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jef Posts: 3
Posted On: 6/15/2016
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Dear All,
My name is Jaafar , holding a Jordanian passport ,
hopefully you can help me in my situtation and please dont ignor my post :).
I have been out of Canada for about last 3 years since my landing in 2013, we spent only one week in Montreal.
Currently, I am working in UAE, Dubai, I have three kids, and two of them were landed with me in 2013. The smallest one was born in august 2014.
I have got him a Travel Visa document to enter to Canada which will mainly expire in March 2018.
Since that day, we have done the proper planning to integrate smoothly with the Canadian community. Such as register my kids in French school, and their French language now is perfect.
I could not meet the residency requirements as I tried my best to contact the employers there in Montreal to get a job, but I could not get any opportunity, especially the living cost there is very expensive. In addition I am the only supporter for my father and mother, especially their age is 68, and every time, I am thinking to leave them, I think twice about my immigration. I hope you understand my humanitarian concerns.
I will be very thankful if you can help me to clarify the following questions:
1- If I decide to go next year in June 2018, Will they allow me enters, into the Canada if only one year and couple of months left for PR card to be expired? The prc will be expire in Sep 2018
2- If they suspect in point (1), that I don’t meet the residence requirements, which will happens, especially my son has only visa ??what will happen in this case?
3-In case point (1), they will allow me to enter, can I live with an expire PRC? Can I Sponsor my small child in this case?
will i recieve any financial assisstance for my kids who have the PRC??
4-In case (3), after completing the730 days; will I be subject to question about my absence by the officials, on applying for renewal? Also can I apply for a job there even if my PRC is expired?
5-If in the second point applies, and they reported me as I did not t meet the residency requirements, and ask me to appeal to keep my PRC? What will happen if I appeal? Do I have to leave the Canada in this case?
6-What will happen with my small child with Visa? Can I sponsor him once I reached there? In case they reported me and have to appeal?? What will happen with my small child? What do you advice?
7-Is there any way to get the residence or extend the residence five years more in Montreal, without staying the 730 days?
For now these are my questions, I will be very happy if you can analyze my situation and help me in any advice, i can do it from now to prevent any problems next year, such as buying apprtment , anything you can advice.
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Moderator Moderator Posts: 4075
Posted On: 6/27/2016
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Hello,
Thank you for sharing your questions with us.
Regarding your questions,
1- If I decide to go next year in June 2018, Will they allow me enters, into the Canada if only one year and couple of months left for PR card to be expired? The prc will be expire in Sep 2018 2- If they suspect in point (1), that I don’t meet the residence requirements, which will happens, especially my son has only visa ??what will happen in this case?
Regarding the process, as you may have already read, basically what happens is that, each time you enter Canada, Citizenship and Immigration may calculate 5 years back from the date you have entered or re-entered Canada to see if you have fulfilled your residency obligation.
You can find information on the process that is followed when entering Canada in this Citizenship and Immigration Canada (CIC) ENF 23 - Loss of Permanent Resident Status manual.
Here is an excerpt from the manual on what happens at the port of entry here:
"7.8 Examining Permanent Residents at a POE (Port of Entry)
When a permanent resident appears at a POE for examination, the officer must confirm that the person is a permanent resident. Officers must remain cognizant of the fact the Act gives permanent residents of Canada the right to enter Canada at a port of entry once it is established that a person is a Permanent Resident, regardless of non-compliance with the residency obligation in A28 or the presence of other grounds of inadmissability.
Port of entry officers (POE) can refuse entry to a Permanent Resident only when the person has already lost the status in accordance with the provisions of A46 (such as when a final determination has been made that they have failed to comply with the residency obligations or when a removal order comes into force).
In other words, once a permanent resident's status is established, the person may enter Canada by right and the immigration examination under IRPA concludes.
If an officer has concerns that a permanent resident has not complied with the residency obligation of A28, the officer should advise the permanent resident when the examination is concluded that they are authorized to enter Canada; however, the permanent resident may wish to answer additional questions so the officer may determine whether their concerns are well founded or not.
In cases where:
- permanent resident status is established;
- the permanent resident refuses to provide any further information and enters Canada;
and
- the officer believes, on a balance of probabilities that the person is in non-compliance with the residency obligation, officers may report the person, pursuant to A44(1). if there is sufficient evidence to support an inadmissibility allegation. In the absence of sufficient evidence to support the writing of an inadmissibility report, officers may enter any available information into FOSS (date of entry, last country of embarkation, current address in Canada etc.)."
It is important to note that in terms of loss of permanent residency, a person does not lose it until a final determination has been made.
According to the Citizenship and Immigration Canada (CIC) ENF 23 - Loss of Permanent Resident Status manual,
"It is important to note that a permanent resident does not lose their status under A46(1)(b) until there is a final determination of the decision made outside Canada that they have failed to comply with the residency obligation under A28.
Permanent residents are not finally determined to have lost their permanent resident status until the right of appeal has been exhausted."
We have had some of our users previously state that they have been able to contact IRCC from abroad by dialing 1 613 944 4000. Listen to the options to get to IRCC. Then you should be transferred to the IRCC Call Centre.
Please note though that some have reported that it did not work for them or that it is no longer working.
You may want to give it a try.
Long distance charges will apply.
You may also want to contact a Lawyer who is knowledgeable about Canadian immigration issues for some help and advice regarding your situation.
3-In case point (1), they will allow me to enter, can I live with an expire PRC? Can I Sponsor my small child in this case? will i recieve any financial assisstance for my kids who have the PRC??
In terms of when to try to sponsor your child after not meeting the residency requirements, you may want to contact a Lawyer who is knowledgeable about Canadian immigration issues for some help and advice regarding your situation.
You can find the eligibility criteria for receiving the Canada Child Tax Benefit (CCTB) on the Canada Revenue Agency (CRA) website.
4-In case (3), after completing the730 days; will I be subject to question about my absence by the officials, on applying for renewal? Also can I apply for a job there even if my PRC is expired?
If you have a Social Insurance Number you should be able to apply for a job.
Regarding your questions,
5-If in the second point applies, and they reported me as I did not t meet the residency requirements, and ask me to appeal to keep my PRC? What will happen if I appeal? Do I have to leave the Canada in this case? 6-What will happen with my small child with Visa? Can I sponsor him once I reached there? In case they reported me and have to appeal?? What will happen with my small child? What do you advice?
You may want to contact a Lawyer who is knowledgeable about Canadian immigration issues for some help and advice regarding your situation.
Regarding question 7,
7-Is there any way to get the residence or extend the residence five years more in Montreal, without staying the730 days?
No, there is no way to extend your expiry date of your PR card. There are only certain ways you can meet your residency requirements without being physically present in Canada.
You can find that type of information in the Immigration, Refugees and Citizenship Canada -How long must I stay in Canada to keep my permanent resident status? FAQ.
I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.
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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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