Thanks again for sharing your experience. To me, its just hard to understand the logic when the immigration act clearly indicates a PR needs to be present in Canada (or qualify for any of the exceptions) for two out of *every* five year period but then waive that requirement or not investigate every 5 yr period and only the one immediately (at the very least in the case of a new PR who became a PR max 6 years ago, it would be so easy to just look back all that time to see if the PR complied). I found a guideline document for immigration that confirms exactly what you've all been saying that its possible to "catch" up on residency time even if the PR lived abroad for years so that's reassuring.
Of course, whether or not I understand it is irrelevant as long as that's the way things operate.
Also came across an article about the new regulations regarding keeping a record of exits. Apparently its been in place between US/Canada for a while though. But I haven't been between these countries for a while so that must mean they don't have information of my exits since I immigrated. This is good news! I don't know how closely they look in passport stamps etc, but even I can't quite picture them starting to count back as long as there's not a huge breach. Particularly not during covid.
I don't know maybe it's better if my spouse renounces PR and just travels on an eTa? In the future I could sponsor instead. I asked earlier whether there are any consequences from being issued a reporting order and what kind of reporting order a PR not in RO compliance might receive (departure order seem to be the lightest?) because cic news (where this forum originates from) mentioned it could have huge consequences on both the individual and their families. Any idea?
The aim of this law is not to kick immigrants out but encourage new immigrants (like you) to move to Canada and settle permanently.
PR obligation is counted in 5 years rolling interval, i.e the 5 years before the examination and after being PR.
Your obligation compliance can change depending on when you are examined.
So it is not strange or illegal to allow people to stay in Canada and get back into compliance.
As I said before, even if you are seriously out of compliance and the officers at the border investigated you,
they have the discretion to waive you through if they think you are moving to Canada with the intent of settling down.
I think if a PR was found to be not in compliance with RO, he can be issued a removal order. The PR can appeal, but the appeal process can take over two years, and the days after the removal order will not be counted for PR obligation or citizenship until the appeal is won. Also, the PR who is issued a removal order can not sponsor anyone. So this is not the kind of reporting you to want to happen. Sometimes, officers at the borders warn people out of compliance verbally and let them know that they need to have two years of residency, but this not reporting, it just letting them know the danger.
Again, reporting people at the border/airport is not this common, especially with your PR card still valid and the covid situation.
Do not overthink it, just travel to Canada as soon as possible to avoid all these issues, especially when you are renewing your PR card.
PR card renewal is the time when they ask you to list all your trips, addresses, jobs, and examine your residency days closely.
Anything PR card renewal application with less than 730 days will require justification and they can ask for evidence that you lived in Canada if they are suspicious and your application requires secondary review.
Your husband's RO issues do not affect you. Your son can be sponsored (inland) from inside Canada and he can stay until his application is approved. Sponsoring immediate family members can be slow but does not require financial proofs, so just being inside Canada is enough.