bavaray

Hi,

I understand that when you cross the 183 days limit outside Canada, then the burden
of proof falls on you to proove to the Canadian Immigration Authorities that you did
not intend to abandon your PR status. This is possible only when you land on
Canadian soil.

Suppose you have enough ties in Canada to proove your intention of permenant
residence in Canada, and due to unforseen circumstances, you've crossed your 183 days
limit, then do the airlines have the right to stop you from boarding the plane ?

Incase the airlines do stop you, how can we circumvent the problem ? You may not have
enough time to apply for a RRP or incase it's refused ?

Thanks for the replies,

Ray

wzombie

The burden of proof, in all cases, rests on the person seeking entry into Canada,
whilst at a port of entry.

This applies "in all cases" as I stated above, and includes the burden of proof for
Canadians to prove their citizenship (and therefore their right to enter), Permanent
Residents to prove their status, and Registered Indians to prove their registration
as Indians.

In this case, you are required to prove that you are a Permanent Resident, and that
you have not ceased to be a permanent resident by remaining out of Canada in excess
of 183 days in any 12 month period.

Should this be the case, you can apply for a returning resident permit - either
before you leave Canada, or before you return - which will ensure that you have not
given up your status.

That being said, the airlines will not refuse to board you if you show proof of
identity and your IMM1000 Record of Landing and they are satisfied the documents
are genuine.

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