Residency Obligation not met need guidence

[AmitChirania]

Hi All,

I applied my PR in Sep-2014 and got it in Mar-2017. I have done the landing formalities in May-2017 with wife and daughter and went back to India after 8 days. I was planning to return on Jan-2020 but due to corona could not travel. I was planning to travel to Toronto in between 20-Jun-22 to 01-Jul-22 but the issue is my wife's PR end date is 11-Jul-2022 and mine and my daughters is 11-Feb-2023. It will be too close to PR end date.
I want to know the following:
1. will I be allowed to Enter Canand?
2. will the immigration will report my RO not met?
3. if they allow me and report RO not met how many days I have? will they deport us?
4. Is it worth to take so much risk?

Regards,
Amit.

 

[akmh1b]

Do you have a valid PR card for all the travellers or you will need to apply for PRTD? If you have a valid PR card that hasn't expired there shouldn't be any problem. You can search the forum about people who came back month/week before expiry. It is when you will try to renew the card or travel out without having met the residency that issues will arrive. Until then if you just come back to Canada you should be fine.

 

[armoured]

I applied my PR in Sep-2014 and got it in Mar-2017. I have done the landing formalities in May-2017 with wife and daughter and went back to India after 8 days. I was planning to return on Jan-2020 but due to corona could not travel. I was planning to travel to Toronto in between 20-Jun-22 to 01-Jul-22 but the issue is my wife's PR end date is 11-Jul-2022 and mine and my daughters is 11-Feb-2023. It will be too close to PR end date.
I want to know the following:
1. will I be allowed to Enter Canand?
2. will the immigration will report my RO not met?
3. if they allow me and report RO not met how many days I have? will they deport us?
4. Is it worth to take so much risk?

Do you all have PR cards (is that what you mean by 'PR end date')? SIN numbers so that you can work?

There are multiple, multiple threads here about this and similar situations. See this same forum (or sub-forum).

I'm going to reverse order of answer and say this: are you (all of you, basically) prepared to remain in Canada and not travel at all for more than two years? Because if not, the situation will get more difficult and may not be tenable.

So to respond to your questions in order:
1) Yes.
2) No-one knows. All you can do is try. We can say that there is at least some leniency about covid-related reasons. (If you are let in and not reported, you really should remain in CAnada until in compliance and you renew your PR cards. In the meantime you live and work in Canada like any other PR - 'not in compliance' does not mean in Canada illegally.)
3) If reported, you will be allowed to appeal and remain in Canada and work in Canada during the appeal. No-one can say whether you will win the appeal.
4) Impossible for anyone to answer. See my above though: if you won't be prepared to essentially remain in Canada and not travel at all for several years, it will be much more difficult and risky.

 

[Neuro]

Hi All,

I applied my PR in Sep-2014 and got it in Mar-2017. I have done the landing formalities in May-2017 with wife and daughter and went back to India after 8 days. I was planning to return on Jan-2020 but due to corona could not travel. I was planning to travel to Toronto in between 20-Jun-22 to 01-Jul-22 but the issue is my wife's PR end date is 11-Jul-2022 and mine and my daughters is 11-Feb-2023. It will be too close to PR end date.
I want to know the following:
1. will I be allowed to Enter Canand?
2. will the immigration will report my RO not met?
3. if they allow me and report RO not met how many days I have? will they deport us?
4. Is it worth to take so much risk?

Regards,
Amit.

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[canuck78]

Hi All,

I applied my PR in Sep-2014 and got it in Mar-2017. I have done the landing formalities in May-2017 with wife and daughter and went back to India after 8 days. I was planning to return on Jan-2020 but due to corona could not travel. I was planning to travel to Toronto in between 20-Jun-22 to 01-Jul-22 but the issue is my wife's PR end date is 11-Jul-2022 and mine and my daughters is 11-Feb-2023. It will be too close to PR end date.
I want to know the following:
1. will I be allowed to Enter Canand?
2. will the immigration will report my RO not met?
3. if they allow me and report RO not met how many days I have? will they deport us?
4. Is it worth to take so much risk?

Regards,
Amit.

Do you have proof that you intended on moving to Canada in January 2020. You would have already had flights booked if you were planning on leaving but suddenly Covid was an issue in China. A flight booking from January 2020 that you didn’t use and proof that you cancelled or put on hold sue yo concerns that Covid would spread out of China would be very helpful for proof of H&C. There were minimal changes to everyday lives in the rest of the world at that point. Did you have anymore children when you were abroad? Do you all have SIN? You never qualified for health cards so hopefully you didn’t apply for any. Your wife may run into issues getting a health card if she doesn’t have a valid Pr card. Do you have valid US visas if you aren’t able to get a flight in later June early July?

 

[steaky]

Do you have proof that you intended on moving to Canada in January 2020. You would have already had flights booked if you were planning on leaving but suddenly Covid was an issue in China. A flight booking from January 2020 that you didn’t use and proof that you cancelled or put on hold sue yo concerns that Covid would spread out of China would be very helpful for proof of H&C. There were minimal changes to everyday lives in the rest of the world at that point. Did you have anymore children when you were abroad? Do you all have SIN? You never qualified for health cards so hopefully you didn’t apply for any. Your wife may run into issues getting a health card if she doesn’t have a valid Pr card. Do you have valid US visas if you aren’t able to get a flight in later June early July?

Were you confused China with India? OP said India, while you said China.

 

[Eusufzai]

Hi All,

I applied my PR in Sep-2014 and got it in Mar-2017. I have done the landing formalities in May-2017 with wife and daughter and went back to India after 8 days. I was planning to return on Jan-2020 but due to corona could not travel. I was planning to travel to Toronto in between 20-Jun-22 to 01-Jul-22 but the issue is my wife's PR end date is 11-Jul-2022 and mine and my daughters is 11-Feb-2023. It will be too close to PR end date.
I want to know the following:
1. will I be allowed to Enter Canand?
2. will the immigration will report my RO not met?
3. if they allow me and report RO not met how many days I have? will they deport us?
4. Is it worth to take so much risk?

Regards,
Amit.

Hi Amit,

Greetings! I guess you can have a try and lets see as suggested by expert here in this forum. Still you have the chance to appeal in the court if you are reported. However, I have just a small things to know from you case. You said you landed on May-2017 and stayed in Canada for 8 days and returned to India. If I am not wrong, your PR card should expire on May, 2022 for a validity period of 5 years. However, you wrote you and your daughters card will expire on 11-02-2023. Could you please check your validity period again, because this might be an issue. However, keep in touch with your progress.

Best regards,

Eusufzai

 

[scylla]

Hi Amit,

Greetings! I guess you can have a try and lets see as suggested by expert here in this forum. Still you have the chance to appeal in the court if you are reported. However, I have just a small things to know from you case. You said you landed on May-2017 and stayed in Canada for 8 days and returned to India. If I am not wrong, your PR card should expire on May, 2022 for a validity period of 5 years. However, you wrote you and your daughters card will expire on 11-02-2023. Could you please check your validity period again, because this might be an issue. However, keep in touch with your progress.

Best regards,

Eusufzai

OP's dates are most likely correct. PR cards very rarely expire exactly five years from the date of landing. Normally there is a difference of several months related to the time it took to issue the PR card.

 

[canuck78]

Were you confused China with India? OP said India, while you said China.

If you read my post you would see that I had indicated that Covid was an issue in China in December 2019/January 2020 and was not considered a worldwide pandemic at that point.

 

[Sherenk]

With the above, assuming the person enters Canada without any issues, the person will be staying in Canada without valid PR for around 1.5 years. Will that be ok?

 

[armoured]

With the above, assuming the person enters Canada without any issues, the person will be staying in Canada without valid PR for around 1.5 years. Will that be ok?

"With the above" is very vague, could you be specific.

A PR is absolutely entitled to reside in Canada without a valid PR card.

The "buts" are that if you haven't got some things like health card, SIN, driver's license before the PR card expires, you might have problems (depending on province) with those things.

 

[Sherenk]

"With the above" is very vague, could you be specific.

A PR is absolutely entitled to reside in Canada without a valid PR card.

The "buts" are that if you haven't got some things like health card, SIN, driver's license before the PR card expires, you might have problems (depending on province) with those things.

Sure, as the opening post mentions, the PR will expire in the coming months. Hence he will be in country for 1.5 years (of even 2 years given his wife's PR card expirty) before he will be eligible to renew his PR card. Hence he will be fine with staying with the expired card?

 

[armoured]

Sure, as the opening post mentions, the PR will expire in the coming months. Hence he will be in country for 1.5 years (of even 2 years given his wife's PR card expirty) before he will be eligible to renew his PR card. Hence he will be fine with staying with the expired card?

I'm sorry, not sure I understand. Is the situation exactly the same as the first poster? Is that you?

Again, in general sense, perfectly fine to live in Canada without a PR card, whether in compliance with the residency obligation or not.

There are some other wrinkles as i've mentioned. If those are sorted before PR card expires, generally no issue (and not those are mostly provincial matters, except the SIN card/number being active).

So with those points; 'he should be fine with his expired card' as long as in Canada.