Re-entering Canada with PR card after 3-year absence

[tony777]

My cousin has been a permanent resident of Canada for over 15 years. He went to Russia (which is his native country) in January 2020 and has been there since - first due to Covid restrictions, then for personal reasons (fiancee) and then due to the war in Ukraine. His PR card expires in Jan 2023 and he wants to come back to Canada before it does. What are his chances of (i) being admitted at the border and (ii) successfully renewing his PR status after the return?

I read that after 730 day absence one may lose PR status but it doesn't seem to be a certainty one way or the other. Is it just up to the mood of the immigration officer or are there any documents or extenuating circumstances that would help him at the border?

 

[scylla]

My cousin has been a permanent resident of Canada for over 15 years. He went to Russia (which is his native country) in January 2020 and has been there since - first due to Covid restrictions, then for personal reasons (fiancee) and then due to the war in Ukraine. His PR card expires in Jan 2023 and he wants to come back to Canada before it does. What are his chances of (i) being admitted at the border and (ii) successfully renewing his PR status after the return?

I read that after 730 day absence one may lose PR status but it doesn't seem to be a certainty one way or the other. Is it just up to the mood of the immigration officer or are there any documents or extenuating circumstances that would help him at the border?

i) He'll definitely be admitted if his PR card is still valid.
ii) As long as he's not reported at the border for failing to meet the residency requirement then all he needs to do is stay in Canada for 2 years straight to meet the residency requirement and then he can renew his PR card. Note that he should not be submitting an application to sponsor his partner until the residency requirement is met.

 

[Ponga]

If his PR Card expires in Jan 2023, that would mean that it was issued in Jan 2018, right?

If so...he may already have met the Residency Obligation when he left in Jan 2020, assuming that he never left Canada prior to that trip to Russia.

 

[Ponga]

My cousin has been a permanent resident of Canada for over 15 years. He went to Russia (which is his native country) in January 2020 and has been there since - first due to Covid restrictions, then for personal reasons (fiancee) and then due to the war in Ukraine. His PR card expires in Jan 2023 and he wants to come back to Canada before it does. What are his chances of (i) being admitted at the border and (ii) successfully renewing his PR status after the return?

I read that after 730 day absence one may lose PR status but it doesn't seem to be a certainty one way or the other. Is it just up to the mood of the immigration officer or are there any documents or extenuating circumstances that would help him at the border?

It's after an absence of 1095 days that a PR is at risk, not 730 days. The Residency Obligation (R.O.) is only 730 days within each rolling 5 year period.

 

[Fk 100]

i) He'll definitely be admitted if his PR card is still valid.
ii) As long as he's not reported at the border for failing to meet the residency requirement then all he needs to do is stay in Canada for 2 years straight to meet the residency requirement and then he can renew his PR card. Note that he should not be submitting an application to sponsor his partner until the residency requirement is met.

The 2nd part of ur answer is quite scary. Are you saying that if the RO is not met, i cannot apply to sponsor my spouse ? This rule isn't written anywhere for spousal sponsorships.

 

[armoured]

The 2nd part of ur answer is quite scary. Are you saying that if the RO is not met, i cannot apply to sponsor my spouse ? This rule isn't written anywhere for spousal sponsorships.

I responded in your other thread. Did I misunderstand that you have 500 days in Canada since first landing, or not?

 

[Fk 100]

I responded in your other thread. Did I misunderstand that you have 500 days in Canada since first landing, or not?

So i landed in 2019 and then i left canada after 2 weeks.
I am currently outside canada, with 500 says for my pr to expire.
My plan was to apply spousal sponsorship as soon as i entered canada

 

[armoured]

So i landed in 2019 and then i left canada after 2 weeks.
I am currently outside canada, with 500 says for my pr to expire.
My plan was to apply spousal sponsorship as soon as i entered canada

Okay, confirmed that I did misunderstand. Then you have a problem, as explained elsewhere.

I believe the regulations that apply are that you must be admissible to sponsor, and if you are out of compliance with residency obligation, you can be adjudged inadmissible. Hence the risk of applying while out of compliance. (See the other thread). Other significant risk is that the sponsorship application will just be delayed for quite a while or until you are in compliance. Obviously in your case that means about two years.

I do not have any useful advice except to say that you should expect that sponsoring your spouse will take some time. Your spouse can look into applying on his/her own.

 

[Fk 100]

Okay, confirmed that I did misunderstand. Then you have a problem, as explained elsewhere.

I believe the regulations that apply are that you must be admissible to sponsor, and if you are out of compliance with residency obligation, you can be adjudged inadmissible. Hence the risk of applying while out of compliance. (See the other thread). Other significant risk is that the sponsorship application will just be delayed for quite a while or until you are in compliance. Obviously in your case that means about two years.

I do not have any useful advice except to say that you should expect that sponsoring your spouse will take some time. Your spouse can look into applying on his/her own.

Awesome info.
I will not go ahead with my move then.
I will hv to consider re applying for my PR

 

[Ponga]

So i landed in 2019 and then i left canada after 2 weeks.
I am currently outside canada, with 500 says for my pr to expire.
My plan was to apply spousal sponsorship as soon as i entered canada

Why did you hijack someone else's thread? It makes it confusing for everyone.

 

[Fk 100]

Sorry

 

[armoured]

Why did you hijack someone else's thread? It makes it confusing for everyone.

Well the other issue being that started a while thread with discussion there about returning out of compliance ... and never mentioned that was counting on applying upon returning.

Oh, and paid for legal advice and then didn't mention what that advice was, etc.

What a run-around and waste of time. No wonder lawyers cost so much, if clients pull thsi stuff.