Re-Post. Subject: Residency question for Mr Metcalfe, Mr Humphries, Mr Miller, PMM, and other experts.

12-19-2003, 10:30 PM

I am re-posting my message, as I saw my message earlier on the forum, but has
dissappeared now. Thank you.

Subject: Residency question for Mr Metcalfe, Mr Humphries, Mr Miller, PMM, and
other experts.
From: (CanadBest1)
Date: 12/19/2003 2:49 PM Pacific Standard Time
Message-id: <>

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.

12-19-2003, 10:54 PM

Your post has already been replied to when originally posted. Look again.

__________________

../..

Andrew Miller
Immigration Consultant
Vancouver, British Columbia
email:
(delete REMOVE from the above address before sending email)
________________________________

"CanadBest1" <> wrote in message
news:...
    > I am re-posting my message, as I saw my message earlier on the forum, but
has
    > dissappeared now. Thank you.
    > Subject: Residency question for Mr Metcalfe, Mr Humphries, Mr Miller,
PMM, and
    > other experts.
    > From: (CanadBest1)
    > Date: 12/19/2003 2:49 PM Pacific Standard Time
    > Message-id: <>
    > 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.