Entry into Canada and Permanent Residence

hi guys i have few questions to ask:

i will be having my interview on 26 of May and im going back to Philippines in the same day right after my interview...is that gonna be possible to happen?
the paper that the immigration will be giving is not valid to show in coming back to canada...
is there anybody who have tried my situation???
pls give advice
thanks
have a great night!!!

I have a few more inquiries involving the appeal process, should a report be made when I enter Canada.

1. Will I need a lawyer of some sort for this appeal?
2. Should this appeal be unsuccessful, ie, my PR status is withdrawn, will I have to leave Canada or will I be able to continue studying under some other legal status in the country?

Thanks

I have studied ENF23 fairly carefully. It doesn't however mention anything about proceedings if a person, a student in my case, chooses to voluntarily relinquish PR status and then remain in Canada as an international student. Is it better to relinquish this before I arrive at the POE and obtain a student visa before landing

Also if I choose to proceed with voluntary relinquishment, need I just mention this to the Immigration Officers at their desk or is there more formal procedure


Edited by pratik.e - 15 Apr 2010 at 6:14am

KEYs:
1. You are already in breach of the residency requirement, since you cannot have spent 730 days in Canada during your first five years following landing.

2. Your PR status remains, however, unless and until there is a formal adjudication to remove you.

3. That process, however, may very well take place (but for the appeal process) at the POE upon your entry into Canada.

4. Thus, your FUTURE status mostly depends whether or not, upon your entry into Canada, an A44(1) report is generated and a removal order is issued.

5. Even if a removal order is issued at the POE, YOU ARE ALLOWED ENTRY AND YOU CONTINUE TO HAVE PR STATUS for 30 days minimum, and if you appeal (which you should) you continue to retain your PR status during the appeal process.

I am not at all familiar with how long the appeal process is in such circumstances, but I suspect it would be long enough to complete the first year of your studies -- but, again, I am not sure of this. If your PR card were to expire during this period of time, you can usually obtain a renewal but it would only be for a more limited period of time (a year I think).

As to the process itself, see the following manual:
ENF 23 – Loss of Permanent Resident Status
http://www.cic.gc.ca/english/resources/manuals/enf/enf23-eng.pdf

Again, if you are questioned as to residency upon entry there is (it appears) a high probability that a A44(1) report will be made and referred to the minister's delegate and a "removal order" issued, which has no immediate force or effect but which you must "appeal" within 30 days or it will take effect. This is essentially the process through which your PR status will be revoked. While there are often many H&C grounds for which PR status might not be revoked, frankly, in your circumstances it does not sound like you'd have much if any argument here.

Another caveat: Canada has upgraded and extended its overseas . . . I forget their name, but they serve, in essence, a screening function in cooperation with airport and airline personnel at many foreign airports from which flights bound for Canada depart, and it is possible to be questioned even before you are allowed to board a plane BUT I really do not know how this is done in practice or to what extent someone with a valid PR card might be subjected to pre-boarding screening in this way.   


FURTHER OBSERVATIONS regarding entry:

You are still a PR. So you are entitled to enter Canada as such (unless there are grounds for inadmissibility other than the breach of the residency requirement.

As I said, however, you are already in breach of the residency requirement, since you cannot have spent 730 days in Canada during your first five years following landing. When you attempt to enter Canada you may be subjected to questioning about your residency in Canada. You also, however, might not be subjected to such questioning.

I do not know, and I doubt anyone can say with any degree of certainty, whether or not you will be questioned about residency. It probably depends on a lot of factors.

Assuming you arrive while your PR card is still valid, that alone, may facilitate entry without being subjected to questions about meeting the residency qualification -- but I believe several things could trigger an examination into whether or not you meet the residency requirement. For example: "where do you live?" A foreign address may trigger more questions. Or, your travel documents may, on their face, indicate that you have been outside of Canada for three years or more. Again, I do not really know what the chances are of being questioned about residency.

Unfortunately, it appears, the tactic I suggested earlier, about being evasive as to how long you have been in Canada, is probably a bad idea for you . . . if you had spent any significant time at all in Canada, that tactic might work (it would, in effect, require them to follow up with an investigation rather than issue the A44(1) report on the spot) but where you have spent so little time in Canada that would amount to misrepresentation and you do not want to engage in any misrepresentation (that could result in inadmissibility on other grounds and in effect accelerate your removal).

Technically you do not have to answer questions at the POE about how long you have spent in Canada (once they establish that you are a PR you are entitled to entry), but to do so in your circumstances is almost certain to result in the immediate issuance of the A44(1) report, and being uncooperative is a sure-fire way to make sure they pursue removal against you with diligence.


Since you do have a valid PR card, and the longer that is valid for at the time you arrive at the POE, there is (my best guess, emphasis on it being a "guess") a pretty good chance you will be allowed into Canada without being questioned closely about time of residency/presence in Canada.

It is a gamble. Perhaps a pretty big gamble. But the payoff is this:

If you are allowed to enter Canada without the A44(1) report being issued, you are *in*. All you would have to do then, in order to keep your PR status permanently, is simply not leave Canada for 730 days, and NOT apply for renewal of your PR card until after 730 days of actual presence in Canada. Yes, I realize this would mean you will have to go from May 2011 until well beyond 730 days from the day you enter Canada without a valid PR card . . . but your PR status will remain even if your card is not valid. You will obviously not be able to travel outside Canada during this period. But once you have stayed for two straight years, the fact that you were previously in breach of the residency requirement is of absolutely no effect (at least under current law . . . which is always subject to change).

This is all a bit complicated, I realize, and for most young people, for almost anyone, this might seem like more risk and work than they are willing to take. But if you want to live and study in Canada, it seems worth pursuing to me.

I definitefully recommend that you go to the enforcement manual and peruse that. Other CIC manuals you may want to look at:

ENF 4 – Port of Entry Examinations
http://www.cic.gc.ca/english/resources/manuals/enf/enf04-eng.pdf

ENF 5 – Writing 44(1) Reports
http://www.cic.gc.ca/english/resources/manuals/enf/enf05-eng.pdf

ENF 6 – Review of Reports under A44(1)
http://www.cic.gc.ca/english/resources/manuals/enf/enf06-eng.pdf

and, again, the most important one:
ENF 23 – Loss of Permanent Resident Status
http://www.cic.gc.ca/english/resources/manuals/enf/enf23-eng.pdf

Even by just applying for a PR card renewal, there will be lots of questions you need to answer (absences from Canada one of the most important).