@Efgan . . . overall . . . as has been suggested by some and alluded to by others, you indicate some difficulties which deserve compassion and sympathy but which might also mean that in your situation it is not worth the effort to try emigrating to Canada. How much effort, how much of your time, energy, and resources you are willing to invest in the effort to settle permanently in Canada, is a very personal decision, one only you can make.
And at this juncture, given the breach of the Residency Obligation and already having been cautioned about the RO by border officials, recognizing that you now meet the definition of inadmissible, there is the risk that despite your best efforts you might not succeed. That is, a big factor in your decision-making, in regards to how much effort you decide to invest, is recognizing that you might not be able to keep PR status no matter how much you now invest.
Which brings this to the key factor most likely to dominate how this goes: how soon you actually come to Canada to stay.
However strong your H&C reasons are, the longer it takes to actually get here, the less likely you are to get H&C relief for the RO breach.
And you knew this, or at the very least should have known this nearly a year ago. You were advised nearly a year ago that your best shot at keeping PR status was to get here SOON.
Longer Observations With Explanation:
@armoured has given a good response to this and likewise good responses to your follow-up questions.
However, you were previously given what you needed to know about your situation
nearly a YEAR ago when you asked about getting "
reported" by border officials upon your arrival here:
That was in response to several posts by you back in January (this year, 2024).
The crux of it then, and more so now, was that your best chance of keeping your PR status in Canada was to come to Canada to STAY as soon as possible. That was true nearly a year ago. Much more so now. Every day that passes before you come to Canada, and come to STAY, the more likely it is that an inadmissibility report will be prepared and the less likely it is that your reasons for not returning to Canada sooner will persuade a Minister's Delegate to allow you to keep PR status for H&C reasons.
Likewise in regards to the odds of making a successful appeal if necessary. The longer you remain outside Canada the worse your chances.
In particular, as you apprehend, again since you are already in breach of the PR Residency Obligation and thus meeting the definition of inadmissible, there is a risk border officials will commence inadmissibility proceedings when you next arrive in Canada and a Removal or Departure Order will be issued (which others have referred to as the 44(1) Report being completed). If this happens you will be allowed to enter Canada and have thirty days to start an appeal.
Should be obvious, but if you do not return to Canada before your PR card expires and you need a PR Travel Document to get here, the longer it goes before you make the application for the PR TD the less chance there is your H&C reasons will be sufficient.
Even though
@armoured has made many astute observations about the details of your situation, relative to making the H&C case and being allowed to keep PR status despite the RO breach, and the cautionary comments by
@canuck78 warrant recognition, as
@armoured also noted that discussion is prone to becoming a red herring, a distraction. In this regard,
@armoured outlined how to best approach making the H&C case to border officials:
. . . make sure to answer their questions with brief, succinct answers. Do make sure you respond to the question they answer, but only with appropriate amount of detail (not too much).
But don't respond to each question with very long and detailed or meandering answers. Don't volunteer lots of extra detail that they do not ask for, that will end up confusing them (and likely you).
Review in advance the basic narrative of your story since you became a PR so that you can summarize it briefly.
Probably a good idea to prepare making the H&C case more thoroughly, in more detail, including compiling documentary evidence of each of the impediments or reasons for not moving to Canada sooner. The point of this is to prepare for advancing your case in an appeal if that becomes necessary.
If you can compile just a very few pages of documents that support your H&C case, including things like a one page letter from a doctor qualified to summarize the medical issues regarding your eyesight, it could be helpful to have these
IN YOUR HANDS (not in bags, not even carry-on bags) when you go through screening at the Port-of-Entry upon your arrival here. Not a lot. Just enough to show there is supporting documentation for your case. I am not personally acquainted with how thorough the CBSA officer acting as a Minister's Delegate is likely to be in assessing H&C considerations, but my sense is this will usually be relatively thorough. The procedure pursuant to which the Minister's Delegate reviews the 44(1) inadmissibility report is mandated by statute, including in particular the officer's assessment of H&C considerations (the latter is mandated by Section 28(2)(c) IRPA.
But again, the more important factor is how soon you actually get here. The clock and calendar mark the never-ending march of time.
Note regarding waiting times for eye surgery:
Some suggest opting for eye surgery outside Canada is not likely to carry much weight in advancing H&C reasons for not settling here sooner, and in one of the other topics where the OP made similar queries, such as
@Naturgrl asserting that "
Queues for eyes are not long in Canada" and "
For my eye doctor, usually I can get an appointment within two weeks."
My understanding is that here, where I live in Ontario, the current wait time for eye surgery is around two years, AT the LEAST. My personal experience is that it can take considerably longer than that (I have been in queue for more than a year and there is no sign I will be scheduled for the surgery for at least another year). And this includes services for which one will pay out-of-pocket.
As
@armoured noted, these things and how they impact an individual are very personal and generalities are often way, way off, not helpful, not illuminating. The PR in breach should just tell their story and if that fails to avoid being issued a Departure Order, get an attorney to make the H&C case on appeal.
