Residency Obligation - Point of Entry Decision

[smk]

I and my family landed first in Canada in Sep 2005. Then came to some other country for job and collect funds for permanent move some time later. We all wish to go back in January 2009. My PR card expires in October 2010. This evidents that we will be more than 3 years out of Canada and the time in hand would be less than 760 Days to maintain residency. the Question is, if I fail to prove my Eligibility to retain residency , shall I be straight away deported back (immeditaely) from the Airport? or I shall have some time to appeal (let us say month or so) against that decision? or this matter will be dicussed later through CIC when my PR card expires? I do not wish to come back as I have hardly collected all funds required to survive in Canada from my jobs abroad and never would like to come back with all the arrangements done for a good life and intention to stay in Canada for the following 10 years or more. I would have resigned from my job as well by that time and not prepared for a big mess. Please advise! Regards,

 

[Leon]

Why do you need to work overseas to collect funds? Something wrong with working in Canada?

 

[smk]

Yes you are right. Infact there are no jobs in Canada. I am Engineer and wish to pursue for MBA at York Schulich . It costs 100k CAN, just teh college fee. I know there might be many helps available but I have a family of 2 kids and do not wish to stay with mays and mights. So I planned to save money last year. By Jan 2009, I shall be able to save it. Meanwhile I shall secure my admission as well at York, Ivey, Queens, and Hyskens (OoC) preference wise.

 

[Leon]

There are plenty of jobs in Alberta. So maybe you can't find work in the exact field you worked in before but that's what immigration is about. You come to a new country, new system, possibly new language and you have to adapt. Maybe that means starting out a peg lower than you were before and working your way up again. Maybe it means branching out into a new field.

I was working with a Romanian woman who was a wood engineer. This type of education does not exist in Canada but she found out that by taking 12 exams, she could qualify for a degree as a civil engineer. She was working full time and studying for her exams on her time off, even with husband and kid. Where I worked, she was doing drawings in Autocad, even though I am sure she was capable of much more. When she quit there to go to a better paid job, she had already finished 6 of her exams. Sometimes all you have to do is research a bit into what it is that you can do. In the meantime do the work you can get. Myself, I started in a trade. When you do a trade, you have to start from the bottom but in 3 or 4 years, you can be making very good money.

 

[smk]

Can anybody else help me with my Question? thks!!!

 

[Leon]

If you have a valid PR card when you enter Canada, I am 99% sure that you will not have any problems getting in. The problem will be when your PR card expires and you have to apply for a new one. That's when you will have to list how many days your were away in the last 5 years and they will decide if to renew your PR card or not.

 

[smk]

Thanks LEON for your kind advice.
If I go back to Canada as per my plan, Jan 2009, I will be short of 81 Days from 2 Years stay when I shall go to renew my PR card in Sep 2010. Any experience or guess what would it come out with? Are the too strict with these number of day? Kind Regards,

 

[Leon]

You should look at PMM's answer to the same question from another person at http://www.canadavisa.com/canada-immigration-discussion-board/residency-obligationpoint-of-entry-work-t9404.0.html

He says they will lose you the PR status and let you in for 30 days only to appeal.

Still.. I have never had to prove at the border that I meet my residential obligations. The only thing I remember doing is filling out that little customs form and you do write it on there what date you left Canada so maybe they use that.