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Residency Obligation

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off2canada View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote off2canada Quote  Post ReplyReply Direct Link To This Post Posted: 05 Dec 2010 at 7:57am
Hello everyone,
In continuation of my earlier posts on the subject,I entered Canada on 25th June 2010 after an absence of almost 3 yrs.I entered by road from USA and was questioned at POE for my absence but they let us (me and my family) IN by just informing that we need to maintain residency obligation.
As luck would have it,immediately after we reached Canada I got the news of my mother falling ill and had to return(inc my family) to my parent country on 27th June 2010.I have since not returned to Canada as my mother is still undergoing treatment (for Cancer) which I have been told by doctors will continue till Feb 2011.While I was in my home country,I also underwent a surgery and was advised rest and not to travel.Since I had given up my job I am doing temporary job to sustain myself and would like to return to Canada as soon as my mother's treatment is through.Do you think I can be denied entry at the POE,even if I show them the proof of my and my mother's sickenss.(it is quite evident that I have not met the residency obligation).I need to know what can be the best way out for me,as I desperately want to return to Canada(my PR card is valid till June 2012).If I try I can surely get a job in my home country.Will it be a wise decision to forget my PR status and stay here or is still there any hope left...need sincere advice from experienced members like PMM/dpenabill/Islandgirl.
Thanks
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dpenabill View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 06 Dec 2010 at 2:42am
Reason for continued absence does not weigh much unless you have established strong ties and/or H & C grounds for staying in Canada.

You cannot be denied entry. You can, however, be issued a removal order in which case time in Canada following the entry will not count toward meeting the residency obligation.

Difficult to predict whether or not you will indeed be "examined" regarding meeting the residency obligation upon any given entry into Canada, but it appears (something of a guess here) that your risk is quite high. Very, very difficult to discern the practical risks involved; for example, a PIL officer may note the summer 2010 visit and from that assume sufficent presence in Canada to not refer you to secondary; or, the PIL officer may immediately see a notation about residency obligation concerns and thus summarily refer you to secondary for a residency examination, but even if there is no immediate notation as such the PIL may still simply refer you to secondary. How it goes with the CBSA officer you meet with in secondary can also vary.

Bottom line, though, yes, you appear to be at substantial risk for a residency obligation examination and could very well face removal proceedings. If you elect to try to return to Canada (and of course the sooner the better), best to have looked at all the possible H & C arguments you could muster on your behalf and be prepared to present them.

How it will really go, as a practical matter, I really have no clue. I wish more people who went through residency examinations at a POE, including those who as a result faced removal for failing to meet the residency obligation, reported more often at this site.
Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration
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Harmonia View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Harmonia Quote  Post ReplyReply Direct Link To This Post Posted: 16 Dec 2010 at 2:55pm
Dpen -- I agree, it would be very good to see who's been stopped at the border for PRD (Permanent Residency Determination).  I haven't seen or heard much of anything along those lines.  I think anyone with questionable status is scared to death of the results & therefore do their best not to put themselves in that situation.   There are several others that have left Canada, and are now afraid to come back, for fear of the on-the-spot PRD.
Citizenship App Sent: December 2012
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dpenabill View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 16 Dec 2010 at 10:35pm
Have seen more and more reports of PRs being referred to secondary upon seeking entry to Canada.

During my last entry I was asked more questions than in a half dozen previous entries combined, but still at the PIL with no referral to secondary.

Still, it appears that even for PRs the level of scrutiny at the POE is part of the increasing scrutiny at border trend.
Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration
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ProudOne View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote ProudOne Quote  Post ReplyReply Direct Link To This Post Posted: 17 Dec 2010 at 8:15pm
Originally posted by dpenabill dpenabill wrote:


Still, it appears that even for PRs the level of scrutiny at the POE is part of the increasing scrutiny at border trend.


Shhh......PR Hunting season is open...   ;)
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