Hello I became a PR in June 2018 and did my soft landing. I was intending to leave permanently for Canada in early 2020 when the pandemic struck. I was waiting for situation to stabilize but the travel ban and some family issues prevented me from traveling to Canada. My PR card is valid till Aug 2023. I plan to fly back by March/ Apr 2022. Can someone advise what I can expect and what I would need to do to retain my PR? as I shall be short of my RO. I haven't opened a bank account or applied for Medicare.Thanks in advance.
Residential Obligation due to Covid
- Thread starter meghashyam75
- Start date
There are multiple other threads here on this same question. Read through them.
Short form: you will be admitted to Canada. You may be reported. No-one can say how high the chances are you will be reported. Border and appeals process will give consideration to covid-related issues - but that's not a guarantee. If you want to lower your risk, return as soon as possible to Canada, and remain in Canada until back in compliance with the RO.
From what I understand, Canadian border agents hate PRs who are in breach RO more than they hate pedophiles and drug smugglers. If they think you are in breach of RO, they will try to give you a lot of the hard time, report and subsequently deport you. Especially if you don't belong to one of the visible minorities (they are too scared of publicity and don't want to mess with females and visible minorities as much as the guys that don't look like they are from the protected group). All being said, what you can do is return to Canada and apply for admission. If reported, appeal. And let IAD know the reasons you were in breach of RO. Good luck.
^^The conditional "from what I understand" is doing a lot of work here. This individual clearly does not understand very much.
So for the OP: You asked in a different thread and here is the neutral response:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/residential-obligation-due-to-covid.750536/
There is little to no evidence that Canadian border agents hate PRs, including PRs who are in breach. On this board, if anything, there are more comments about border agents being excessively lenient.
If anything, reports of being reported for breach of RO are down compared to before covid. Some sympathy or at least understanding that covid is a problem beyond the control of many individuals.
More importantly: paranoid commenters about "hermetic clowns" (which as a combination of words I still do not understand - are they vacuum-sealed clowns or...?) rarely provide any useful, actionable information.
Simple advice, as in this thread where you asked the same question:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/residential-obligation-due-to-covid.750536/
General advice is simple. Return to Canada soonest. Tell the truth, and be prepared to make your case as best you can why covid and any other issues you encountered prevented you from complying with the residency obligation. If you get reported, appeal and make an even better case.
If you're admitted with no issue (reasonably likely) or win your appeal, remain in Canada until you're in compliance with the RO.
As @armoured noted, basically all you can do to reduce the risk of being "Reported," upon arrival here, is to get here as soon as you can. No guarantee that early next year will be OK but as @armoured also noted it appears there is broad leniency for many and the impact of the global pandemic is playing a role in this; moreover, the indications have long been that
new PRs (still within five years of landing) are also approached at least somewhat leniently unless they wait to come to Canada until almost the last months.
Mostly, just be prepared to honestly state your story, why it took you longer than you planned. No need to elaborate. Just the basic details. And do not delay coming any longer than the early next year plan.
In the meantime . . . It is absolutely not true that border officials "hate" PRs in breach of the RO.
On the other hand, it is also absolutely true that some participants in a forum like this are trolls, focused on being disruptive, provocative, or just plain . . . lots of derogatory descriptions applicable. In reference to the obvious, here, too many to even attempt summarizing. Best to ignore, to the extent we can.
In over a half century of personal experiences entering Canada and being examined by Canadian border officials, and spending a fair amount of time in Secondary (I was young once, a long while ago now, and less oriented to compliance, and even when older but still before I became a PR I was pushing the envelope in this or that way on more than a few occasions), and not only were the border officials always polite they were usually (by a big margin) friendly, to me, and toward others so far as I could discern, doing my best to eavesdrop on others (bad habit, big nose, being the curious, like to learn how things work sort I am) .
Many thanks on your views. My intention was to migrate permanently in early 2020 was genuine. The COVID-19 disrupted 1.5 years. With flights banned, repatriation flights getting booked at exorbitant rates, with family issues and no family, friends or a job in Canada it was very hard for me to take the risk during the pandemic. I appreciate your suggestions on advising me to get back early. I would like to know if there is a particular POE that is lenient in this regard? I just wonder why the immigration doesn't acknowledge the issue and come out with a statement on this. I believe a few other countries (Australia) are more relaxed on the RO due to the pandemic. Lastly how does one get to know if he /she gets reported and do I need to state the above facts that prevented me at the POE?
Thanks and regards.
Thanks and regards.
Personally I think it's a waste of time to search for a more lenient POE - there's no obvious reported trend and if there were, probably would not remain so for long. More PRs with residency obligation issues enter through land borders - but that's partly (or perhaps entirely) explainable by fact that land border is only viable option for those without valid PR card or PRTD, i.e. those who can't practically enter by air and whose circumstances are not comparable to your case.
Far better to concentrate on the practical limitations of being out of compliance - first and foremost of which is that subsequent travel carries risk of issues on re-entry, and renewing PR card may need to wait until back in compliance (again, travel limitation being the main issue). Whatever lenience might be allowed at the time of this planned entry won't necessarily apply at the time of future entries. For some that need to travel a lot, that risk may be a serious problem.
Read other threads in this sub-forum for more detail - but if reported, formally, you will likely be notified of it in writing at border and given a time period to appeal (and admitted pending that appeal, meaning okay to live and work in Canada while that goes on, and appeals process is not fast). Exceptions where PRs reported and not aware of it are pretty rare.
Not in a position to compare what Australia has done with respect to residency requirements and the 'travel facility' during covid; while in some respects the residency frameworks are similar, there are lots of differences - but mostly, it's just not very productive to compare (to what end?). Bluntly, Canada's not going to change the legislation and the existing regime provides a lot of room for covid-related leniency.
"It is what it is", and it is already quite lenient in most respects, with some other non-comparable aspects like having a land border that arguably result in some additional flexibility.
Note that I've referred to 'leniency' whereas properly stated it would require some detailed discussion of terminology and the law and what humanitarian and compassionate considerations are and what they're for, as well as other capacity/discretion to not strictly enforce what regulations are in play. It's just easier to say leniency - but not necessarily accurate in that the discretion exercised by officials is to some degree mandated by law (they must take some factors into consideration, even if the law doesn't say they must waive enforcement) with some right of appeal/review by a quasi-independent body. There is a process, not just dictated outcomes. The point being, it's not just the border agent being 'nice' or generous, the law requires them to consider these things (and being human they will take into consideration what happens and chance of success afterwards and the amount of work required, etc), and I'm just being lazy by putting it all under the loose term leniency.
Comparing Australia, Canada's border has been more relaxed during the pandemic. Non essential travelers can still board international flights to enter Canada.
Beware of people who tell rosy stories and sing dithyrambs to border patrol. They are either paid trolls or are directly affiliated with the agency they praise.
The reality is something else. Read these articles from mainstream media to get better idea of what you may encounter at POE: https://www.cbc.ca/news/canada/windsor/travellers-complain-cbsa-officers-rude-1.4809386
https://www.todayville.com/edmonton/travellers-complain-about-rude-disrespectful-canadian-border-officers-2/
https://www.rcinet.ca/en/2018/09/05/some-canadian-border-agents-branded-as-rude-and-disrespectful/comment-page-1/
https://www.thestar.com/news/insight/2010/05/02/border_rudeness_maybe_the_jerk_method_doesnt_work.html
Just beware.
The reality is something else. Read these articles from mainstream media to get better idea of what you may encounter at POE: https://www.cbc.ca/news/canada/windsor/travellers-complain-cbsa-officers-rude-1.4809386
https://www.todayville.com/edmonton/travellers-complain-about-rude-disrespectful-canadian-border-officers-2/
https://www.rcinet.ca/en/2018/09/05/some-canadian-border-agents-branded-as-rude-and-disrespectful/comment-page-1/
https://www.thestar.com/news/insight/2010/05/02/border_rudeness_maybe_the_jerk_method_doesnt_work.html
Just beware.
Generally speaking, border agents at major airports are not as obnoxious and rude as those at land POEs. Sheer volume of traffic at airports might be too great to allow them bully and intimidate each border crosser they come across with. But, there is no telling how you will fare. If are a female or belong to visible minority, then they might be scared of backlash (media is up in arms to show everyone is prejudiced against specific groups of population), but if you are a male, and don't belong to visible minority, your chances of dealing with rude and obnoxious border agent will be the highest.
If it happens, just keep your composure. Have witnesses nearby. Explain the reasons why you were unable to meet RO (don't ever volunteer anything to LEOs, just answer and explain if asked). If they report you, you will have 30 days to appeal and explain yourself before IAD. Good luck.
Well a majority of you have advised me on my chances. It still looks like an uphill task at 46 to take these risks without a job. I think in my case I was probably banking more on that the compelling scenario due to covid would be considered. Thanks one and all.
"Scenario" may not serve you well, but evidence will. If travel was banned, you can get news articles or published by government resolutions/mandates/restrictions, which specifically banned travel from your country of residence to Canada. If you stayed out of Canada after the travel bans were lifted, you can share your concerns about traveling and searching for a job under lockdowns that were widespread during pandemic. Again, have evidence that points to duration of lockdowns in Canada. This is not a "scenario", but a real concern.
I would not chat and volunteer any information to LEOs at border, but if you are asked anything point blank and choose to speak (remember, you are under no obligation to speak or say anything at all) then give the answers that will not be used against you during IAD hearing (if they decide to report you and you appeal , it will be heard by more intelligent people than LEO at POE). When you say "scenario" it sounds like "making up a story". Now, if your case goes to IAD they will see through it, it doesn't take rocket science to debunk invalid claims (such as "I was unable to travel" when the evidence points that travel restrictions were lifted and etc.). So, don't do it, don't help LEOs get you reported and deported from Canada. Good luck.
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P.S. Lie is a natural thing (we all lie 24/7/365, I believe there is a study that shows average man lies hundreds of times a day) , and under ordinary circumstances I would encourage everyone to lie. However, sometimes to lie is to help your enemy harm you. This applies to border encounter. Think of POE patrol as your natural enemy, who is there to do you a harm. Think of a lie as a weapon you give him to strike you. Now, why would you help your adversary to harm you? Instead, use all the tools in your arsenal to defeat the adversary and successfully enter Canada. This may include telling the truth and nothing but the truth, when interrogated. And remember: you can always remain silent. Neither truth, nor silence will give your adversary anything to use against you. Good luck.
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