Me and my wife tried to land thru Buffalo by road and had the following problem. We are planning to re-land in the next month or so to give ourselves sometime (this time flying). Does anyone see an issue with it and what does Para 42(1) imply?....any info is highly appreciated. Our visas expire in the next 45 days, so please respond ASAP.....
Below is the interview with the immigration officer:
1. What is the reason for visit?
I answered that we were landing
2. Show me the COPR and Passports and the need the address in Canada ? I gave him the documents and the address
3. He wrote the address on the Medical requirement form? And then I asked him that the address is a ‘Care of’ address as we will be going back to USA in 3 days
4. He looked at me weirdly and asked me if I were going back, what address is this? I mentioned to him that the address was my friends address in Canada . He then commented that you guys are then not landing as you are going back, plus my wife cannot report to the Medical authorities and get clearance in 3 days, so he has to send us back to USA . He was insistent that medical exams cannot be done in 3 days and we would need atleast 30days for medical check ups for my wife in Canada, per the law.
5. He mentioned that this is ‘Serious’ and he cannot let us land we need to go back to USA . He said that if my visas were expiring, I can request for an extension and come back when I am ready to land when I quit my job in USA and decide to move permanently.
6. I informed him that I talked to the medical agency in Toronto and they mentioned to me that my wife can go thru the Medical exams when we permanently move to Canada in future. He didn’t seem convinced and asked us to take our seats and didn’t let us talk anymore. He was very rude in his expressions and behaviour.
6. He typed something into the computer for a few mins and got a print out and asked us to follow him outside the building and gave the documents to us and asked us to return back to USA .
He DID NOT ask us to sign the IMM 5292 document; he just gave it to us and sent us back. The summary of the document reads as below:
‘PURSUANT TO PARAGRAPH 42(1) OF THE IMMIGRATION AND REFUGEE PROTECTION ASSOCIATIONS, I AM ALLOWING YOU TO WITHDRAW YOUR APPLICATION TO ENTER CANADA AND LEAVE CANADA WITHOUT DELAY’.
In the comments he wrote ‘Cannot meet conditions to land’.
Quote:Para 42(a) is the inadmissiblity section and list the conditions under which you can be considered inadmissible.
Originally posted by prc
Me and my wife tried to land thru Buffalo by road and had the following problem. We are planning to re-land in the next month or so to give ourselves sometime (this time flying). Does anyone see an issue with it and what does Para 42(1) imply?....
It appears that in this case, you were considered inadmissible because you could not fulfill the pre-conditions of your PR visa (medical exam).
Quote:IMHO, you made a mistake by stating up-front that your intention is not to land.
3. He wrote the address on the Medical requirement form? And then I asked him that the address is a ‘Care of’ address as we will be going back to USA in 3 days
4. He looked at me weirdly and asked me if I were going back, what address is this? I mentioned to him that the address was my friends address in Canada . He then commented that you guys are then not landing as you are going back, plus my wife cannot report to the Medical authorities and get clearance in 3 days, so he has to send us back to USA . He was insistent that medical exams cannot be done in 3 days and we would need atleast 30days for medical check ups for my wife in Canada, per the law.
I do not know the law and I am not an immigration expert or consultant, but in my lay understanding, the officer was simply enforcing the law correctly.
When you "land" you are demonstrating the intent to become a "permanent resident".
If you "land" and immediately go back to your country of origin, you are not really becoming a permanent resident, right?
In other words, you "landing" cannot be called an act of residing permanently since you fully intend to go back.
Hence, the officer raised an objection.
Side note - this is becoming more and more common where POE officers are objecting to people simply "landing" and going back within a few days - not to return before another 3 years.
I have heard of several cases where the POE officer refused to put in a PR card request because the person intends to go back.
The officers have been telling such immigrants that they will not be issued a PR card and will get it only once they move permanently.
Quote:As far as I know, CHC doesn't extend PR visas, at least not without exceptional circumstances.
5. He mentioned that this is ‘Serious’ and he cannot let us land we need to go back to USA . He said that if my visas were expiring, I can request for an extension and come back when I am ready to land when I quit my job in USA and decide to move permanently.
Quote:If a follow-up medical examination is a pre-condition to your PR visa, then the officer is probably enforcing the rule.
6. I informed him that I talked to the medical agency in Toronto and they mentioned to me that my wife can go thru the Medical exams when we permanently move to Canada in future.
Quote:As I said above, they are getting more and more strict with people who "land" without any intention of staying.
He didn’t seem convinced and asked us to take our seats and didn’t let us talk anymore. He was very rude in his expressions and behaviour.
Since your PR visa is still valid, I believe you should land as soon as possible and set up permanent residency here in Canada.
That will enable you to meet the pre-conditions of the medical exam as well.
In order to avoid any complications, try and wrap up all your affairs in the US at once and move once and for all, lock stock and barrel.
Side-note - there is no difference in law between landing by road and landing by flying.
If anything, landing by flying is more complicated because your stuff ships separately.
Since you are in Buffalo, rent a U-Haul and move all your stuff at once - you'll find it a lot easier.
Hope this helps.
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"Mah deah, there is much more money to be made in the destruction of civilization than in building it up."
-- Rhett Butler in "Gone with the Wind"
Location: God's own country
Posted on: 06-09-07 22:45:02
I am not sure as to what the officer would say when you try to land the second time but you sure made a big mistake while landing the first time. You made all these calcualtions of having a back up plan by having applied for immigration to Canada but yet still could not cook up plans to cheat the visa officer at the POE.
Let me give you some tips as to what my friends did when they crossed into Canada with the intention of going back to USA after landing :
They went to garage sales and bought some old suitcases and some junk antiques. They filled their suitcases with junk antiques and their cloths. They also filled their car with house hold stuff (and garbage) consisting of Maicrowaves, Portable fridges, DVD player and Mini Tv and crossed the border. For the Car they got some letter from the MTO, USA (I donot know what it is exactly ) and the Visa officer never asked them a question.
This is also exactly what the Chinese do.
Anyways, I hope that this experience will atleast warn other desi's (thinking of having Canada as a backup) to be more careful.
TK A
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I am a Gents and not a Ladies.
TK --
Quote:Are you recommending that instead of landing the proper way, the person should cheat the system?
Originally posted by tamilkuravan
I am not sure as to what the officer would say when you try to land the second time but you sure made a big mistake while landing the first time. You made all these calcualtions of having a back up plan by having applied for immigration to Canada but yet still could not cook up plans to cheat the visa officer at the POE.
Do you realise that the implications of cheating are not only for the person doing the cheating, but for everyone else - i.e. all current and future potential immigrants?
This is because the immigration authorities get more and more intolerant with this kind of practice and start becoming strict and rude.
The Govt. starts imposing draconian rules, restrictions and scrutiny on all applicants, making it harder for everyone.
I moved from US to Canada as well and from Buffalo, like the OP did.
At that time, the process was smoother but if more and more people start doing things like you suggest, very soon that process will become painful for everyone.
Quote:WTF !
They went to garage sales and bought some old suitcases and some junk antiques. They filled their suitcases with junk antiques and their cloths. They also filled their car with house hold stuff (and garbage) consisting of Maicrowaves, Portable fridges, DVD player and Mini Tv and crossed the border. For the Car they got some letter from the MTO, USA (I donot know what it is exactly ) and the Visa officer never asked them a question.
Why do you have to do all this?
Make up your mind what you wanna do - stay in US or move to Canada.
If you want to stay in US, don't take up PR in Canada.
If you would rather be in Canada, wind-up your affairs in the US as soon as you can and move.
Quote:How can you make a blanket accusation like that?
This is also exactly what the Chinese do.
Maybe the Chinese tell everyone that this is what the Indians do.
Quote:This I agree with.
Anyways, I hope that this experience will atleast warn other desi's (thinking of having Canada as a backup) to be more careful.
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"Mah deah, there is much more money to be made in the destruction of civilization than in building it up."
-- Rhett Butler in "Gone with the Wind"
Location: God's own country
Posted on: 07-09-07 09:35:19
Pratickm,
I was not suggesting to the OP or any others that they should cheat the system. I was merely telling the story of what some Indians / Chinese do to cheat the system when they do the landing by road. It is a very well known fact that many Gulf'ies do the same thing. They land, apply for their PR card and go back in a week.
IMO. The OP was originally trying to cheat the system of trying to sneak in to Canada to get the PR card and leave and he was caught. Do you honestly think that (with 45 days for the visa to expire) he is going to wind up all his business in the USA and enter Canada permanently? No , I donot think so. He is going to go to an immigration lawyer and find out how he can again sneak into Canada to get the pR card but taking the necessary precautions not to get caught.
I hate this kind of people, but what can we do? The law has to take his own course.
TK A
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I am a Gents and not a Ladies.
Hi prc,
I personally don't feel anything wrong in landing first and settling (permanent) later. Neither I think authorities are against it, they can't expect everyone to uproot so fast and land in Canada permanently. For some it can take 1 month for some 6 and for some 2-3 yrs. When one applies for PR are we assured of getting it? So we don't plan anything else in life and wait to move as soon the PR is handed?
I think your case went wrong because of the medicals yet not done for your wife. Can they be done in US? And you carry them with you this landing? I request other fellow CD's to help who know anything of it.
The other thing I'll say is if you don't plan to stay permanently then don't apply for the PR card (hence no need for friend's address). PR card is needed when one is in the country. Whenever you plan to relocate in future you'll just have to attain a visa (special visa for PR holders but without PR cards to re-enter Canada).
Hope this helps in any way and "All the best" for your landing.
Jona
Once someone applies for Permanent residency in Canada and obtains a Permanent resident visa, I would assume when that person comes to the border they are expected to enter Canada as a permanent resident. Therefore, I believe that person would have no choice but to apply for a PR card at that point. How else would you re-enter Canada once you left?
Secondly, I am sure there are thousands of people, especially H-1Bs who applied for Canadian PR as a 'backup'. Most often these are the people who want to 'land' for a couple of days, get their SIN., apply for a health card etc. and then go back to their lives in the US. I know that there are thousands of people doing this successfully every day. I just can't imagine why anyone would be dumb enough to actually state this openly to an officer at the border.
Sure, some officers would let it slide.
However, I think it is not unreasonable for an officer at the border to turn such people away because clearly they are entering Canada more as 'tourists' than permanent residents.
