could I get back

Old May 22nd 2015, 4:40 pm
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Default could I get back

Hi I have a or visa date of expiry 2017 I've been back in UK a year and lived in BC a year but landed 2010 I know I haven met the 730 days but could I still go back and live there if I stay 2 years before my visa expires?what's the situation in the airport? Thanks for any advice.
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Old May 22nd 2015, 5:43 pm
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Default Re: could I get back

Unlikely. You have to fill a form in when you arrive in Canada and give the date you last left Canada. So unless you get a very unobservant CBSA officer, it'll be noted that you've not met the residency obligation and proceedings will be started against you.

But your dates aren't clear, you said you landed in 2010 but have only been back in the UK a year? When did you leave Canada for good?
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Old May 22nd 2015, 7:12 pm
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Default Re: could I get back

Longshot: were you a minor when you left Canada?

Otherwise +1 to Christmasoompa's reply & questions.

Edit: what do you mean by "visa date expiry"?

Last edited by Shirtback; May 22nd 2015 at 7:14 pm. Reason: Summat does make sense?
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Old May 22nd 2015, 7:23 pm
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Default Re: could I get back

Originally Posted by Beautyandthebeast
Hi I have a or visa date of expiry 2017 I've been back in UK a year and lived in BC a year but landed 2010 I know I haven met the 730 days but could I still go back and live there if I stay 2 years before my visa expires?what's the situation in the airport? Thanks for any advice.
Presuming you mean PR card expiry, which has nothing to do with residency. If you fail to meet the residency requirements, regardless of the validity of your PR card you are SOL. If you misrepresent on entry or when applying for citizenship your status can be pulled anytime in the future. This has been happening a lot lately.
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Old May 22nd 2015, 7:27 pm
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Default Re: could I get back

Out of interest what made you go back to the UK and put your PR status at risk?
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Old May 22nd 2015, 7:30 pm
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Default Re: could I get back

Originally Posted by christmasoompa
Unlikely. You have to fill a form in when you arrive in Canada and give the date you last left Canada. So unless you get a very unobservant CBSA officer, it'll be noted that you've not met the residency obligation and proceedings will be started against you.

But your dates aren't clear, you said you landed in 2010 but have only been back in the UK a year? When did you leave Canada for good?
I landed in 2010 with my family stayed 3weeks went back in 2012 lived there13 months had to come back to UK and been back a year our visa date on the card is 2017 .what form do you fill in? Thank you for your help.
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Old May 22nd 2015, 7:34 pm
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Default Re: could I get back

Originally Posted by Former Lancastrian
Out of interest what made you go back to the UK and put your PR status at risk?
My father in law died and my eldest daughter wanted to come back, she wanted to return to the UK, my son is still in Canada.
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Old May 22nd 2015, 7:35 pm
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Default Re: could I get back

christmas is referring to the customs declaration form that you fill in when you get off the plane.
it asks you how long you have been out of the country
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Old May 22nd 2015, 7:40 pm
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Default Re: could I get back

Originally Posted by Beautyandthebeast
I landed in 2010 with my family stayed 3weeks went back in 2012 lived there13 months had to come back to UK and been back a year our visa date on the card is 2017 .what form do you fill in? Thank you for your help.
So it appears you were issued a PR card in 2012 and thats why there is an expiry date of 2017 as they are valid for 5 years however you have to meet the 730 day residency obligation (2 years out of 5) and that date is the date you arrive back in Canada and CBSA will count back 5 years to see if you meet the residency obligation or not. If you don't meet it then there are 2 options
1. Voluntarily relinquish your PR status
2. Get formally reported and issued with a removal order which can be appealed. Sounds to me like you would be appealing on Humanitarian and Compassionate grounds.
Read this CIC manual
http://www.cic.gc.ca/english/resourc.../enf23-eng.pdf
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Old May 22nd 2015, 7:42 pm
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Default Re: could I get back

Originally Posted by Zoe Bell
christmas is referring to the customs declaration form that you fill in when you get off the plane.
it asks you how long you have been out of the country
Oh,we were issued with the visas in 2012 when we arrived but prior to that we landed in 2010 and only stayed 3 weeks . we aso went back last year 2014 for 2 weeks our longest stay was 2012 for 13 months.
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Old May 22nd 2015, 7:46 pm
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Default Re: could I get back

Originally Posted by Former Lancastrian
So it appears you were issued a PR card in 2012 and thats why there is an expiry date of 2017 as they are valid for 5 years however you have to meet the 730 day residency obligation (2 years out of 5) and that date is the date you arrive back in Canada and CBSA will count back 5 years to see if you meet the residency obligation or not. If you don't meet it then there are 2 options
1. Voluntarily relinquish your PR status
2. Get formally reported and issued with a removal order which can be appealed. Sounds to me like you would be appealing on Humanitarian and Compassionate grounds.
Read this CIC manual
http://www.cic.gc.ca/english/resourc.../enf23-eng.pdf
Do you always routinely get reported when you arrive?
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Old May 22nd 2015, 7:47 pm
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Default Re: could I get back

Originally Posted by Beautyandthebeast
Oh,we were issued with the visas in 2012 when we arrived but prior to that we landed in 2010 and only stayed 3 weeks . we aso went back last year 2014 for 2 weeks our longest stay was 2012 for 13 months.
Wow I didn't realize there are 13 months in a year Dates of when you left Canada and return will be important.
Im positive you won't meet the 730 day requirement.

Last edited by Former Lancastrian; May 22nd 2015 at 7:58 pm. Reason: deleted incorrect info.
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Old May 22nd 2015, 8:11 pm
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Default Re: could I get back

Originally Posted by Former Lancastrian
Wow I didn't realize there are 13 months in a year Dates of when you left Canada and return will be important.
Im positive you won't meet the 730 day requirement.
Ha yea I mean we arrived beginning august 2012 and left end august 2013 other than that 2weeks 2014 and 3weeks in 2010 when we first landed. This isn't 730 days but desperate to return would you always be reported once back even despite having an in date or visa card?
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Old May 22nd 2015, 8:16 pm
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Default Re: could I get back

Originally Posted by Beautyandthebeast
Ha yea I mean we arrived beginning august 2012 and left end august 2013 other than that 2weeks 2014 and 3weeks in 2010 when we first landed. This isn't 730 days but desperate to return would you always be reported once back even despite having an in date or visa card?
This will depend on the CBSA officer who reviews your declaration form on entry and if you declare goods to follow at a later date. They may notice or not depending on what date you put in the box Date left Canada.
Read the link I sent and look at the H & C section as if you have kids in Canada and other family members chances are those are good grounds for an appeal should you be reported.
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Old May 22nd 2015, 8:24 pm
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Default Re: could I get back

Originally Posted by Former Lancastrian
This will depend on the CBSA officer who reviews your declaration form on entry and if you declare goods to follow at a later date. They may notice or not depending on what date you put in the box Date left Canada.
Read the link I sent and look at the H & C section as if you have kids in Canada and other family members chances are those are good grounds for an appeal should you be reported.
Thank you for this tiny thread of hope I would not be bringing any goods to follow ,my adult son remains in Canada and me and my daughter would be flying back , my husband can not face another move and can't be persuaded to return because of the stress but I think its worth trying for my daughter. Could I use the date of 2014 when we left on the form ? Which was the last date we flew out of Canada ? And would I get a one way flight? You have been very helpful.
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