Enforcement of 2 in 5 yr residence reqt in practice


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texancanadian   
Member since: Jan 04
Posts: 132
Location: Houston, TX

Post ID: #PID Posted on: 01-11-05 19:27:28

Guys,
Do you know anyone personally who has been denied entry into Canada and/or had their PR actually cancelled for not meeting 2 in 5 yrs residence requirement ? I know what the rule is but I was curious as to actual enforcement. How strictly is it enforced ?
Here is my situation.

I got Canadian PR in end March 2005. Landed and stayed in Toronto for 1 week then returned to US in early April. Technically I know I have until April 2008 to go there and maintain my PR. However my PD for US Green card is August 2001 in EB3 India category and my labor just got approved. I have filed for I140 but cant file for I 485 due to retrogression. If congress doesnt pass relief measures or increase quota I think I have only 50% chance of getting a US GC by April 2008.

Thing is my wife is starting an educational program which will complete only in June 2008 so I will be out 3 yrs 2 months. If I havent received US GC by the time she finished this program I will 100% move to Canada. Question is if a 2 month violation is reasonable or will it be held against me.

To summarize basically my question is in practice how strictly/stringently is 2 in 5 yr residency rule applied by Immigration Canada given that it is a well established policy that Canada is trying to increase numbers of immigrants.



NorthYorkDesi   
Member since: Mar 05
Posts: 151
Location:

Post ID: #PID Posted on: 02-11-05 11:37:21

You could always tell a lie. There is a very small risk that you would be caught.

If you are honest they will still let you into the country to appeal. They are strict about the new requirement. You have to prove "substantial residence ties" to Canada to win an appeal.





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