Short of Residency Obligation

[shehan2014]

Hi, I received my PR in June 2016. My 5 year period ends June 2021.

Until now i have completed 3 months in Canada between 2016 June to date. I'm currently in my home country and is planning to move back to Canada in April 2020. However, by June 2021 when my 5 year period ends i will only complete like 16 months whereas technically i should complete 24 months ( 730 days ).

My question is whether i would be able to extend my PR in June 2021 although i haven't met the 730 days residency obligation.

 

[canuck78]

Hi, I received my PR in June 2016. My 5 year period ends June 2021.

Until now i have completed 3 months in Canada between 2016 June to date. I'm currently in my home country and is planning to move back to Canada in April 2020. However, by June 2021 when my 5 year period ends i will only complete like 16 months whereas technically i should complete 24 months ( 730 days ).

My question is whether i would be able to extend my PR in June 2021 although i haven't met the 730 days residency obligation.

You retain your PR status even if your PR card is expired. As long as you are not reported when you return to Canada and do not travel out of Canada until you are compliant with your RO again you will be fine.

 

[shehan2014]

what do you mean by ''as long as you are not reported'' ? I wont be able to complete the mandatory 730 days, that wont be a problem to extend my PR ?

 

[canuck_in_uk]

what do you mean by ''as long as you are not reported'' ? I wont be able to complete the mandatory 730 days, that wont be a problem to extend my PR ?

As you don't meet the RO, you can be reported upon entry by CBSA, leading to the likely revocation of your PR status.

 

[Besram]

what do you mean by ''as long as you are not reported'' ? I wont be able to complete the mandatory 730 days, that wont be a problem to extend my PR ?

You cannot renew your PR card unless you have the required 730 days of residency, or unless you have humanitarian or compassionate reasons for not having lived in Canada for the required amount of time.

Your only option is to actually go and live in Canada for at least 730 days before you apply to renew your PR card.

But you are already short of days, which means that you may be questioned when you arrive at the border and a report may be written about you that can lead to the revocation of your status.

 

[Wolfpmd3]

Congratulations, you WILL DEFINITELY NOT BE ABLE to renew your PR card once it expires.

Even if you are allowed in the country, which I highly doubt because there is no way you'll be able to meet your obligations, you won't be able to renew your PR status.

I wouldn't even attempt to return, you'll just waste your time.

You have 2 options:

1. Apply to have your case reviewed and provide a good reason for not having met your obligations (this can take time, years even) and unless you have a very good reason it won't help. Also, you won't be able to apply for any sort of visa or enter the country while it's being processed.
2. Voluntarily renounce for PR status and start from scratch. Reapply for PR through Express Entry (or family sponsorship, etc)

It is what it is! Good luck!

 

[canuck78]

Congratulations, you WILL DEFINITELY NOT BE ABLE to renew your PR card once it expires.

Even if you are allowed in the country, which I highly doubt because there is no way you'll be able to meet your obligations, you won't be able to renew your PR status.

I wouldn't even attempt to return, you'll just waste your time.

You have 2 options:

1. Apply to have your case reviewed and provide a good reason for not having met your obligations (this can take time, years even) and unless you have a very good reason it won't help. Also, you won't be able to apply for any sort of visa or enter the country while it's being processed.
2. Voluntarily renounce for PR status and start from scratch. Reapply for PR through Express Entry (or family sponsorship, etc)

It is what it is! Good luck!

Actually people who have not met their RO are routinely enter Canada. A bit frustrating for those who are meeting their RO. The closer the person returns to a Canada the better their chances. They need to be prepared to remain in a Canada for 2 years without leaving and also not sponsor anyone.

 

[dpenabill]

Congratulations, you WILL DEFINITELY NOT BE ABLE to renew your PR card once it expires.

Even if you are allowed in the country, which I highly doubt because there is no way you'll be able to meet your obligations, you won't be able to renew your PR status.

I wouldn't even attempt to return, you'll just waste your time.

You have 2 options:

1. Apply to have your case reviewed and provide a good reason for not having met your obligations (this can take time, years even) and unless you have a very good reason it won't help. Also, you won't be able to apply for any sort of visa or enter the country while it's being processed.
2. Voluntarily renounce for PR status and start from scratch. Reapply for PR through Express Entry (or family sponsorship, etc)

It is what it is! Good luck!

The above post has so many errors and misleading statements it should not be ignored.

"Even if you are allowed in the country, which I highly doubt because there is no way you'll be able to meet your obligations . . ."​

PRs have a statutory right to enter Canada. Even if Reported for failing to meet Residency Obligations and issued a Departure Order upon arrival at a PoE, the border officials MUST allow the PR to enter Canada. Departure Order is not immediately enforceable. If PR appeals, the Departure Order is not enforceable for at least as long as the appeal is pending, which can take a year or more.

For a new PR, someone who has been a PR fewer than five years, even if they are short of being in compliance with the PR Residency Obligation there is a fair chance of being allowed to enter Canada without being Reported for this. The sooner they actually arrive in Canada the better their chances. As others have observed, if the PR comes to Canada and is not Reported, the PR can stay two years and that will totally CURE the breach of the RO. They should not leave Canada during those two years and should not apply for a new PR card until after being in Canada two years.

"Even if you are allowed in the country . . . you won't be able to renew your PR status."​

PR status does NOT expire. There is NO process for renewing PR status. It is unnecessary to renew PR status.

"You have 2 options:"​

There are more than two ways to approach the situation. Yes, one of them is to renounce PR status and start from scratch. That is more or less a last-ditch-effort. The other proffered "option" is not even in sight of a ballpark let alone being in the ballpark.

"Apply to have your case reviewed and provide a good reason for not having met your obligations (this can take time, years even) and unless you have a very good reason it won't help."​

There is no application to "review" PR status itself.

If a PR is questioned about RO compliance and is issued the 44(1) Report for a breach, the PR will be given an opportunity then and there (usually) to explain his or her reasons for not coming to Canada sooner, AND get a decision right then and there, by the Minister's Delegate who reviews the Report and any H&C considerations. Even if the Minister's Delegate response is negative and a Departure Order is issued, the PR is still allowed to enter Canada and can appeal, and live in Canada pending the appeal.

"Also, you won't be able to apply for any sort of visa or enter the country while it's being processed."​

A PR remains a PR pending an appeal. Even if the PR has lost his or her PR card, or the PR card has expired, and the PR makes an application for a PR Travel Document in order to travel to Canada, and that is denied, the PR can appeal that. During the appeal, either from a Report issued at the border or from a denied PR TD application, the PR is still a Canadian, still a Canadian PR. And a Canadian PR has a statutory right to enter Canada.

PR with a PR card should have no problem traveling to Canada. And will be allowed to enter. Once an appeal is in process, the PR can still travel and return to Canada using his or her PR card. If the PR card expires while the appeal is pending, the PR is eligible for a one-year PR card pending the appeal (PR must be in Canada to be eligible for the one-year card).

 

[iftekhar25]

Thank you for responding with some detail and sanity, @dpenabill .

 

[Akash20071986]

My name is Akash and I stay in Delhi, India.

I am having Canadian PR.. Which I got in Feb 2015...I visited Canada later on 26th September 2015 for short landing and came back to India on 02nd October 2015, therefore, my Canadian stay was only for 6 days..

I could not come to Canada after 2nd October 2015..my mother is having stomach infection issues.. But to be honest not very serious or life threating.. I m having my elder sister and my younger brother who stays with me only..

Can anyone please advise whether I can appeal under H&C ground and if yes which disease can be shown.. I can try to make medical history but not sure which disease they consider for H&C application?

I am having PR card which is valid till May 2021...

My stay in Canada till date is Only 6 days.

Regards,
Akash

 

[canuck78]

My name is Akash and I stay in Delhi, India.

I am having Canadian PR.. Which I got in Feb 2015...I visited Canada later on 26th September 2015 for short landing and came back to India on 02nd October 2015, therefore, my Canadian stay was only for 6 days..

I could not come to Canada after 2nd October 2015..my mother is having stomach infection issues.. But to be honest not very serious or life threating.. I m having my elder sister and my younger brother who stays with me only..

Can anyone please advise whether I can appeal under H&C ground and if yes which disease can be shown.. I can try to make medical history but not sure which disease they consider for H&C application?

I am having PR card which is valid till May 2021...

My stay in Canada till date is Only 6 days.

Regards,
Akash

Please stop posting the same thing when you have received your answer. You must submit the proof of her actual diagnosis.

 

[shehan2014]

You retain your PR status even if your PR card is expired. As long as you are not reported when you return to Canada and do not travel out of Canada until you are compliant with your RO again you will be fine.

Thanks! suppose i don't get reported and enter Canada succesfully, how soon can i start my spouse visa process ? say i start it in June 2019 and she does not get the spouse via by 2021 when my PR card expires... will that be an issue ?

 

[scylla]

Thanks! suppose i don't get reported and enter Canada succesfully, how soon can i start my spouse visa process ? say i start it in June 2019 and she does not get the spouse via by 2021 when my PR card expires... will that be an issue ?

You should not submit the application to sponsor your spouse until you meet the residency requirement.

 

[shehan2014]

You should not submit the application to sponsor your spouse until you meet the residency requirement.

Any reason why do you say so ?

 

[Copingwithlife]

Any reason why do you say so ?

From Canada.ca in regards to sponsoring spouse

If any of the situations or circumstances below apply to you, we won’t start processing your sponsorship application until a final decision related to the situation has been made.

• You’ve failed to respect your residency;