1. No, unless determination of the loss of status has been already made. If
examining officer at the POE determines that PR may have not met residency
obligations then report is filed for the loss of status hearing and PR may
be admitted into Canada until loss of status determination is made and
removal order issued.
2. See (1) above
3. It depends from many factors and may take several months.
4. See (1) above
5. Valid PR Card when entering Canada.
--
../..
Andrew Miller
Immigration Consultant
Vancouver, British Columbia
email: AndrewMillerREMOVE@REMOVEcanada.com
(delete REMOVE from the above address before sending email)
________________________________
"CanadBest1" wrote in message
news:20031219174923.26022.00001346@mb-m06.......
> Hello,
>
> First, I've been reading this forum and truly appreciate you folks giving
your
> time, sincerity and kindness to so many out there.
>
> My question(s) is regarding the entry to Canada for PR's going back home
to
> canada from USA, at the POE, i.e., land border and airport if the subject
of
> residency requirement comes into play with the Canadian immigration at the
POE,
> i.e., 2 years out of 5 years requirement.
>
> As I recall, the older immigration rules stated that:
> " The PR had the right of entry into Canada until inland determination of
the
> status is determined, with full appeal rights to IAD".
>
> As I read Bill C-31, it eemed like these rights were mostly out of the
window,
> but then reading Bill C-11, and the IRPA.... it seems like some rights
were
> restored.
>
> My questions are as follows:
>
> 1. Does the immigration officer has the right to refuse entry into Canada
AND
> could refuse entry to Canada to a PR, SOLELY on the basis of his/her views
of
> not fulfilling the residency requirement?
>
> 2. Does IRPA require the CIC to admit a PR at a POE, i.e., land border
or an
> airport, as a PR and once admitted as a PR, then the PR has to go thru
the
> appeal prrocess.
>
> 3. I undestand that the appeal is heard by the adjudicator. How much
time the
> PR has to get ready, i.e, paperwok, attorney etc to go in front of
the
> adjudicator? Is the adjudication process also done, right then and there,
at
> the POE, LAND BORDER OR AIRPORT.... and if the adjudicator rejects the PR
> application for entry into Canada as a pr, what other appeals are
available to
> the PR BEFORE THE FINAL DECISION...?
>
> 4. IRPA , from my reading, seems to say that a PR has the right to enter
> Canada. Is it true and ALSO is it true in the case that in an immigration
> officer's view, at the POE, the residency requirement is not met
i.e., 2
> years out of a 5 year period?
>
> 5. What are the documents a PR may keep with him/her to prove residency
> requirements?
>
> Thank you.
>
> Regards.
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