use rape and worse things to intimidate and control the citizens. There is no government at all and she constantly reminds me just how lucky most Canadian´s are.
The point is if your a success in one country you will be a success in Canada. If your a loser in your country you will probably be a loser in Canada. It has everything to do with your negative attitude because negativity attracts negative results toward you.
You need to believe in yourself and your original reasons for coming to Canada. Be happy because others want to hang out with happy people instead of whiners and complainers.
My question is if you have not left why not? I know DocdD can get you cheap flights home.
Roy
cvimmigration.com
[28-12-2010,09:21]
[**.229.21.127]
Roy |
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