Losing PR status |
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gorcho
Junior Member Joined: 22 Feb 2010 Status: Offline Points: 21 |
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Posted: 03 Jun 2010 at 12:01am |
In my Landing Interview, IO Said i could Lose my PR Status if an Io in Canada or Abroad determines that I have not meet my residency Obligations as a Permanent Resident, or
A Member of Immigration and Refugee Board Order me Deported. Question 1: What is Residency Obligations apart stay in Canada for 2 years in 5 years period? Question 2: Why a Member of Immigration and Refugee Boeard would Order me Deported? Thank in Advance for the Replies |
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IslandGirl
Average Member Joined: 29 Nov 2009 Location: On an island Status: Offline Points: 228 |
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The residency requirements are you must be in Canada at least 730 days (2 years) out of 5. A member of the IRB could order you deported if, for example, you committed a crime in Canada or were found to have misrepresented yourself in your PR application. Those are just 2 examples
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Used to be known here as "feb7" - there's no doubt to my gender this way
My previous profile |
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MADZIBABA
New Member Joined: 21 Dec 2009 Location: toronto Status: Offline Points: 18 |
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Island girl , ( misrepresenting yourself on your PR application is very broad please give us examples ) is lets say travelling to your home country after you recieve PR status from being a refugee one of the violations or interpreted "misrepresentations" please shed some light... |
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keep hop alive
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moali1
New Member Joined: 25 Jul 2010 Location: Sharjah Status: Offline Points: 2 |
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I have obtained my PR card end of September 2005 and I didn't stay in Canada. first, I stayed for 30 days and in 2008 another 25 days. Now, I strongly wish to settle in Canada for good and Can I do it now? I heard that I can legally enter in Canada till my PR Card expires and can I obtain back my PR if I stay in Canada if the CIC allowed me to pass the port of entry? Please clarify.
Thanks,
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dpenabill
Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407 |
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Essentially true.
As a PR, the POE officials have to allow you entry. POE officials may, however, flag the residency issue, conduct a residency obligation examination, and issue a report, refer the report to the minister's delegate who in turn may (probably would -- depending on whether there are any H & C qualifications) issue a removal order. You are then allowed to enter but time in Canada following that will not count toward meeting the residency requirement. If you do not appeal the removal order within 30 days, it becomes an enforceable order and you are obligated to leave Canada, you are effectively no longer a PR. If you do appeal, you can continue to be a PR and to come and go across the Canadian border until there is a final adjudication, which will of course determine whether or not you get to remain a PR or not. The minimal time you have spent in Canada weighs heavily against any H & C relief. It also elevates the risk of an inquiry into meeting the residency requirement at the time of entry (followed by the process I outline above). There is, as you have undoubtedly discerned, given that you still have a valid PR card, that you may be allowed entry without a residency examination or report issued, in which case it is true, if you remain in Canada for the next 730 days you will have met your residency obligation and your PR will be intact. Misrepresentations at the POE, you should recognize, may also constitute cause for inadmissibility and loss of PR status. Good chance, for example, you will be asked "where do you live?" and to not tell the truth opens the door to a determination that you are inadmissible, to be deported (the obvious temptation being to lie about that since it is one of the sorts of things that could heighten a POE officer's attention to the residency obligation issue). That process could take place much later when you have a falling out with a friend or family member who reports you to CIC or CBSA. Or it could take place immediately following making the misrepresentation . . . they have remarkably enhanced means of verifying the accuracy or inaccuracy of information these days, or at least in identifying likely misrepresentation issues. |
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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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