Residency Obligation Short by 7-8 Months

[canuck78]

So if I am reported and then I choose to come back to my country that wouldn't be considered Deported / Removal Order Placed?

Say I appeal and my appeal is unsuccessful, how many days do I get before an unsuccessful appeal becomes a Removal Order?

If there is any IRCC link to support this - I'll be highly grateful as I do not want to have any doubts....

No you wouldn’t be considered deported if you choose to return to your home country. If you appeal and the appeal is denied you’ll be asked to leave as soon as possible but usually it says within 30 days.

 

[Mohit4673]

No you wouldn’t be considered deported if you choose to return to your home country. If you appeal and the appeal is denied you’ll be asked to leave as soon as possible but usually it says within 30 days.

Thanks

Any further experiences will be appreciated

 

[rollercoaster]

Thanks

Any further experiences will be appreciated

Hey Mohit, did you travel to Canada? Can you share your experience? It will be very helpful for everyone here. Thanks

 

[Eusufzai]

Dear Everyone,

I am a PR card holder under PNP program. I only stayed in my province for 7 days. Now I would like to go to Canada and live there permanently with along with my family. However, I am in short of 2 months as required 730 days of RO. I anticipate the immigration officer at PoE may take the note and report my case in a worst case scenario. I would highly appreciate if expert or anyone with known case history who faced such reporting cases could suggest me what argument or document that might be helpful for me to face legally if I need to do that. Can anyone suggest me which PoE is relatively soft in these cases? Finally should I consult with any law firm in Canada in advance or anyone know any good law firm? Any help would be much appreciated.

Thanks and regards,

Eusufzai

 

[canuck78]

Dear Everyone,

I am a PR card holder under PNP program. I only stayed in my province for 7 days. Now I would like to go to Canada and live there permanently with along with my family. However, I am in short of 2 months as required 730 days of RO. I anticipate the immigration officer at PoE may take the note and report my case in a worst case scenario. I would highly appreciate if expert or anyone with known case history who faced such reporting cases could suggest me what argument or document that might be helpful for me to face legally if I need to do that. Can anyone suggest me which PoE is relatively soft in these cases? Finally should I consult with any law firm in Canada in advance or anyone know any good law firm? Any help would be much appreciated.

Thanks and regards,

Eusufzai

Does your whole family have PR? Are hey also short 2 months. Given Covid you are likely going to be fine with a 2 month shortfall but you will have to remain in Canada until you meet your RO and you don’t qualify to sponsor anyone since you aren’t compliant with your RO. If you only spent 7 days in the province where you got PNP I would return to that province and apply for jobs in that province and hopefully get some interviews. If you haven’t found a job after a few months you have strong proof that you attempted to remain in the nominating province but since you were unable to find you moved.

 

[canuck78]

Dear Everyone,

I am a PR card holder under PNP program. I only stayed in my province for 7 days. Now I would like to go to Canada and live there permanently with along with my family. However, I am in short of 2 months as required 730 days of RO. I anticipate the immigration officer at PoE may take the note and report my case in a worst case scenario. I would highly appreciate if expert or anyone with known case history who faced such reporting cases could suggest me what argument or document that might be helpful for me to face legally if I need to do that. Can anyone suggest me which PoE is relatively soft in these cases? Finally should I consult with any law firm in Canada in advance or anyone know any good law firm? Any help would be much appreciated.

Thanks and regards,

Eusufzai

How did you get PR through Manitoba? Were you sponsored by someone?

 

[Eusufzai]

Hello Everyone! I just want to ask anyone in this forum who didn't meet residency obligation and reported at the Port of Entry and then faced the trial? Can anybody share his/her own experience?

Thanks and regards,

Eusufzai

 

[jakklondon]

Hello Everyone! I just want to ask anyone in this forum who didn't meet residency obligation and reported at the Port of Entry and then faced the trial? Can anybody share his/her own experience?

Thanks and regards,

Eusufzai

There is a thread I have started which is dedicated to breach of RO (though I wasn't asking about experience with IAD)., if you have any relevant experiences please share here:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/have-canadian-pr-never-lived-in-canada.747259/

NOTE: There are very few grounds to overcome breach of RO charge in appeal. One must have truly extenuating circumstances that could qualify under H&C, and most people ultimately loose the appeal. So, unless you qualify under H&C, all the appeal will do is stay your deportation while you wait for your case to be decided. Which, anecdotally, can take anywhere from one to two years.

 

[armoured]

Dear Everyone,

I am a PR card holder under PNP program. I only stayed in my province for 7 days. Now I would like to go to Canada and live there permanently with along with my family. However, I am in short of 2 months as required 730 days of RO. I anticipate the immigration officer at PoE may take the note and report my case in a worst case scenario. I would highly appreciate if expert or anyone with known case history who faced such reporting cases could suggest me what argument or document that might be helpful for me to face legally if I need to do that. Can anyone suggest me which PoE is relatively soft in these cases? Finally should I consult with any law firm in Canada in advance or anyone know any good law firm? Any help would be much appreciated.

Thanks and regards,

Eusufzai

@Eusufzai : you have been asking this question, in various forms, repeatedly especially recently, since at least May 2021:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/passport-expired-is-this-going-to-be-a-problem.34834/#post-9420230

Repeating the same question again and again will not get many responses. Read more threads instead.

You now say that you expect to be 2 months short of RO - but if you landed in March 2019 and stayed for about ~20+ days, you would still have time to land while in compliance with the RO.

The very general advice you will see in threads here - and the common experience of those applicants landing somewhat out-of compliance can be summarized this way:

-The only way to be CERTAIN you will not have non-compliance issues is to ... be compliant. It is in your best interests to return earlier, and before the date you will be out of compliance.
-This is VERY important if you wish to sponsor family members (which you do not specify or clarify in your various posts, or at least I have missed if so).
-As things stand for you (in simple terms): return NOW or before you are non-compliant and you can sponsor your immediate family members (now or as soon as you are ready).
-If you return when you are OUT of compliance - you will have to wait at least two years.

-You may find it easier to calculate compliance this way: if you have been out of Canada less than 1095 days (either in the last five years or since your original landing date, whichever is most recent), you are in compliance. [This is just a slight math reformulation of having 730 days IN Canada in the relevant period, but including prospective days to five year anniversary of landing.]

-Apart from the sponsorship issue (and some related such as higher risk of travelling abroad) .... if you are returning OUT of compliance:

-The SOONER you return to Canada (the less OUT of compliance), the lower the chance of being reported and having issues at the border.
-No-one can tell you what the chances are. One day out of compliance is very low risk, two days a tiny tiny bit more risky, etc.
-Wnat lower risk? Return earlier. Want zero risk? Return while still in compliance.
-Want to cut-it-close and maximize your time abroad (for whatever reason)? That;s your choice, it will be more risky.

Now, final bit of clear advice: you are asking questions about which port of entry and minor other things. There is NO clear evidence or trend that this matters much.

What DOES matter? Returning earlier - especially returning while in compliance.

If you are serious about returning to Canada and residing permanently, with everything that entails - stop wasting time asking the same question over and over, and devote your efforts to returning as soon as possible.

Other minor aspects:
-If you return earlier but somewhat out-of-compliance (for example, less than a couple months) - don't worry so much, tell the truth, and if asked why out of compliance, tell the truth and mention covid / covid concerns/ family-related covid concerns / health covid concerns / covid economic concerns. Chances are pretty good that officer will consider 'covid reasons' as worthy of consideration (or they will be on appeal if it comes to that).

-Anecdotal evidence here is that in the last while (roughly since covid started), FEW cases of PRs being reported formally for being 'a bit' out of compliance, ie. small-numbered-months. That's not a guarantee, but does show - returning earlier / only a bit out of compliance is less risky.

-Important to reiterate: being let in without being reported does not resolve all issues eg still not possible to sponsor family.

-If you continue to delay your return, the risks will be higher. No, no-one can tell you how much the risks will increase.

[Important note: 'covid' will stop being serious or good reasons at some point in the future, and perhaps already less so than was the case 12 months ago. So this comment-not-quite-advice is somewhat temporary.]

I repeat: your best tactic is to return soonest.