Hi just need some advice

[dhey1286]

I had My PR Nov. 10, 2018 - Expires on `Dec 22, 2023
Before my PR was approved my mom died on the same year, being only child. i needed to take care of my grieving father.
So went to canada on Nov. 10, 2018 and return to my home country on January 15 2019.
Also I was having marital problems. (Annulment on going) and due to Covid restriction I wasnt able to return early as plan and also due to financial constraint.

I Plan to return before my PR card expires, would I still be allowed to enter knowing that i have been out of canada for more than 4 years and I didn't meet my RO?

can you give me your point of view on what should i do and what are the possibilities that that my PR will be revoked?
Thank you

 

[Besram]

I had My PR Nov. 10, 2018 - Expires on `Dec 22, 2023
Before my PR was approved my mom died on the same year, being only child. i needed to take care of my grieving father.
So went to canada on Nov. 10, 2018 and return to my home country on January 15 2019.
Also I was having marital problems. (Annulment on going) and due to Covid restriction I wasnt able to return early as plan and also due to financial constraint.

I Plan to return before my PR card expires, would I still be allowed to enter knowing that i have been out of canada for more than 4 years and I didn't meet my RO?

can you give me your point of view on what should i do and what are the possibilities that that my PR will be revoked?
Thank you

• You may be questioned at the border and reported for not meeting the residency obligation
• If you are questioned, you can present your reasons for not meeting the residency obligation. It is up to the border officer to determine if these reasons fall under humanitarian and compassionate reasons and if they are sufficient to retain your PR status.
• Whatever happens, you will be allowed into Canada. But if you are reported, you may be issued a departure order. You can appeal this order, and you will be allowed to remain in Canada until your appeal is decided.

 

[dhey1286]

thank you.
Is there email or contact number i can ask regarding this?

 

[Besram]

thank you.
Is there email or contact number i can ask regarding this?

You will not get the "all clear" prior to being examined at the border, if this is what you are asking. They will only tell you what I mentioned above - that a border officer will evaluate your reasons for not meeting the residency obligation.

If you are set on returning to Canada, book a one way ticket and return prior to the expiry of your PR card. Bring along a document that outlines your reasons for not meeting the residency obligation, along with supporting documents (translated to English if applicable). Only present this document if you are questioned about your residency obligation.

There is a chance you may not even be questioned about the residency obligation, but it's impossible to say.

Of course, there are risks with this approach. For example, if you'd have to resign from a stable job in your home country to go to Canada, this may be a risk you are unwilling to take. Only you can make this decision.

Unfortunately, because you do not meet the residency obligation, your status in Canada is in danger and there are no guarantees that you can retain it, prior to presenting at the border.

 

[dhey1286]

You will not get the "all clear" prior to being examined at the border, if this is what you are asking. They will only tell you what I mentioned above - that a border officer will evaluate your reasons for not meeting the residency obligation.

If you are set on returning to Canada, book a one way ticket and return prior to the expiry of your PR card. Bring along a document that outlines your reasons for not meeting the residency obligation, along with supporting documents (translated to English if applicable). Only present this document if you are questioned about your residency obligation.

There is a chance you may not even be questioned about the residency obligation, but it's impossible to say.

Of course, there are risks with this approach. For example, if you'd have to resign from a stable job in your home country to go to Canada, this may be a risk you are unwilling to take. Only you can make this decision.

Unfortunately, because you do not meet the residency obligation, your status in Canada is in danger and there are no guarantees that you can retain it, prior to presenting at the border.

My planned is to test it, go to canada for a week. if i get questioned I can reason out why i wasnt able to to meet RO. if I am allowed I will come back to my home country and render resignation. and comeback again this time to canada for good, what do you think?

 

[scylla]

My planned is to test it, go to canada for a week. if i get questioned I can reason out why i wasnt able to to meet RO. if I am allowed I will come back to my home country and render resignation. and comeback again this time to canada for good, what do you think?

I'm not sure I understand your logic. Just because you aren't reported the first time doesn't guarantee you won't be reported the second time. Each time you enter there's going to be the risk of being reported. The decision is always up the the CBSA officer. So you could face a scenario where the first officer doesn't report you but the second one does.

 

[Besram]

My planned is to test it, go to canada for a week. if i get questioned I can reason out why i wasnt able to to meet RO. if I am allowed I will come back to my home country and render resignation. and comeback again this time to canada for good, what do you think?

If you are admitted into Canada without being reported, you should not leave Canada until you meet the residency obligation.

If you return to your home country after successfully entering Canada, you run the same risk again when you try to enter Canada the next time. So this does not help you.

 

[dhey1286]

If you are admitted into Canada without being reported, you should not leave Canada until you meet the residency obligation.

If you return to your home country after successfully entering Canada, you run the same risk again when you try to enter Canada the next time. So this does not help you.

or can i just let it expire and apply again for PR. I Cant risk losing my job in my home country, i need to be sure if they will accept me in the border, so i can return home and resigned

 

[scylla]

or can i just let it expire and apply again for PR. I Cant risk losing my job in my home country, i need to be sure if they will accept me in the border, so i can return home and resigned

There is no way to be sure what will happen at the border.

 

[dhey1286]

There is no way to be sure what will happen at the border.

IF i let it expire. can i re apply to canada as PR ?

 

[scylla]

IF i let it expire. can i re apply to canada as PR ?

No. You msut officially renounce your PR status if you want to reapply.

 

[Besram]

or can i just let it expire and apply again for PR. I Cant risk losing my job in my home country, i need to be sure if they will accept me in the border, so i can return home and resigned

As mentioned before, this certainty does not exist. Would you be able to simply resign from Canada, or do you have to do this in person?

A potential option is to apply for a PRTD. This would allow you to present your reasons for non-compliance before travelling. The downside is that visa officers tend to be a lot stricter and more consistent in checking for compliance with the residency obligation than border officer, based on anecdotal evidence in this forum. So while this may give you certainty, it may just be the certainty of losing your PR status.

One additional issue with PRTD is that I believe you can only apply for this if your PR card is expired or you don't have one, which doesn't apply in your case.