British Expats

British Expats (https://britishexpats.com/forum/)
-   Immigration & Citizenship (Canada) (https://britishexpats.com/forum/immigration-citizenship-canada-33/)
-   -   HELP !!!! (https://britishexpats.com/forum/immigration-citizenship-canada-33/help-940120/)

NorthernTart Aug 14th 2021 12:36 pm

HELP !!!!
 
Our PR cards are due to expire in April 2022. Due to ill health and Covid we have spent the last 3 years in the UK. The first year multiple eye operations prevented travel and the last 2 years Covid and long term Covid, waiting for vaccinations, being in vulnerable age group, waiting for house to sell. Total 3 years since been in Canada. House now sold, Just about to leave for Canada again. Will only have 10 months of the 2 years needed out of 5 when PR cards expire due to the aforementioned reasons.
Does anyone think this is going to be a major problem or do you think in light of the reasons mentioned and our age being in our 70’s and all our family are in Canada (Citizens), that this shouldn’t be too much of an issue and immigration will look favourably on it? Or do you think they will just disregard all the problems we’ve had with I’ll health and Covid?

Former Lancastrian Aug 14th 2021 1:46 pm

Re: HELP !!!!
 
It will be down to the examining officer on arrival in Canada and if they pick up on the not meeting the residency obligation. If no report written then no problem. If a report is written then appeal the removal order issued with the report. All what, if's and's or but's at the moment.

OrangeMango Aug 14th 2021 2:14 pm

Re: HELP !!!!
 
As a citizen this doesn't apply to me anymore, however I am just curious how would the CBSA determine if residence obligations are met or not? ( recent bank statements, utility bills... etc?) Also would this not just be down to the CBSA but to Immigration and Citizenship to determine?

Former Lancastrian Aug 14th 2021 2:48 pm

Re: HELP !!!!
 

Originally Posted by OrangeMango (Post 13040453)
As a citizen this doesn't apply to me anymore, however I am just curious how would the CBSA determine if residence obligations are met or not? ( recent bank statements, utility bills... etc?) Also would this not just be down to the CBSA but to Immigration and Citizenship to determine?

Permanent residents have to answer truthfully how long they have been absent from Canada when returning to Canada. CBSA have the authority to report and issue a removal order to a PR who does not meet or cannot meet the 730 day residency obligation. If the removal order is appealed then the Immigration Appeal Division at the IRB will make a decision. IRCC can refuse to issue a PRTD if a PR has an expired PR card or no PR card if the PR is outside of Canada.

PMM Aug 14th 2021 5:44 pm

Re: HELP !!!!
 
Hi


Originally Posted by Former Lancastrian (Post 13040464)
Permanent residents have to answer truthfully how long they have been absent from Canada when returning to Canada. CBSA have the authority to report and issue a removal order to a PR who does not meet or cannot meet the 730 day residency obligation. If the removal order is appealed then the Immigration Appeal Division at the IRB will make a decision. IRCC can refuse to issue a PRTD if a PR has an expired PR card or no PR card if the PR is outside of Canada.

1, As an aside the OPs if they are admitted to Canada without being reported, should NOT apply for a new PR card until they are in compliance with their Residency Obligations.


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