PR Obligation- Advise needed urgently

[sharmausct]

I landed on Jan 15, 2015. I have completed 134 days in Canada on three different trips. Right now, I am outside. As per RO 730 days calculation, I can come until 28 May 2018 in order to complete 730 days till 14th Jan 2020.
I need your views on following issues:

1. At present, I am not prepared to settle in Canada. I need time. Can I take chance and go next year April? What are the chances of getting reported at Airport?

2. If I decide to go now and land 4-5 days later [Say June 3, 2018], is there chance that at the airport I will still be reported and given 30 days appeal period? Will 5-10 days short of 730 days will also crate this possibility?

3. If I go next year in April and luckily not being reported at the airport, then also there will be any other cause for concern I may face at the time of PR renewal [assuming that I fulfill 730 days in last 5 year period at the time of PR renewal]

4. I talked to a lawyer and he told me that he will suggest some ways by which I can go any time till Jan 2020. He is asking 2500 now. He is saying that he will appeal case when I land and will take another 2500 at that time. Is this possible?

 

[Bs65]

1)given you have only spent 134 days in Canada since 1/2015 highly likely that if you only return next April you could get reported. Nobody here of course can more than speculate, you may be lucky and not get reported in which case you would need to stay put and not leave again for at least 2 years. In this time you should not even try to renew you PR card when it expires.

2. Probably not given although by 14/1/2020 you might be a few days short it is unlikely to be a concern enough to warrant getting reported. If you leave and come back within the period June 3 through 1/2020 no way to predict one way or the other.

3)If you leave it until next April and enter without being reported then you should really stay put for 2 years without leaving at all, keep contact with immigration to a minimum and not try renewing your PR card until you have the 2 years behind you.

4)Lawyers are in business to make money so sure they can suggest plenty of ways but none of them are guaranteed.

As a PR you have a right to enter Canada whether you meet the RO or not it is just whether in failing the RO or about to fail the RO that an individual is unlucky enough to get reported. This can often even depend on how busy CBSA are at the time or whether a CBSA officer is just feeling charitable.

For any appeal to succeed there would need to be watertight H&C reasons and not reasons such as work or not inclined to stay put.

 

[sharmausct]

1)given you have only spent 134 days in Canada since 1/2015 highly likely that if you only return next April you could get reported. Nobody here of course can more than speculate, you may be lucky and not get reported in which case you would need to stay put and not leave again for at least 2 years. In this time you should not even try to renew you PR card when it expires.

2. Probably not given although by 14/1/2020 you might be a few days short it is unlikely to be a concern enough to warrant getting reported. If you leave and come back within the period June 3 through 1/2020 no way to predict one way or the other.

3)If you leave it until next April and enter without being reported then you should really stay put for 2 years without leaving at all, keep contact with immigration to a minimum and not try renewing your PR card until you have the 2 years behind you.

4)Lawyers are in business to make money so sure they can suggest plenty of ways but none of them are guaranteed.

As a PR you have a right to enter Canada whether you meet the RO or not it is just whether in failing the RO or about to fail the RO that an individual is unlucky enough to get reported. This can often even depend on how busy CBSA are at the time or whether a CBSA officer is just feeling charitable.

For any appeal to succeed there would need to be watertight H&C reasons and not reasons such as work or not inclined to stay put.

Thanks!
As you said"As a PR you have a right to enter Canada whether you meet the RO or not it is just whether in failing the RO or about to fail the RO that an individual is unlucky enough to get reported."
Will this luck factor apply to [1] or this applies only for few days short in 730 and not short by a year?

 

[Rob_TO]

I landed on Jan 15, 2015. I have completed 134 days in Canada on three different trips. Right now, I am outside. As per RO 730 days calculation, I can come until 28 May 2018 in order to complete 730 days till 14th Jan 2020.
I need your views on following issues:

1. At present, I am not prepared to settle in Canada. I need time. Can I take chance and go next year April? What are the chances of getting reported at Airport?

2. If I decide to go now and land 4-5 days later [Say June 3, 2018], is there chance that at the airport I will still be reported and given 30 days appeal period? Will 5-10 days short of 730 days will also crate this possibility?

3. If I go next year in April and luckily not being reported at the airport, then also there will be any other cause for concern I may face at the time of PR renewal [assuming that I fulfill 730 days in last 5 year period at the time of PR renewal]

4. I talked to a lawyer and he told me that he will suggest some ways by which I can go any time till Jan 2020. He is asking 2500 now. He is saying that he will appeal case when I land and will take another 2500 at that time. Is this possible?

1 - Chances are up to the individual CBSA officer you encounter. There are no odds to quote you, and no measurable difference being 10 days over or 1 year over the compliance. It all comes down to the specific CBSA officer you get and what they want to do on the spot.

2 - As long as you can document you are in compliance with RO, then even if it's in compliance by a few days you should be ok. Remember the burden of proof is on you to convince CBSA you meet the RO.

3 - As mentioned you would need to be prepared to stay in Canada 2 straight years without leaving for any reasons or any duration. After 2 straight years here, you can only then apply for PR card renewal with no issues.

4 - Sounds like lawyer is trying to scam money out of you. There is ZERO way to guarantee you won't have your PR status terminated, if you don't return to Canada in time. It all comes down to luck if you attempt to sneak back in unreported while in violation of RO. If reported, appeals in general have a low chance of success. He will probably ask for lots more money too during appeals process. Did the lawyer even ask what your H&C reasons are, or what he intends to appeal based on? If he is too overconfident giving great odds you'll have no problems, you should definitely not use him.

 

[sharmausct]

1 - Chances are up to the individual CBSA officer you encounter. There are no odds to quote you, and no measurable difference being 10 days over or 1 year over the compliance. It all comes down to the specific CBSA officer you get and what they want to do on the spot.

2 - As long as you can document you are in compliance with RO, then even if it's in compliance by a few days you should be ok. Remember the burden of proof is on you to convince CBSA you meet the RO.

3 - As mentioned you would need to be prepared to stay in Canada 2 straight years without leaving for any reasons or any duration. After 2 straight years here, you can only then apply for PR card renewal with no issues.

4 - Sounds like lawyer is trying to scam money out of you. There is ZERO way to guarantee you won't have your PR status terminated, if you don't return to Canada in time. It all comes down to luck if you attempt to sneak back in unreported while in violation of RO. If reported, appeals in general have a low chance of success. He will probably ask for lots more money too during appeals process. Did the lawyer even ask what your H&C reasons are, or what he intends to appeal based on? If he is too overconfident giving great odds you'll have no problems, you should definitely not use him.

that means 10 days or one year short..it will not make much difference..it will depnd upon officer at airport when i enter canada

 

[Rob_TO]

that means 10 days or one year short..it will not make much difference..it will depnd upon officer at airport when i enter canada

It may make a difference if the CBSA officer personally thinks a 1 year violation is more warranting of being reported vs a 10 day violation where perhaps they would just give a warning. Or a CBSA may not care either way and treat both the same.
What I'm trying to say is you are trying to put odds and chances of something happening, when no such odds exist. People may find they were reported with just a few days RO violation, while others report they were allowed in no problem with years of violation. In the end it's all down to chance.

To be safe though, I would advise to try and re-enter Canada as soon as possible.

 

[Rizar71]

Hello All,

We (family of 5, spouse & 3 kids) have done my landing in Toronto in August 2013 and stayed for 4 weeks.
My PR card will be expired in October 2018. I have not met the Residency Obligations due to parents illness conditions. We have SIN card and already opened bank account during first landing.

We would like to now move to Canada permanently, as my eldest daughter already received offer from University of Waterloo as PR/domestic student.

We plan to go this coming July 2018 and would like to help on following questions:
1. Can I enter Canada despite the fact I didn't meet RO?
2. What documents that I need to bring/provide during immigration process upon my arrival?
3. My daughter admitted to University of Waterloo under domestic/PR but didn't meet RO obligation, what would be the impact to the University? Are they going to ask for immigration advise?
4. What likelihood for me to get PR card renewal provided I'm staying in Canada for two years to fulfill my RO?

Thanks in advance for your kind feedback.

 

[canuck_in_uk]

Hello All,

We (family of 5, spouse & 3 kids) have done my landing in Toronto in August 2013 and stayed for 4 weeks.
My PR card will be expired in October 2018. I have not met the Residency Obligations due to parents illness conditions. We have SIN card and already opened bank account during first landing.

We would like to now move to Canada permanently, as my eldest daughter already received offer from University of Waterloo as PR/domestic student.

We plan to go this coming July 2018 and would like to help on following questions:
1. Can I enter Canada despite the fact I didn't meet RO?
2. What documents that I need to bring/provide during immigration process upon my arrival?
3. My daughter admitted to University of Waterloo under domestic/PR but didn't meet RO obligation, what would be the impact to the University? Are they going to ask for immigration advise?
4. What likelihood for me to get PR card renewal provided I'm staying in Canada for two years to fulfill my RO?

Thanks in advance for your kind feedback.

What exactly prevented you from meeting the RO? And what has changed that now allows you to move to Canada?

1. You will be able to enter but will most likely be reported on entry for failing to meet the RO. Your children will likely be able to appeal based on being removed as minors.

2. Depends on whether you are trying to claim H&C.

3. There should be no impact.

4. If you can get in without being reported and stay for 2 years, you can renew. But again, you will likely be reported.

 

[canuck78]

Would really be best for your child going to university to enter on her own.

 

[Rizar71]

What exactly prevented you from meeting the RO? And what has changed that now allows you to move to Canada?

1. You will be able to enter but will most likely be reported on entry for failing to meet the RO. Your children will likely be able to appeal based on being removed as minors.

2. Depends on whether you are trying to claim H&C.

3. There should be no impact.

4. If you can get in without being reported and stay for 2 years, you can renew. But again, you will likely be reported.

My parent had critical illness resulted on passing of my mother in April 2017 and due to her condition prevented me from moving to Canada.
If at the end of the process they revoke my PR, is it possible for my daughter to sponsor me and the rest of family to get PR again?

 

[Rizar71]

Would really be best for your child going to university to enter on her own.

I don't think I understand this, could you please further elaborate this? Thanks

 

[canuck_in_uk]

My parent had critical illness resulted on passing of my mother in April 2017 and due to her condition prevented me from moving to Canada.
If at the end of the process they revoke my PR, is it possible for my daughter to sponsor me and the rest of family to get PR again?

If your PR is revoked, it will be MANY years before your daughter could even try to enter the lottery to sponsor you.

 

[canuck78]

Your reasons are not that strong. You remained in Canada for 4 weeks so unless your mother had a huge medical event during those 4 weeks you can't blame your absence on your mother. You then waited over a year to return to Canada after her death. You also haven't mentioned whether she had other family around her, etc. Your child could state that she was removed as a minor and it wasn't her fault she couldn't maintain her RO. Not 100% guaranteed that she would get PRTD on H&C or not report due to H&C coming via the US but much better than your case. Everyone could also get really lucky and not get reported.

 

[Rizar71]

If your PR is revoked, it will be MANY years before your daughter could even try to enter the lottery to sponsor you.

I see, got your point. Thanks so much for your kind respond. Really appreciate the help here.

 

[Rizar71]

Your reasons are not that strong. You remained in Canada for 4 weeks so unless your mother had a huge medical event during those 4 weeks you can't blame your absence on your mother. You then waited over a year to return to Canada after her death. You also haven't mentioned whether she had other family around her, etc. Your child could state that she was removed as a minor and it wasn't her fault she couldn't maintain her RO. Not 100% guaranteed that she would get PRTD on H&C or not report due to H&C coming via the US but much better than your case. Everyone could also get really lucky and not get reported.

I can see that I probably don't have strong case here, despite the fact that the critical illness of my mother prevented me from going and yes I do have brothers and sisters but due to here severe condition I couldn't just leaving the country.
Thanks so much for your kind response, this is really helpful.