Residency days shortfall, how to handle, please suggest..

[explorer]

I become PR on 2013 after a week of visit.

Received the PR card at via my friend at Canada.

Got a job offer & came back to Canada last August, 2017 & joined in a permanent job (till date I am).

The CBSA officer at Toronto airport immigration held & grilled me for the PR Obligation shortfall & allowed me to enter with the warning that I shall not leave Canada without renewing my PR card in future.

I filed the tax return for the last financial year & received the refund from CRA & also have the OHIP.

I will complete 380 days of physical presence at Canada by August, 2018, almost a year short of 730 days of mandatory stay.

My PR card will expire on Sep, 2018.

I want to have a short visit to my country (India) in near future to attend my ailing parents. Also, my present job might require travel outside Canada on business soon.

Can I re-enter before the PR card expiry without any problem? What if I want to re-enter after the PR card expiry? I know they do not check at the time of exit from Canada.

What shall I do?

Shall I apply for renewal?

If rejected, what shall I do?

I don't like to stay here illegally or hiding.

Can the lawyers do something better. They are expensive.

Please suggest.

Thanks in advance

 

[YVR123]

I become PR on 2013 after a week of visit.

Received the PR card at via my friend at Canada.

Got a job offer & came back to Canada last August, 2017 & joined in a permanent job (till date I am).

The CBSA officer at Toronto airport immigration held & grilled me for the PR Obligation shortfall & allowed me to enter with the warning that I shall not leave Canada without renewing my PR card in future.

I filed the tax return for the last financial year & received the refund from CRA & also have the OHIP.

I will complete 380 days of physical presence at Canada by August, 2018, almost a year short of 730 days of mandatory stay.

My PR card will expire on Sep, 2018.

I want to have a short visit to my country (India) in near future to attend my ailing parents. Also, my present job might require travel outside Canada on business soon.

Can I re-enter before the PR card expiry without any problem? What if I want to re-enter after the PR card expiry? I know they do not check at the time of exit from Canada.

What shall I do?

Shall I apply for renewal?

If rejected, what shall I do?

I don't like to stay here illegally or hiding.

Can the lawyers do something better. They are expensive.

Please suggest.

Thanks in advance

You should just stay for 730 days and apply for renewal after you have reach the RO days.
Applying for renewal or re-entering not complying with RO could trigger review of you status. And it could eventually have your PR status revoked.

 

[Buletruck]

Every time you enter Canada you can be subjected to a review of residency by CBSA. And I would expect that with your previous encounter, there may be a note on your file to check at every entry to the country. I would avoid leaving Canada until you are well within the residency requirements (800+ days).And don't renew until you do meet RO.

 

[canuck_in_uk]

I become PR on 2013 after a week of visit.

Received the PR card at via my friend at Canada.

Got a job offer & came back to Canada last August, 2017 & joined in a permanent job (till date I am).

The CBSA officer at Toronto airport immigration held & grilled me for the PR Obligation shortfall & allowed me to enter with the warning that I shall not leave Canada without renewing my PR card in future.

I filed the tax return for the last financial year & received the refund from CRA & also have the OHIP.

I will complete 380 days of physical presence at Canada by August, 2018, almost a year short of 730 days of mandatory stay.

My PR card will expire on Sep, 2018.

I want to have a short visit to my country (India) in near future to attend my ailing parents. Also, my present job might require travel outside Canada on business soon.

Can I re-enter before the PR card expiry without any problem? What if I want to re-enter after the PR card expiry? I know they do not check at the time of exit from Canada.

What shall I do?

Shall I apply for renewal?

If rejected, what shall I do?

I don't like to stay here illegally or hiding.

Can the lawyers do something better. They are expensive.

Please suggest.

Thanks in advance

You do not qualify for renewal. If you apply now, your PR status will be revoked.

As said above, you will be re-assessed by CBSA every time you enter and given that you have already been warned, you will probably be reported on the next entry, which would lead to revocation.

 

[Rob_TO]

I will complete 380 days of physical presence at Canada by August, 2018, almost a year short of 730 days of mandatory stay.

My PR card will expire on Sep, 2018.

I want to have a short visit to my country (India) in near future to attend my ailing parents. Also, my present job might require travel outside Canada on business soon.

Can I re-enter before the PR card expiry without any problem? What if I want to re-enter after the PR card expiry? I know they do not check at the time of exit from Canada.

You don't meet the RO.
If you apply for PR card renewal, it will end in rejection and your PR status terminated.
If you leave Canada before you have 730 days, upon next entry you may have your RO violation discovered, being reported, and leading to PR status terminated. Your previous "warning" by CBSA may be on your record so could be flagged next time you try to re-enter.

Only you can decide if leaving to visit your parents or for work is worth the risk of it ending. No lawyer will be able to help you, chances of being reported upon next entry is entirely up to CBSA.

If you didn't want to be in this situation, you should have returned to Canada earlier. The Residency obligation is quite generous so no excuse not to meet it.

 

[explorer]

Thanks friends for your valuable advice. I remember that the CBSA officer told that he will leave a note against my case, though I requested him not to do so.

Now, if I stay here with the expired PR card, is it not illegal? What if, I get tangled in legal issues somehow & my status is checked?

One more question.

For say, I apply for renewal & then refused on RO obligation. I can appeal against it, right? What is the chance to win that appeal?

It is hard for my parents to live without seeing me for so long (for me as well). Is there any way to going out & return safely?

 

[explorer]

You don't meet the RO.
If you apply for PR card renewal, it will end in rejection and your PR status terminated.
If you leave Canada before you have 730 days, upon next entry you may have your RO violation discovered, being reported, and leading to PR status terminated. Your previous "warning" by CBSA may be on your record so could be flagged next time you try to re-enter.

Only you can decide if leaving to visit your parents or for work is worth the risk of it ending. No lawyer will be able to help you, chances of being reported upon next entry is entirely up to CBSA.

If you didn't want to be in this situation, you should have returned to Canada earlier. The Residency obligation is quite generous so no excuse not to meet it.

Thanks for your reply.
Answer to the last line is: I was on a good job with a great pay & also attending my seek parents periodically. And I disliked to move without a job of my line & level.
Your advice is appreciated, anyway.

 

[Rob_TO]

Thanks for your reply.
Answer to the last line is: I was on a good job with a great pay & also attending my seek parents periodically. And I disliked to move without a job of my line & level.
Your advice is appreciated, anyway.

Employment reasons are your personal choice. So if your RO violation is discovered and you end up needing to appeal, there would be a high chance appeal is rejected since you don't seem to have any real H&C reasons to keep your PR status.

You are allowed to stay inside Canada. It's just your card that would be expired. As long as you don't interact with IRCC or CBSA, you can legally stay in Canada until back in compliance with RO with 730 days and then renew your PR card.

If you are in violation of RO, there is NO WAY AT ALL to leave Canada safely, for any reason. Any leaving/re-entering, subjects you to inspection of RO by CBSA and possibly leading to termination of your PR status.

 

[evdm]

Thanks friends for your valuable advice. I remember that the CBSA officer told that he will leave a note against my case, though I requested him not to do so.

Now, if I stay here with the expired PR card, is it not illegal? What if, I get tangled in legal issues somehow & my status is checked?

One more question.

For say, I apply for renewal & then refused on RO obligation. I can appeal against it, right? What is the chance to win that appeal?

It is hard for my parents to live without seeing me for so long (for me as well). Is there any way to going out & return safely?

The expiration of your PR card does not affect your status.

You are a PR.

The PR card is a travel document. Think of it as if it were a passport. If your passport expires do you suddenly stop being a citizen of that country? In most cases, NO! Once you have landed you are a PR until such time an official action is taken to end that status. This can be:

You become a citizen,
You renounce your status, or
Your status is revoked by IRCC.

As mentioned above, ANY interaction you have with IRCC/CBSA until you have met the residency obligation has a strong chance of a report being issued which will lead to a departure order, and your status being revoked.

Canada gave you PR so that you would come to Canada and contribute to Canadian society. In return, it asks that you spend at least 40% of your time in Canada. By failing to do so, you have brought the risk upon yourself that Canada will revoke your status. The ONLY way to ensure that you can retain your status, is if you stay in Canada until you are in compliance with the RO, and only then can you interact again with IRCC and CBSA.

 

[dpenabill]

Posting to emphasize the many good observations and cautions already posted.

Obviously you were fortunate to NOT be reported the last time you entered Canada.

Only you know your priorities. If retaining status to live or work in Canada is a big priority, leaving again before late 2019 would be seriously risking your status (the longer you stay, the lower the risk, but given the nature of your last PoE experience, your risk will remain high until you have well surpassed the minimum obligation).

It may easily be sometime in 2020 before you will be able to obtain a new PR card (waiting to apply for the PRC in late 2019, with a high risk that will go to a Secondary Review and take six months to a year). If you go abroad without a valid PR card and need to apply for a PR Travel Document to return to Canada, IT WILL BE PRESUMED YOU DO NOT HAVE VALID STATUS and the burden will be on you to prove otherwise . . . so it could be risky to go abroad even after you actually meet the PR RO UNLESS you have and can and do submit very strong evidence of the time you have been in Canada (reporting date of entry and exit is NOT enough).

Be aware that even though the medical condition of a PR's parents can be a positive H&C factor, you have obviously already been away from Canada long enough to be in breach of the PR RO. The H&C case could be VERY difficult to successfully make (fact that parents are ailing does NOT give a PR a free pass on the PR RO). BUT again, you know your priorities. What choices you make, what risks you take, are all a very personal decision. Your personal decision.

Just be informed about the risks. And how they relate to your priorities.