Has anyone been actually denied entry for not meeting 2 of 5 yr rule

texancanadian

Registered Users (C)
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.
 
Hi ,

I guess you need to proove that in past 5 years you are present for atleast 2 years,
I am not sure if they will allow if you live 2 months away, but I had a bad experience when I landed and immigration officer did not allow me to apply for the pr card with friends address !
He said PR card is for People who live in canada and he asked me to come to Canada and apply for it ! It was pretty rough to me,
Infact the guy took my Advance payroll and stamped me with the Canada Immigration stamp ( on My Advance Paryoll and wrote Canada PR with a Pen)

So it depends on the Immigration officer , how we can handle the situation and how he likes , but as per rule he can deny your entry
 
TexanCanadian,

The best option (this in ONLY my opinion) is for you to not take the risk. Between 2006 and 2008 (I am not counting the 2 months of 2005) what you can do is whenever you and your wife have a few days off, you can go to Canada for vacation. Each day you are there counts towards the 2 yr rule, so if in 2 yrs you can accumulate those 60 days, then you are safe.

The situation for the US GC is not very good and you shouldn't risk your Canadian PR at this point, these people (both US & Canadian authorities) can act very unreasonable at times.

FAA
 
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