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Accident so cannot travel for 1 month. PR obligation day count??

jakklondon

Hero Member
Oct 17, 2021
582
139
Thanks @armoured @jakklondon @dpenabill @scylla @Tubsmagee.

So my understanding after reading all the replies is that since I'm landing on 28-Apr-2022,
1. I have nothing to worry while maintaining 730 days PRO till end of my 5 year period (11-May-2024).
2. However I will be restricted in taking a vacation in 2023 and I will get NIL consideration if I take a 21+ days vacation (751-730 days), based on 11may19 to 10may24 period with 8 days soft landing presence in 2019 + 28apr22 to 10may24 permanent presence). I used this calculator:
Physical Presence Calculator (cic.gc.ca)
3. And even if I email now about my fracture, I cannot seek PRO consideration for my future absence of 22+ days in 2023 (to attend my brother's wedding next summer).
Please let me know if my understanding is correct.

Many thanks for your answers. I greatly appreciate all the helpful information in this forum.
You are welcome, joy01, I am glad if my insights were helpful to you.

On to additional questions:

1. If you are admitted in Canada without report at the border, then you have nothing to worry about while staying in Canada. Just make sure not to apply for any immigration benefits and don't travel outside again, until you accumulate enough days in Canada in excess of 730 that would allow you to go and return without any hurdles. If you are reported during your first entry in Canada after the accident, then you know what to do (appeal, appear before IAD and etc.). Consult attorney if you need to make an H&C plea.
2. Math is simple: at the time of admission you must show that you have spent 730 days or more in Canada during preceding 5 years. Whatever you do, make sure you have those numbers in your favor before you apply for admission at the POE. If not they will give you a hard time.
3. I don't know how the CIC functions these days, but I would assume that the only time you would meaningfully interact with them would be at the border (and not via email). At the border they may (and often do) examine your RO. When they do, you either meet RO or you are in breach. If you are in breach they either waive you in without any consequences, or they report you with intention to deport. It's at this point (if they intend to report you to get you removed from Canada) where you can plea your case and produce documented evidence of your fracture , clinical discharge records and doctor's notes which, among other things, ordered you to stay in bed and thus (so I assume) directly caused your non-compliance. If border officer is not a complete moron (and believe me, there are lots of morons hired by that agency), then your documentation should suffice to let you in without any issues. But if you get one of those guards I encountered, then they are likely to report you anyway. Which in the end shouldn't be a big deal, just appeal it to IAD and consult with licensed Canadian immigration attorney to make sure procedural rules are followed.
Note: We are used to think of common criminals and hoodlums on the street as mean liars and cover up artists, but there is more than enough share of those same type of individuals among cops and other authority figures who wear the badge. After all human nature is the human nature, whether one wears a badge or gangster's tattoo, and these two often come from the same pool of people. Just keep all this in mind, be always well prepared, have a strong case and a good faith, and you should be fine.
 
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