Q. My friend who is a Canadian PR has been stayed outside Canada for more than 6 month for the purpose of study in a European country, and now he would like to return to Canada. He didn’t apply for a Returning Permit when he left Canada, because he didn’t have the intention of abandoning Canada as the permanent residence. In addition, his family has been in Canada and himself still hold a Canadian bank account. He even has a car in Canada which has not been used in the past months.
At the Port of Entry of Canada, IF the immigration officer thinks he wants to abandon Canada, what would happen? Will he be refused to enter Canada and go back to Europe RIGHT AWAY?
Answer: If the immigration official is convinced that the individual had intended to abandon Canada as the place of permanent residence, a number of things may happen:
1) The immigration official could request that the individual leave Canada. As a permanent resident, however, he has the right to insist on his admission, and that an adjudication be held into the case (see 2,3).
2) The immigration official may admit the individual and request an adjudication be held. The individual would be then required to demonstrate the lack of intent to abandon Canada at the adjudication.
3) The immigration official may detain the individual within Canada until the scheduled adjudication. The individual would be then required to demonstrate the lack of intent to abandon Canada at the adjudication.
Again, these are possible only if the immigration official is not satisfied with the individual’s efforts to demonstrate that he did not intend to abandon Canada.
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