Author: Cassandra Fultz, RCIC-IRB

Cassandra specializes in immigration to Canada from the USA, as well as immigration cases pertaining to Procedural Fairness Letters (PFL), post-deportation Authorization to Return to Canada (ARC), Study Permits, PR Card Renewal on Humanitarian and Compassionate Grounds, Criminal Rehabilitation, Temporary Resident Permits, Canadian citizenship, Family Sponsorship, and Visitor Visas. She advocates for her clients with an impressive success rate, including for applications with prior refusals.

The Importance of Having a US Visa When You Have PR in Canada

Date Posted: 2024/08/12

US visa

For permanent residents of Canada, having a US visa can be incredibly beneficial. Whether you’re travelling, returning to Canada through the US, or simply exploring new opportunities, a US visa can make your life much easier. It’s not just a convenience but also a practical necessity for many.

One important scenario where a US visa can be a lifesaver is when your PR card has expired. If you find yourself in the United States with an expired PR card, returning to Canada can become a complex issue. However, having a US visa can simplify the process and provide more options for re-entering Canada.

Entry through the USA Land Border with an Expired PR Card

If you are a permanent resident of Canada with an expired PR card, entering Canada through the USA land border can be less complicated than it might seem. There is no legal requirement to have a valid PR card to enter Canada through the land border in a private vehicle. Therefore, you can re-enter Canada without a valid PR card, provided you meet certain conditions.

When you drive up to the land border from the USA, border officials will check your documents. Even though your PR card is expired, you should carry a valid passport from your country of origin. The passport is essential as it proves your identity and citizenship. You should also be prepared to explain your situation clearly to officials – they will definitely ask why you don’t have a valid PR card. 

However, it’s important to be aware of the potential risks. While you have the legal right to enter Canada as a permanent resident, the Canada Border Services Agency (CBSA) has the authority to issue a removal order on the spot if a PR does not meet the residency obligation at the time of their entry. Although this is generally rare and can be appealed, understanding these risks beforehand can help you prepare adequately for your border crossing. You need to answer their questions in the correct way both to minimize the risk of legal problems, and to avoid misrepresentation. 

Entry to Canada without a Valid PR Card from the USA Must be in a Private Vehicle

If you are entering Canada using any commercial vehicle – this would be any vehicle that you pay a fare for a seat – you must have a valid PR card or PR Travel Document to enter Canada. 

This includes 

  • Bus lines such as Greyhound, Flixbus, or Megabus
  • Trains such as AmTrak or ViaRail
  • Airlines such as Air Canada, United, American Airlines, Air France, Lufhansa, or any other airline

The exemption to the legal requirement to enter Canada without a valid PR card or PRTD only applies to a private vehicle, such as a rental car you drive yourself across in, a relative driving you across in their car, or a private plane. 

How to Get a US Visa as a Canadian Permanent Resident

Once you become a Canadian permanent resident, it is advisable to apply for the US visa sooner rather than later. This is because processing times for US visa appointments are currently 1 – 2 years long. If you don’t already have a US visa by the time you need it to return to Canada, it may be impossible to obtain. 

Further, you need to show ties to Canada in order for the US to approve your visa application. If your PR card in Canada has already expired, your US visa application is more likely to be refused. 

Contact us if you need to get your US visa. 

Valid PR Card Not Required at USA Land Border Entry

Interestingly, Canadian law does not specifically require a valid PR card to enter through the USA land border. Unlike commercial air travel, where a valid PR card or a Permanent Resident Travel Document (PRTD) is a must, land crossings offer more flexibility. This is particularly beneficial for Canadian permanent residents who find themselves with an expired PR card while in the USA.

Upon your return, the CBSA officials will mainly need to confirm your status as a permanent resident. Your expired PR card, along with a valid passport, usually suffices for this purpose. While an expired card is generally accepted at land crossings, having additional documents like a Canadian driver’s licence or a record of landing could be helpful.

It’s crucial to note that while CBSA officers have discretion, they can still ask questions to verify your residency status. They might ask about your travel history, employment in Canada, and other ties to the country. Be forthright and provide all necessary information to facilitate your re-entry. There are significant legal risks to answering the questions asked by CBSA incorrectly.

Risks and Legal Issues When Entering Canada with an Expired PR Card

Entering Canada with an expired PR card comes with certain risks and legal challenges. While you have the right to enter Canada as a permanent resident, CBSA officers have the authority to issue a removal order if there are concerns about your status or if you cannot prove your residency obligations. This can be stressful and may require immediate legal attention.

One significant risk is being questioned about your travel history, work, and residence. If you have been out of the country for long periods, it could raise red flags. Border officials might question whether you’ve met the residency requirement of staying in Canada for at least 730 days in the last five years. Failing to show sufficient ties to Canada can lead to complications.

It’s also vital to consider the legal implications. A removal order or report under IRPA section 44 can be issued if there are any discrepancies or if officials believe you have not upheld your residency obligations. This can be appealed, but it involves legal proceedings and may affect your future travel plans. Therefore, it’s crucial to have all necessary documents ready and to be honest when interacting with border officials.

Always be Truthful when Entering Canada

Anyone who lies or omits information to Canada Border Services Agency has broken multiple federal laws in Canada. From an immigration standpoint, they have violated section 40 of the Immigration and Refugee Protection Act and committed misrepresentation. 

Misrepresentation has substantial risks, and can easily lead to the loss of status in Canada, as well as a years-long bar against entering Canada again. 

Right to Appeal and Legal Recourse

If you face a removal order issued at the border, or at an Immigration and Refugee Board hearing, know that you have the right to appeal. This legal recourse allows you to challenge the decision made by CBSA officials. The appeal must be filed within a certain period, often 15 days, so it’s essential to act quickly. During the appeal process, you can present evidence that supports your permanent resident status and your compliance with residency obligations.

Collecting comprehensive evidence is crucial. This includes bank statements, employment records, leases, or any other documents showing your ties to Canada. An appeal can halt the removal process temporarily, giving you a chance to argue your case. Understanding this right can lessen the stress associated with an expired PR card and entry issues.

Seeking legal advice is extremely important if you find yourself in this situation. An experienced immigration consultant or lawyer can guide you through the process, helping you understand your rights and the best way to present your case. Knowing your legal options ensures you can effectively respond to any challenges at the border. Individuals who represent themselves at appeal hearings are rarely successful. 

Conclusion

Having a US visa as a Canadian permanent resident holds significant importance, especially when dealing with an expired PR card. While you can re-enter Canada through the USA land border without a valid PR card, it’s crucial to be aware of the associated risks and legal implications. Knowing that a valid PR card isn’t required at land entries offers some comfort, but being prepared with all necessary documentation and understanding your rights can make the process smoother.

Facing potential risks such as questioning by CBSA officials and the possibility of a removal order underscores the importance of having your paperwork in order. Knowing your right to appeal and the steps involved can provide an additional layer of security, ensuring that you can address any issues promptly and effectively.

At Doherty Fultz Immigration, we understand the complexities and challenges of immigration regulations. If you have questions or need assistance navigating these rules, contact us today. Our team of Canada immigration consultants in Toronto, Ontario, is here to assist you with your immigration needs.

PR Residency Obligation for Working Abroad in 2024

Date Posted: 2024/08/05

PR residency

Maintaining your permanent resident status in Canada requires meeting specific residency obligations. According to IRPA 28(2)(a)(iii), working outside Canada for a Canadian company can count towards fulfilling these requirements. This is a valuable option for permanent residents who travel or live abroad due to their job.

Understanding how this exemption works can help you make informed decisions. Various factors impact whether the time spent working abroad will count towards your residency obligation. Knowing the type of work that falls under this exemption and the requirements the company has to meet is essential.

Stay informed to ensure you meet all the necessary criteria to maintain your permanent resident status while working abroad for a Canadian company.

What Kind of Work Falls Under This Exemption?

To meet the PR residency obligation while working abroad, your job must fall under certain categories defined by Canadian immigration laws. The work must be full-time and paid by a Canadian business. Freelance work usually does not qualify unless you have an employment agreement directly with a Canadian company.

Full-time employment generally means working at least 30 hours per week. Being stationed abroad by your employer also must be a core aspect of the work itself – if you could do the job from Canada, it does not meet the requirements to meet the PR residency obligation by working abroad. It’s also crucial that the job aligns with the company’s core activities and not just a temporary or casual assignment. For instance, long-term projects or managerial roles often meet the criteria.

The Canadian business employing you must actively operate abroad. Your work should be significant to the company’s operations, such as overseeing international branches, business development, or leading substantial projects. Understanding these specifics helps ensure that your time working outside Canada counts towards your PR residency obligations.

Company Requirements for Meeting the PR Residency Obligation

In addition to your job duties and responsibilities meeting the requirements, the company itself also needs to meet certain requirements. Not all companies qualify for the residency exemption under IRPA 28(2)(a)(iii). The company must be a Canadian business, which includes corporations, associations, or partnerships that are incorporated under Canadian laws. The company’s main operations must be controlled from within Canada.

The company should actively conduct business outside Canada. This means it should have an established presence or operations in the country where you’re working. It must provide proof of ongoing operations, like contracts, business licenses, or substantial financial transactions.

Additionally, the nature of your work must align with the company’s business activities. For example, a tech company sending an employee abroad to open a new branch or a consulting firm managing international client projects would qualify. Employers may need to provide documentation to prove their Canadian status and the necessity of your role abroad.

Make sure the company meets these requirements before assuming that your overseas work will count towards your residency days. Keeping accurate records of your employment and the company’s operations can ensure a smoother process when it comes time to renew your PR card.

If the company does not meet the requirements outlined by IRCC, your PR card renewal or PRTD application will be refused with serious negative consequences. Further, the company must be willing to provide you with documentation that it meets these requirements – it is not enough to say that this is the case; the onus is on the applicant to explain how the company meets the legal requirements, and prove this with documentary evidence. 

Remote Work and Government Work: Do They Count?

Understanding whether remote work and government work count towards your PR residency obligation is crucial. Remote work is a gray area in terms of meeting the residency requirement under IRPA 28(2)(a)(iii). Generally, remote work does not qualify unless you are directly employed by a Canadian company and the work you do is essential to its core functions. However, if your role is administrative or easily replaceable, it may not meet the criteria set by Canadian immigration authorities.

Remote work does not count toward the residency requirement if you actively choose to work remotely. For example, if you could work inside Canada, but the company allows you to work from Mexico, this time you have spent working for a Canadian employer while in Mexico does not count. 

Government work, on the other hand, is more straightforward. If you are employed by the Canadian government and stationed abroad, your time spent working outside Canada counts towards your residency obligation. This applies to federal, provincial, and territorial government employees. Keeping proper documentation, such as employment contracts and deployment orders, can help substantiate your claim when you renew your PR card.

It’s essential to clearly understand the nature of your employment and gather all necessary documentation to support your residency claim. Make sure that your remote work or government position aligns with the Canadian guidelines to avoid any complications.

Regardless of the type of work that you do, and the type of employer you have (private or government), the responsibility is always on the applicant to prove that they meet this requirement and fall under the exemption. 

Any company established for the purpose of the applicant maintaining their PR also does not count toward the residency requirement. 

Does the Type of Work Matter?

The type of work you do can significantly impact whether it meets the PR residency exemption criteria. The work should be full-time and directly tied to the company’s essential operations. Specialized roles such as project managers, engineers, or top-level executives usually qualify. These positions are often vital to the company’s international operations and strategic goals.

However, roles that are considered temporary, casual, or part-time do not usually meet the requirement. Jobs that can be performed independently of the company’s main activities or tasks that can be easily outsourced are also less likely to qualify. Therefore, it is essential to ensure that your role is substantial and necessary for the company’s operations abroad. Jobs that could also be done from Canada or elsewhere, or which do not require you to be abroad as a core aspect of the work, do not count. 

Keep detailed records of your job description, responsibilities, and any relevant contracts. These documents will serve as proof that your work aligns with the criteria set by Canadian immigration authorities. Understanding these requirements can help you effectively meet your PR residency obligations while working abroad.

Conclusion

Meeting the PR residency obligation by working abroad for a Canadian company under IRPA 28(2)(a)(iii) involves understanding specific requirements. Your work must be full-time, directly related to the company’s core operations, and for a Canadian employer with an active presence abroad. Knowing these details can help you make informed decisions about your employment and residency status.

Remote work does not always qualify unless it meets specific criteria, while government work usually counts. The type of work you do plays a crucial role in meeting the residency exemption, so it’s essential to ensure your role is vital to the company’s international operations. Keep detailed records and documentation to support your application when renewing your PR card.

If you have questions or need assistance navigating these rules, contact Doherty Fultz Immigration. Our team of Canada immigration consultants in Toronto, Ontario, is here to help. Reach out to us for personalized guidance and support.

Maximize Your IEC Work Permit to Gain Permanent Residency

Date Posted: 2024/08/02

PR Residency Obligation: Living Abroad with Canadian Spouse

Date Posted: 2024/07/29

Maintaining your permanent resident status in Canada comes with specific residency obligations that must be met. According to IRPA 28(2)(a)(ii), living outside of Canada with a Canadian spouse can count towards meeting these residency requirements. This provision can be a relief for many permanent residents who need to spend time abroad for various reasons, such as work commitments or personal circumstances.

Understanding how these exemptions work is crucial for successfully maintaining your PR status. Various factors can influence whether the time spent outside Canada with your spouse will count toward your residency obligation. Knowing which family members fall under this exemption, how long you need to be living abroad, and whether common-law partners or other types of relatives are included can help you make informed decisions.

In this article, we will cover essential aspects of meeting your PR residency obligations while living outside Canada with your Canadian spouse. This includes understanding which family members can benefit from this exemption, the duration required, and other important details. By the end, you will have a clear understanding of how to navigate this complex area of Canadian immigration law.

Which Family Members Fall Under This Exemption?

The first step in understanding how to meet your PR residency obligation under IRPA 28(2)(a)(ii) is knowing which family members can benefit from this exemption. The primary individual who qualifies is your Canadian spouse. If you are a permanent resident and you are married to or living common-law with a Canadian citizen, the time you spend living together outside Canada can count toward your residency requirements.

It’s important to clarify that not all family members are covered under this exemption. The law specifically mentions Canadian spouses and common-law partners. This means that other relatives, such as parents or adult children, do not qualify under this particular provision. Nevertheless, knowing that your Canadian spouse fits into this category can simplify the planning of your extended stays abroad.

For permanent residents, this includes both legally married spouses and common-law partners, provided the relationship meets the necessary legal definitions. Understanding this is vital for ensuring that the time spent outside Canada effectively contributes to fulfilling your residency obligations. 

How Long Do I Need to Live Outside Canada with My Canadian Spouse?

The next crucial aspect is understanding the duration for which you need to live outside Canada with your Canadian spouse for it to count towards your residency obligation. According to Canadian immigration rules, you need to be physically present in Canada for at least 730 days (about two years) within a five-year period. However, if you are living outside Canada with your Canadian spouse, those days can be added to your Canadian residency days.

The 730-day requirement can be met through various combinations of time spent inside and outside Canada. For example, if you lived in Canada for one year and then spent two years abroad with your Canadian spouse, those two years abroad would count towards your residency obligation. Essentially, the days you live outside Canada with your spouse are treated as if you were physically present in Canada.

Keep track of the time you spend both in Canada and abroad. Accurate record-keeping can save you from future complications when renewing your PR card or if your residency status is questioned. Understanding how to calculate these days can simplify the entire process and ensure you meet your residency obligations seamlessly.

Does It Include Common Law Partners, Children, and Parents?

Another important consideration is whether common-law partners, children, and parents fall under this residency exemption. In the context of Canadian immigration law, common-law partners do qualify, provided the relationship meets legal standards. This means that if you are a permanent resident living outside Canada with your Canadian common-law partner, that time will also count towards your residency obligation.

However, the rules become more restrictive when considering other family members. Only a minor child (under 18 years old) who is a permanent resident, and is living outside Canada with a parent who is a Canadian citizen can take advantage of this rule. A child who is 18 or older living outside Canada with a Canadian parent cannot meet the residency obligation this way.

No other familial relationship is given any exemption under the law.

If you are a permanent resident and intend to live abroad, clarifying the status of your relationships can help you ensure that you meet residency obligations. Always keep legal documentation that supports your relationships, whether it’s marriage certificates or proof of a common-law relationship, as these will be essential when confirming your residency status.

Do I Submit a Normal PR Card Application?

When it comes time to renew your PR card, you might wonder if there’s a different application process if you’ve been living abroad with your Canadian spouse. You will still follow the standard PR card renewal procedure, but you will need to provide additional documentation that proves your time spent outside Canada with your Canadian spouse.

Submit your completed application form along with proof of your relationship, such as a marriage certificate or evidence of a common-law partnership. You will also need to provide documentation that shows you lived together outside Canada, such as rental agreements, joint bank account statements, or other relevant records. These documents will substantiate your claim and demonstrate that you have met your residency obligations through the time spent overseas with your Canadian spouse.

Collecting the necessary documentation in advance can make the renewal process smoother and quicker. While the procedures for renewing your PR card are straightforward, failing to provide comprehensive evidence could result in delays or complications. By understanding what is required, you can ensure a seamless PR card renewal process and maintain your permanent resident status without issues.

It’s important to remember that the responsibility is on the applicant to show that they fall under this exemption to the physical presence requirement with sufficient documentation. If the officer believes the applicant did not prove they live with their Canadian spouse, the application will be refused.

Conclusion

Meeting the PR residency obligation while living outside Canada with your Canadian spouse or common-law partner is possible under IRPA 28(2)(a)(ii). Understanding which family members fall under this exemption, the duration required, and the specific documentation needed can help you meet your residency obligations effectively. While the exemption applies to Canadian spouses and common-law partners, it does not extend to children or parents, making it essential to plan accordingly.

Submitting a normal PR card application with additional documentation will help substantiate your time abroad. Keeping detailed records and understanding the legal requirements can simplify the renewal process and ensure your permanent resident status is maintained.

For comprehensive support and expert guidance tailored to your unique situation, contact Doherty Fultz Immigration. Our team of immigration consultants in Toronto, Ontario, is ready to help you navigate the complexities of Canadian immigration. Reach out to us today.

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Date Posted: 2024/07/29

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Canada’s Immigration Policy and Strategies

Date Posted: 2024/07/17

What is Canada’s immigration policy?

Canada’s immigration policy encompasses a range of programs and regulations that govern the entry of individuals into the country for temporary or permanent residence. The policy is designed to achieve various economic, social, and humanitarian goals. Here are some key aspects of Canada’s immigration policy:

  1. Economic Immigration: Canada’s immigration policy places a strong emphasis on attracting skilled workers to contribute to the country’s economy. Economic immigration programs, such as the Federal Skilled Worker Class (FSWC), Federal Skilled Trades Class (FSTC), and Canadian Experience Class (CEC), are managed through the Express Entry system. This system is designed to select candidates who are most likely to succeed economically in Canada.
  2. Family Reunification: The policy also prioritizes the reunification of families in Canada. This includes sponsorship programs for spouses, partners, children, parents, and grandparents.
  3. Refugee Protection: Canada is committed to providing protection to those in need through its refugee and asylum programs. This includes government-assisted and privately sponsored refugee programs, as well as protection for asylum seekers who make claims from within Canada.
  4. Provincial and Territorial Nomination: The Provincial Nominee Program (PNP) allows provinces and territories to nominate individuals who wish to immigrate to Canada and who are interested in settling in a particular province or territory.
  5. Humanitarian and Compassionate Grounds: Canada’s immigration policy includes provisions for individuals to apply for permanent residence on humanitarian and compassionate grounds.
  6. Quebec Immigration: The province of Quebec has a special agreement with the Government of Canada and has its own rules for selecting immigrants who will adapt well to living in Quebec.
  7. Temporary Residents: Canada’s policy also includes provisions for individuals to come to Canada temporarily, including students, temporary foreign workers, and visitors.
  8. Integration and Citizenship: The policy includes support for newcomers to help them integrate into Canadian society and eventually become citizens.
  9. Admissibility: Canada’s immigration policy includes rules about who may not be allowed to enter Canada, based on security, health, financial, or other reasons.
  10. Multiculturalism: Canada’s policy embraces multiculturalism and diversity, and it encourages immigrants to retain and share their cultural heritage while integrating into Canadian society.

Canada’s immigration policy is subject to change based on legislative amendments, evolving economic needs, demographic challenges, and international obligations. The policy is administered by Immigration, Refugees and Citizenship Canada (IRCC), which is responsible for applying and enforcing immigration laws and regulations.

Which programs is Canada using to achieve its immigration goals?

Canada achieves its immigration goals through a variety of programs, policies, and initiatives designed to attract, select, and integrate immigrants from around the world. Here are some of the key ways in which Canada works towards achieving its immigration goals:

  1. Express Entry System: Canada uses the Express Entry system to manage applications for permanent residence from skilled workers. Candidates are ranked based on factors such as age, education, work experience, and language proficiency, and those with the highest scores are invited to apply for permanent residence.
  2. Provincial Nominee Programs (PNPs): Provinces and territories have their own immigration programs that target specific needs in their labor markets. Through PNPs, provinces can nominate individuals for permanent residence who have the skills and experience required locally.
  3. Family Sponsorship: Canada promotes family reunification by allowing Canadian citizens and permanent residents to sponsor their relatives, including spouses, partners, children, parents, and grandparents, for permanent residence.
  4. Refugee Programs: Canada fulfills its humanitarian commitments by resettling refugees through government-assisted and privately sponsored programs, as well as by processing claims for refugee protection made by individuals already in the country.
  5. Global Skills Strategy: To attract highly skilled workers, Canada has implemented the Global Skills Strategy, which includes features like expedited work permit processing for certain high-skill occupations and a two-week processing time for eligible high-skilled workers.
  6. International Student Programs: Canada encourages international students to study at Canadian institutions, with the possibility of post-graduation work permits and pathways to permanent residence.
  7. Temporary Foreign Worker Program (TFWP): This program allows Canadian employers to hire foreign workers to fill temporary labor and skill shortages. Some streams of the TFWP also provide pathways to permanent residence.
  8. Rural and Northern Immigration Pilot: This community-driven program is designed to spread the benefits of economic immigration to smaller communities by creating a pathway to permanent residence for skilled foreign workers who want to work and live in one of the participating communities.
  9. Atlantic Immigration Program: This program helps employers in Canada’s Atlantic provinces—Nova Scotia, New Brunswick, Newfoundland and Labrador, and Prince Edward Island—to hire qualified candidates for jobs they haven’t been able to fill locally.
  10. Agri-Food Pilot: This pilot program provides a pathway to permanent residence for workers in specific agri-food industries and occupations.
  11. Caregivers Program: Programs for caregivers allow individuals who provide care for children, the elderly, or those with medical needs the opportunity to become permanent residents.
  12. Integration Services: Canada invests in settlement services, such as language training, employment services, and community support, to help newcomers integrate into Canadian society.
  13. Multiculturalism Policy: Canada’s commitment to multiculturalism helps create an inclusive society that is welcoming to immigrants, which in turn supports their integration and retention.
  14. Regular Policy Updates: Canada regularly updates its immigration level plans and policies to respond to current economic and social needs, as well as global trends and events.

By employing these and other strategies, Canada aims to meet its immigration targets, support its economy, reunite families, and uphold its humanitarian commitments. The specific goals and the means to achieve them are outlined in annual immigration levels plans and are subject to ongoing review and adjustment by Immigration, Refugees and Citizenship Canada (IRCC).

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Do You Want to Take a Study Break Without Risking Your Work Permit?

Date Posted: 2024/07/17