sergeygra

Hello,
I landed in Canada in August 2001 and shortly thereafter came back to the US to continue my employment. Since then I have been in Canada about 2-3 weeks in total (last time was in Mar 2002) going there by car.

I am planning to resume my residency in Canada, but I am concerned that because of so long absences, I might have lost my Canadian PR status already - is that right or do I still have time till August 2004? Will I be able to return to Canada using my IMM-1000 form (I've heard that if you use a private vehicle you don't actually need a PR card to cross a US/Canadian border)

Also am I eligible to get the PR card if I come back to Canada now?


Many thanks for the info!
Sergey

Singh

you should be fine till Aug 04, why do you think you wont be ??




"sergeygra" <member22449@british_expats.com> wrote in message
news:[email protected]...
    > Hello,
    > I landed in Canada in August 2001 and shortly thereafter came
    > back to the US to continue my employment. Since then I have been in
    > Canada about 2-3 weeks in total (last time was in Mar 2002) going there
    > by car.
    > I am planning to resume my residency in Canada, but I am
    > concerned that because of so long absences, I might have lost my
    > Canadian PR status already - is that right or do I still have time till
    > August 2004? Will I be able to return to Canada using my IMM-1000 form
    > (I've heard that if you use a private vehicle you don't actually need a
    > PR card to cross a US/Canadian border)
    > Also am I eligible to get the PR
    > card if I come back to Canada now?
    > Many thanks for the info!
    > Sergey
    > --
    > Posted via http://britishexpats.com

sergeygra

[QUOTE]Originally posted by Singh
you should be fine till Aug 04, why do you think you wont be ??


Well, my concern is that since I was absent from Canada for more than 183 days during the first year (before July 2002, when the new law came in force), I might be in trouble, no?
Are you saying that the new law supercedes all previous conditions completely?

sergeygra

Well, I'd like to avoid lies if possible. Besides, the PR application asks for the employment data, which is easily verifyable. Plus, almost every time I crossed the US/Canadian border before, the canadian officer asked what was my status in the US. It is silly to say that you went to visit a friend if, you have a work visa in your passport.

Why is it better to use a rental car instead of my own?

Singh

you dont have to lie, you are in the right till Aug 04. If yo have doubts
call Canadian port of Entry or CIC no and they can clarify you.

you should never lie in this age of biometrics....never




"sergeygra" <member22449@british_expats.com> wrote in message
news:[email protected]...
    > Originally posted by Singh
    > > you should be fine till Aug
    > 04, why do you think you wont be ??
    > >
    > >
    > > Well, my concern is that
    > since I was absent from Canada for more than 183 days during the first
    > year (before July 2002, when the new law came in force), I might be in
    > trouble, no?
    > > Are you saying that the new law supercedes all previous
    > conditions completely?
    > --
    > Posted via http://britishexpats.com

padv

You are fine now. I did some research on the new law. It says that if you leave Canada. You must stay in Canada for at least 2 years in the next 5 years from the day you left, which means you should be back in 3 years. My opinion is that if you come back to Canada this time. You should stay there for 2 years before you left again. Of course, a short visit to the US is not counted.

S B

sergeygra wrote:
    >
    > Originally posted by Manish
    > > Here is what someone did
    > who was not in Canada for last 3 years9he has posted it on other
    > discussion group), entered Canada by border
    > >
    > > At border he was asked
    >
    > > What is your status?
    > > Permanent resident of Canada returning home
    >
    > > When did you left?
    > > 10 days back
    > > What for?
    > > To meet a friend
    >
    > > GO ….. and he entered Canada
    > > And person applied PR card and
    > wrote dates that he was IN Canada, got the PR card after 3 months, again
    > came to collect PR card from CIC and got the PR card and went back to
    > US.
    > >
    > > As per his post he lied at border and lied on PR card
    > application, he posted that he did not have any fear because what
    > maximum they could do is to revoke your PR status and he was ready to
    > take the risk by lying as his US GC is in final stage. I don’t know
    > what was the need of PR card if GC in US was in final stage. I hope some
    > persons like to collect PR cards.
    > >
    > > Singh has posted that you can
    > come to Canada, come and apply PR card better use rental car or come
    > with friend or let some one from Canada pick you up from US side
    >
    >
    > Well, I'd like to avoid lies if possible. Besides, the PR
    > application asks for the employment data, which is easily verifyable.
    > Plus, almost every time I crossed the US/Canadian border before, the
    > canadian officer asked what was my status in the US. It is silly to say
    > that you went to visit a friend if, you have a work visa in your
    > passport.
    >
    > Why is it better to use a rental car instead of my own?

The old 183 day rule was no longer applicable to any PR outside of
Canada the day the regulations were implemented, and the 2/5 rule came
into effect.

The "established residence" interpretation of previous landing seems to
have been put into abeyance ... that is to say, CIC officers are no
longer interpreting the meaning of "Landing" as "Completing the formal
paperwork, and establishing residence". Now, because this is an
interpretation issue, it could well return, which would put you in
trouble, but there has been no evidence as yet that this will be
changed, but it is something you need to be aware of.

NEVER EVER LIE to any border officer ... CIC, Customs, or the US folks.
You could easily land yourself in big hot water and end up having to
return to your original home country, barred from both the US and
Canada.

I know of no reason to enter in a rental car. In fact, it can cause
more problems ... but make sure that your car is eligible to be brought
to Canada ... see http://www.riv.ca

Finally, you can apply for your Canadian PR card after returning to
Canada.

Note that if you leave it until August, that means you are stuck in
Canada for the next two years, whatever happens. If you have a family
emergency back home, then you can't go without forfeiting Canadian PR,
for example.

S B

padv wrote:
    >
    > You are fine now. I did some research on the new law. It says that if
    > you leave Canada. You must stay in Canada for at least 2 years in the
    > next 5 years from the day you left, which means you should be back in 3
    > years. My opinion is that if you come back to Canada this time. You
    > should stay there for 2 years before you left again. Of course, a short
    > visit to the US is not counted.

WRONG!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!


A short visit that involves you staying overnight IS counted. The only
visits to the US or anywhere outside Canada that would not be counted
are day trips there and back the same day.

WebCrawler

Hi,

"S B" <[email protected]. invalid> wrote in
message
    > I know of no reason to enter in a rental car. In fact, it can cause
    > more problems ... but make sure that your car is eligible to be brought
    > to Canada ... see http://www.riv.ca

What kind of problems can landing in a rental car cause?
I am planning to land in a rental car, and return to the US for a week to
wrap-up and import my car.
Can this cause problems?

sergeygra

Thank you very much. The information is extremely helpful.
Last question: does the fact that I have US EAD/Advanced Parole (I-485 pending) complicate the things from the Canadian side? Can I use IMM-1000 to enter Canada and US Advanced Parole to go back to the US between now and August?

Sergey

Manish

Thank you very much. The information is extremely helpful.
Last question: does the fact that I have US EAD/Advanced Parole (I-485 pending) complicate the things from the Canadian side?
---- Canada immigration is not interested in your EAD or AP or I-485 pending and no need to inform them or show them,they have nothing to do if you have applied PR for Australia , US or Pakistan or Sri Lanka or Nepal
Can I use IMM-1000 to enter Canada
---Yes, from US you can enter with IMM-1000 in car
and US Advanced Parole to go back to the US between now and August?
----- Show AP at POE when you enter US and AP must be valid when you enter US

S B

WebCrawler wrote:
    >
    > Hi,
    >
    > "S B" <[email protected]. invalid> wrote in
    > message
    > > I know of no reason to enter in a rental car. In fact, it can cause
    > > more problems ... but make sure that your car is eligible to be brought
    > > to Canada ... see http://www.riv.ca
    >
    > What kind of problems can landing in a rental car cause?
    > I am planning to land in a rental car, and return to the US for a week to
    > wrap-up and import my car.
    > Can this cause problems?

As a resident of Canada, you are not permitted under customs regulations
to drive a US registered vehicle in Canada, except to drive it directly
to the place you are going (home) or an of the rental agency. You are
not permitted to use the car for local mileage. Now, in practice,
customs are fairly lenient here for new residents, but they could be
sticklers, and the fines are not just to you, but also to the rental
agency.