If it's important to you to be able to keep PR, you need to move by October 2020.
If it's not important, then you can wait until next year.
Not meeting residency obligation.. Travelling to Canada
- Thread starter reeti81
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If it's not important, then you can wait until next year.
Did you pay for any medical care your wife received pre/pospartum and the delivery? All provinces have separate residency obligations to receive healthcare covereage for "free". Most require you to be in the lrovince for 6-12 months or you can be asked to repay all the healthcare you used.
Thanks. Off course I care about the PRs. I just had a chat with a consultant and he said that's it's OK to land with less than 730 days of stay or upto the PR card date...that the officers sometimes give warnings max and by the time the appointments are held - say after 1-1.5 years, enough ties are already there to be successful in the appeal...and then it's all good...but as you said and based on my research... especially around the success rate of those appeals to be ~7.7% (if it's the same type of appeal that is, which seems very unfair but it is what it is!)...seems not to be the case!
Wondering if members here could shed some light on the above...
It's all about whether you are reported at the border or not for failing to meet the residency obligation. If you are returning to Canada and you don't meet the residency obligation, there is always a chance you may be reported. If you can enter Canada without being reported, then you are good to remain for two years straight in order to successfully renew your PR card.
The only way to guarantee you can keep PR is to return in time to meet the residency obligation. Otherwise there's always going to be a risk you'll end up losing your status. Sure, sometimes officers just give warnings. Sometimes they don't do anything at all. And sometimes they report people. Impossible to say which bucket you'll fall into.
You're right!
I guess the 3 most important questions around this subject to assess this risk are:
1. What are chances (how many people do get) of being reported an the airport. Historical stats will suggest this;
2. How many people out of those getting reported actually end up getting a departure order ie losing their PRs. This will also be known from the stats of those hearings.
I would not rely upon historical statistical data (even if they were available, which I don't think they are); the individual cases are so different that relying upon them would be a major misuse of statistics. People who are 'more' out of compliance and with few ties get reported more frequently; the stats will not show that those that get reported and go through the process and lose status are (more often than not) the obvious cases. But there are no guarantees.
The facts are pretty simple:
-if you arrive in compliance with your residency obligation (October in your case?), you will be admitted and not reported. Period.
-the opinion or attitude or even mood of the border officer - or credibility of the PR - has an impact. But it seems pretty consistent that those seriously in violation of RO have a much higher likelihood of being reported.
-if reported, they MUST take into consideration aspects like humanitarian and compassionate during the subsequent process. But even for those that 'win', the process is not fun or easy.
-border officers know this, so minor non-compliance is more likely to be ignored or let off with a warning. (No statistics will capture this)
In more simple terms, it's always better to not be out of compliance; being out of compliance means some risk; those who are only 'a bit' out of compliance or have obvious good reasons bear less risk. Although the rules have not changed, covid-related travel issues may be a pretty good reason for being 'a bit' out of compliance.
In terms of actions: best is to arrive still in compliance; the sooner you arrive after that, the better (lower risk of being reported); counting on not getting reported or retaining your PR status during the subsequent process is risky.
Or as an example: if you arrive the day after the date on which you became non-compliant and credibly say you've arrived to settle permanently but your plans were delayed by covid, you may well get waved through with not even a remark or a mild warning (and even if reported, you will have a better chance in the subsequent process even if not 100%). If you show up the day before your PR card expires in, say, 2022, your chances of getting reported are higher and chances of retaining your PR status considerably lower. (And if you show up ten years after your PR card expires, much much lower - which is what I mean by the stats not revealing what's relevant).
That's perhaps the best response to my concern yet...better than that of my consultant!
So, COVID being an excuse...about that, my other option if I don't move before Oct 20 would be to come to Canada next summers say in April 21...6-7 months of non compliance....the reason off course being the COVID situation and the bad market conditions.
The fear I have is that IF reported despite these genuine reasons, my case falls into the hearing and appeal trap....a trap that historically only 7.7% people are able to get out of! Don't know if these stats are correct though? That slim chance if success is what I'm afraid of...Do you think I should seek professional opinion on this and would paying money give any new insight on the matter?
What about seeking the IRCC...would asking directly from them be a good idea?
Thanks
Thanks
I have no idea and neither does anyone else. Best to arrive while still in compliance or as soon as possible thereafter. After that, you are taking your chances. Six months sounds long to me, but only a guess.
Note that I don't think 'bad market conditions' will be considered as a humanitarian/compassionate reason.
Hello,
I am in a similar boat in terms of making a choice about moving to Canada and the best time to do it. I have much more time to decide but the decision to make is very similar. What is the best time to move?
Let me add my $0.02, just keep in mind that I am not an expert but a fellow passenger in the immigration journey.
What is your risk appetite in life when it comes to all things immigration? Typically, this would be low at this stage for you considering you have 3 other people (wife and 2 kids that are not Canadian citizens) who will be affected by your decision. Additionally, even if you could win the legal battle after being reported, do you really want to be involved with immigration issues for years? 3 years after you are physically present in Canada, you will be eligible for the citizenship. Wouldn't you rather do that instead of fighting with IRCC about your PR status and renewals?
Also, what's best for you and your family. Can you find a job or start a business in your area of expertise? Do you have enough savings to sustain the bad job market for few more months than usual? Will you be better off coming next year than this year, financially speaking? If you would be worst off coming this year due to job or some other issues, then it's a simple decision. If this is still a gray area, combine your risk appetite with your financial situation and see what you find out.
Only you can answer these questions honestly, and hopefully the decision will be more clear.
Good luck...
Thanks. Your $0.02 are very helpful in this situation. I'll share what I have in mind as it may relate to others as well. I have a decent job now and foreseeable future (though that can change at any time...). My risk appetite is very low because of the horror stories people have shared where families have been ruined during tough times of immigration... There have been instances where husbands have had to leave their young families behind... So in summary, no I'm not planning to risk it...it's just not worth it as you've mentioned as well.
The challenge now is that for someone to find a decent job is nearly impossible in Canada...though there are opportunities out there...just not that easy for new migrants.
So, what am I planning? To go there in time for sure to avoid all the hassle....
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That is an interesting choice, reduces the risk and headache for your family. Maybe you need to travel with them as well, specially if you can work remotely for few days. I am going in July for 20 days with my family to finish my landing process. Good luck with your move.
Would add that not meeting RO comes with quite a lot of limitations even if you don’t get reported. Unless you are compliant with your RO you can't sponsor a spouse or child. Needing to remain in Canada for the next 2 years really limits employment options. Depending on your profession not being able to travel out of Canada may be a big issue for potential employers. 2 out of 5 years is a very lenient RO. Although there is a current pandemic the question will always be why could you not have travelled earlier.
Would add that immigrating to Canada doesn’t make sense for many people. If you have a good job and a good lifestyle does moving to Canada make sense? Immigration may have made sense for many more people 10+ years ago but is no longer the case. Unfortunately many face pressure from community or family to immigrate no matter what.
Hey,
I have a similar kind of issue and I some suggestions and help from you guys. I am a canadian PR with PR card valid upto Oct 05 2024. I had been to canada for just 10 days till now. I wish to move to canada within next 2 months (before Oct end and maybe early) and also I am going to sponsor my wife to canada within next 6-7 months after getting a job and fulfilling other requirements. Technically I can still complete my residency obligation If I land before Oct 05 2024. Considering my situation, should I make a move of moving to Canada, as I am very much concerned about sponsoring my wife and getting her here within next 1-1.5 yr. Kindly help!!
I have a similar kind of issue and I some suggestions and help from you guys. I am a canadian PR with PR card valid upto Oct 05 2024. I had been to canada for just 10 days till now. I wish to move to canada within next 2 months (before Oct end and maybe early) and also I am going to sponsor my wife to canada within next 6-7 months after getting a job and fulfilling other requirements. Technically I can still complete my residency obligation If I land before Oct 05 2024. Considering my situation, should I make a move of moving to Canada, as I am very much concerned about sponsoring my wife and getting her here within next 1-1.5 yr. Kindly help!!