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After landing

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bincraew View Drop Down
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    Posted: 14 Jun 2012 at 8:00pm
So I was working in the US, and got approved for my Canadian PR application. I drove to one of the POEs and finished the landing process. During this process, the officer asked me when I would be planning to move to Canada permanently as I had told him that I was working in the States and needed to go back to finish up the job. Because I knew then that my contract would end in 3 months, I told him that I would be moving to Canada for good in about 3 months. Then I stayed for one night in Canada and left for the States.

Now my manager offered to extend my contract for another 6 months, so I would not be able to return to Canada by the time when I said I would. Would this cause any problems?

Thank you very much.
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canuck25 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote canuck25 Quote  Post ReplyReply Direct Link To This Post Posted: 15 Jun 2012 at 4:59pm
If you have "landed" as an immigrant, your PR status has become active and you must be in compliance with your PR residency requirements in order to maintain that status, or to later apply for citizenship. Specifically, after you "land" you must live in Canada for a minimum of 2 years within a five-year period, starting with the date you first landed. Since you are only extending your contract by 6 months you should be OK for now.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 15 Jun 2012 at 5:31pm
Good answer canuck25: ditto.

OK for now. But, for some people these things tend to get extended, and extended, and time flies, so . . .
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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bincraew View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote bincraew Quote  Post ReplyReply Direct Link To This Post Posted: 15 Jun 2012 at 8:29pm
What I am concerned about is whether the border officer would ask any questions as to why I did not return to settle within 3 months as I said to the previous officer when I come back 6 months later...
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 15 Jun 2012 at 8:42pm
Doubt that will be asked. As a landed PR you are entitled to entry into Canada, but more than that, there is no reason to ask this, none.

What you said to the POE immigration officer at the time of landing did not put a condition on your PR. Very unlikely any notes were even made of your statement regarding this. Not a problem. Really.

Questions related to inadmissibility may come up, but that is about criminal charges/convictions (criminal inadmissibility, which for a PR is limited to serious criminality), and only if there is some reason to think this is relevant, or it is about compliance with the PR residency obligation.

A PR within the first three years of the date of landing cannot be in breach of the Residency Obligation (since there is more than enough time left to reach 730 days presence by the fifth anniversary of landing), so for the first three years after landing there really is no reason to ask a PR entering Canada questions related to the residency requirement.

As a landed PR you are now a "Canadian" and no longer a "foreign national." Unless there is some collateral issue in your life raising some other kind of suspicions, things at the POE when entering Canada are pretty easy for almost all returning PRs.

It is very, very common for newly landed PRs to do precisely what you have done: return to the country in which they were living to settle affairs, complete school, or finish a job, or pursue a career opportunity, before they return to Canada to fully settle down. This is very common. Neither CBSA nor CIC are much at all concerned . . . they know that new immigrants often have complicated lives. Not a problem. Not a big deal.

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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