j4s0n

Hi Guys,

I have a bit of an unusual situation and I would value some opinions. I have been living in Canada with my girlfriend for the last 9 months and we are now planning to go back to the UK for a 1 week visit.

My girlfriend was allowed to retain her PR status on Humanitarian grounds and was issued a travel document which she used to return to Canada 9 months ago. She has just picked up her PR card this week, however she has been warned that she could be denied re-entry at the border as she has not fulfilled the residency obligation. This is because she originally landed in 1990, so they will check for 2 years residency since 2006.

My question is really what is the likelihood of her being denied entry? Her records show that she underwent a residency determination and was granted a travel document on humanitarian grounds which was issued in April 2010. She can also prove that she is established in Canada - she has a permanent full time work contract, tenancy agreements, utility bills and Canadian bank accounts, etc.

Is it worth the risk or do we really have to sit tight for another 15 months until she has fulfilled the residency obligation?

Comments welcome.

Thanks,

Jason.

Jim Humphries

She will not meet the residency standard for the next two years so I would plan to remain in Canada for at least that long and forgo foreign travel.

j4s0n

Do you know what process she will have to go through at the border if we do decide to travel? She is a British citizen, so does not require a visa to enter normally.

I assume they will run a check on her PR card, but does this also mean that they will have access to her immigration case and be able to see details of her recent residency determination as well? If they query her status, will she be able to argue her case based on this info and evidence that she is established in Canada?

christmasoompa

Hint: if an immigration pro (and former visa officer) recommends that she doesn't travel abroad, I'd take that advice.

SarahBC

I agree with Jim. However, if it was life and death (i.e. the last time I would see a parent) I might run the risk. It all depends on whether they can/do run a check on a PR card at the port of entry. Airports might have better technology, but the land crossings from the US seem to look no further than the card itself.

Anyway, from what other posters have mentioned, unless it's vital, it might be better to wait out the rest of the 2 years.

Sarah

james.mc

Check Jim's signature...... and take heed.

His advice might not be what you want to read, but it gets my vote

j4s0n

Hello again guys,

Thanks for all your replies, they are pretty much what I expected to be honest. I do have one more question tho:

Surely exactly the same situation could have occurred in May when we arrived? At that point my girlfriend was re-entering Canada as a Permanent Resident (using her travel document), however she would have failed to meet the residency obligation at that time as well.

The immigration officer did query that she hadn't been resident in Canada for over 5 years, but my girlfriend explained that she had been allowed to retain her PR status on Humanitarian grounds and was allowed through.

Was this blind luck then? I don't think the fact she was using a travel document has anything to do with it, as this is just a one use visa provided in lieu of a PR card - checks are done based on status which were PR when she entered with the travel document and will be PR when she re-enters again with her new card.

Jim Humphries

The very purpose of the travel document she carried was to overcome the fact that she did not meet the normal criteria for retention of permanent resident status.