Returning to canada 12 months before CRP expiration

[condor3]

Thanks in advance for your help.
A pemanent resident had spent only few days, got his PRC and returned to his original coutry. That was 4 years ago.
Now, he decided to come back to Canada and to stay. But has only 12 months left in his PRC.

Is he going to be allowed to enter to Canada with no problems ?

What should he do to improve his chance to be allowed in ?

 

[k.h.p.]

He's at risk of being reported for breach of his residency obligation.

 

[Buletruck]

And there is nothing they can do to improve their chances. You are either compliant with RO or your not. If you want to improve your chance to avoid being reported, be compliant with the RO.
It will all depend on the CBSA officer they encounter if the are reported or not. Until you are compliant, being reported is a risk every time you have interaction with CBSA at the border.

 

[dpenabill]

Thanks in advance for your help.
A pemanent resident had spent only few days, got his PRC and returned to his original coutry. That was 4 years ago.
Now, he decided to come back to Canada and to stay. But has only 12 months left in his PRC.

Is he going to be allowed to enter to Canada with no problems ?

What should he do to improve his chance to be allowed in ?

PR is entitled to enter, so he will be allowed to enter. As others note, however, potential problem is being Reported and issued a Departure Order for being in breach of the PR Residency Obligation. If that happens, he can still enter. But he would need to appeal and win the appeal in order to keep PR status.

About the only thing he can do to improve his chances to avoid being Reported is the SOONER he arrives the better his odds.

It may also help, albeit it is difficult to know how much this will help, if he is prepared to fully explain why he has not come to Canada to settle sooner and he has full intentions of settling and staying in Canada. In this regard he should NOT worry about what others say is a valid H&C explanation or is not a valid H&C explanation, but rather be prepared to simply, honestly, frankly explain his situation and why it has taken this long. It will be up to border officials to weigh this and decide whether to waive him into Canada without being Reported, or not.

If he is waived into Canada without being Reported, he can avoid any RO enforcement issues but ONLY if he stays IN Canada for the NEXT TWO years and does NOT apply for a new PR card until he has stayed two full years.

 

[canuck78]

The expiry date on the PR is not relevant for RO. You need to spend 730 days in Canada from the date you landed.

 

[condor3]

He's at risk of being reported for breach of his residency obligation.

Thank you

 

[condor3]

PR is entitled to enter, so he will be allowed to enter. As others note, however, potential problem is being Reported and issued a Departure Order for being in breach of the PR Residency Obligation. If that happens, he can still enter. But he would need to appeal and win the appeal in order to keep PR status.

About the only thing he can do to improve his chances to avoid being Reported is the SOONER he arrives the better his odds.

It may also help, albeit it is difficult to know how much this will help, if he is prepared to fully explain why he has not come to Canada to settle sooner and he has full intentions of settling and staying in Canada. In this regard he should NOT worry about what others say is a valid H&C explanation or is not a valid H&C explanation, but rather be prepared to simply, honestly, frankly explain his situation and why it has taken this long. It will be up to border officials to weigh this and decide whether to waive him into Canada without being Reported, or not.

If he is waived into Canada without being Reported, he can avoid any RO enforcement issues but ONLY if he stays IN Canada for the NEXT TWO years and does NOT apply for a new PR card until he has stayed two full years.

Thanks a lot for this detailed replay

 

[prince_of_darkness]

PR is entitled to enter, so he will be allowed to enter. As others note, however, potential problem is being Reported and issued a Departure Order for being in breach of the PR Residency Obligation. If that happens, he can still enter. But he would need to appeal and win the appeal in order to keep PR status.

About the only thing he can do to improve his chances to avoid being Reported is the SOONER he arrives the better his odds.

It may also help, albeit it is difficult to know how much this will help, if he is prepared to fully explain why he has not come to Canada to settle sooner and he has full intentions of settling and staying in Canada. In this regard he should NOT worry about what others say is a valid H&C explanation or is not a valid H&C explanation, but rather be prepared to simply, honestly, frankly explain his situation and why it has taken this long. It will be up to border officials to weigh this and decide whether to waive him into Canada without being Reported, or not.

If he is waived into Canada without being Reported, he can avoid any RO enforcement issues but ONLY if he stays IN Canada for the NEXT TWO years and does NOT apply for a new PR card until he has stayed two full years.

I liked this reply, HONEST REPLY.. even I had just 1 year left in my PR card when I came in Dec 2018. That also, My son didnt even had a PR card. The officers asked me why I didnt apply for his PR CARD for which I replied I am gonna apply now. Infact he was very helpful and told me to wait so that he can issue a 1 year TRV for my son. Which he did. He also, asked why didnt u stay, for which I said, I AM fully prepared now armed with new degrees and courses and he said best of luck. I told the officer yes, I havent lived long but now I am coming for good. Be honest.

 

[babsizkil]

Thanks in advance for your help.
A pemanent resident had spent only few days, got his PRC and returned to his original coutry. That was 4 years ago.
Now, he decided to come back to Canada and to stay. But has only 12 months left in his PRC.

Is he going to be allowed to enter to Canada with no problems ?

What should he do to improve his chance to be allowed in ?

He is still a PR of Canada until he is reported to IRCC and refer to inadmissibility hearing. It all depends on the CBSA officer discretion. Violating or not abiding with RO means the individual does not deserve or maintain the eligibility. The individual need to prepare in case he's refer to secondary examination. What are the reasons for failing to meet RO?