Can I leave and come back after living in Canada as PR for about 1.5 years?

[dry.00]

Background;
I became a PR last year (2020) and moved to Canada. (Have never set foot on Canadian soil before then.)
I've been keeping track of the days I've been in Canada, and it's been a little over a year now.
But I'll likely take up a job in the US far from the US-Canadian border next year.
By then, I will have lived in Canada as a PR for about 1.5 years.

Since the residency requirement calls for 2 out of 5 years, would it be possible to come back to Canada in 2023 without any issues?
I just need to enter Canada for about a month in 2023 for personal reasons.

Just an additional question:
What is the process of revoking your PR process like?
Let's say I come back at a time when I clearly cannot fulfill my residency obligations, do they take away my PR card right away at the airport?
Or am I allowed in while keeping the PR card, but I'll have to stay in Canada until the revocation process is completed?

 

[jakklondon]

You can do anything you want to do. Once you violate RO, suppose you lost your PR. So, why bother with questions or care? Just do your best and if you get back to border, think of it like a lottery. The worst they can do is strip you of your PR status (which , for all practical purposes, you lost anyway). If not, you retain it. And never feel sorry about anything.

To answer your questions:

1. They report you at the border. You have 30 days to appeal.
2. They CAN'T. All they can do is report you. Then you have 30 days to appeal. If you appeal, the appeals board is the one who will decide your status. Until then, no one can take your PR away.
3. Yes, you can come in and stay while you wait for appeal to be decided.

 

[Bloodrose]

Background;
I became a PR last year (2020) and moved to Canada. (Have never set foot on Canadian soil before then.)
I've been keeping track of the days I've been in Canada, and it's been a little over a year now.
But I'll likely take up a job in the US far from the US-Canadian border next year.
By then, I will have lived in Canada as a PR for about 1.5 years.

Since the residency requirement calls for 2 out of 5 years, would it be possible to come back to Canada in 2023 without any issues?
I just need to enter Canada for about a month in 2023 for personal reasons.

Just an additional question:
What is the process of revoking your PR process like?
Let's say I come back at a time when I clearly cannot fulfill my residency obligations, do they take away my PR card right away at the airport?
Or am I allowed in while keeping the PR card, but I'll have to stay in Canada until the revocation process is completed?

If you would only be 6 months away from meeting RO then why not stick around for those 6 months if you can and buy yourself a backup option in case things don't work out in the US?

Nobody has their card seized and status revoked at the border. If found to be in breach at a POE, a report is filed and you're allowed into the country. The case is then considered and you have the right to plead your case if you want to.

 

[canuck78]

Background;
I became a PR last year (2020) and moved to Canada. (Have never set foot on Canadian soil before then.)
I've been keeping track of the days I've been in Canada, and it's been a little over a year now.
But I'll likely take up a job in the US far from the US-Canadian border next year.
By then, I will have lived in Canada as a PR for about 1.5 years.

Since the residency requirement calls for 2 out of 5 years, would it be possible to come back to Canada in 2023 without any issues?
I just need to enter Canada for about a month in 2023 for personal reasons.

Just an additional question:
What is the process of revoking your PR process like?
Let's say I come back at a time when I clearly cannot fulfill my residency obligations, do they take away my PR card right away at the airport?
Or am I allowed in while keeping the PR card, but I'll have to stay in Canada until the revocation process is completed?

Yes you can move to the US as long as you can meet the RO within 5 years from your landing date. There are separate residency requirements to qualify for health coverage even with a valid card so you will need to reapply once you return to settle for good. Would encourage you to look up the healthcare residency requirements in your province. When returning to Canada you can be reported if you don’t meet your RO. If reported you can appeal. If appeal is denied the process of losing your PR status will begin and you’ll need to leave. If approved you can stay. To sponsor someone you must be compliant with your RO.

 

[dry.00]

I see. Thank you all for your answer.

If you would only be 6 months away from meeting RO then why not stick around for those 6 months if you can and buy yourself a backup option in case things don't work out in the US?

The reason I may not stay an extra 6 months is because of the start date of the job, which may not be flexible.
I'm still in the process of working this out.

 

[jakklondon]

I see. Thank you all for your answer.
The reason I may not stay an extra 6 months is because of the start date of the job, which may not be flexible.
I'm still in the process of working this out.

As the poster above stated, anytime you enter Canada you are subject to 730 days out of 5 years rule. As long as you can show (upon entry) that you will be able to make those 730 days within the 5 years period, there is no issue to worry about. Just beware, each time you enter Canada you are subject to the same rule. So, if you exit Canada again and stay out for too long, next time you enter you could be subject to report. What is your status in the US? If you lose your PR in Canada you must be willing to return to the country where you can stay and work permanently.

 

[dry.00]

As the poster above stated, anytime you enter Canada you are subject to 730 days out of 5 years rule. As long as you can show (upon entry) that you will be able to make those 730 days within the 5 years period, there is no issue to worry about. Just beware, each time you enter Canada you are subject to the same rule. So, if you exit Canada again and stay out for too long, next time you enter you could be subject to report. What is your status in the US? If you lose your PR in Canada you must be willing to return to the country where you can stay and work permanently.

I see. Thanks for your reply.

My status is H-1b in the US.

For my 2023 visit to Toronto, I just need to have my PR card in person for my visit then. As long as I can keep my card even if I'm under revocation process, I'll be ok.

 

[jakklondon]

You need PR to cross border, and you need to be in compliance with RO to avoid any issues at the border. With H-1b you can cross into Canada as many times as you want, as long as you are allowed to.

 

[RocketCity]

With H-1b you can cross into Canada as many times as you want, as long as you are allowed to.

Can I get a source on this?

 

[jakklondon]

Can I get a source on this?

You mean you need a source to substantiate the claim that you can enter Canada with proof of Permanent Residence status and residency obligation?

You need PR to cross border, and you need to be in compliance with RO to avoid any issues at the border. With H-1b you can cross into Canada as many times as you want, as long as you are allowed to.

 

[RocketCity]

You mean you need a source to substantiate the claim that you can enter Canada with proof of Permanent Residence status and residency obligation?

No, the H1b part. Because he has a PR card, it's a given that he can enter Canada. I wasn't sure if "With H-1b you can cross into Canada as many times as you want, as long as you are allowed to." was independent of him carrying a PR card (or CoPR). Seems like his H-1B status is irrelevant on whether or not he can enter Canada.

 

[jakklondon]

No, the H1b part. Because he has a PR card, it's a given that he can enter Canada. I wasn't sure if "With H-1b you can cross into Canada as many times as you want, as long as you are allowed to." was independent of him carrying a PR card (or CoPR). Seems like his H-1B status is irrelevant on whether or not he can enter Canada.

Why did you take second sentence out of context , and as a separate or sole entitling factor to get admitted into Canada?
Since that sentence comes after the (first) assertion (re: PR card), what it means is that having H-1b non-immigrants visa/status in the US will not get you in trouble/reported at the Canadian border, as long as you meet RO in Canada.

Separately, OP will need valid H-1b visa in his passport to be admitted/return into the US.

P.S. To avoid confusion read the entire text, without removing a part of it out of the context.

 

[RocketCity]

Separately, OP will need valid H-1b visa in his passport to be admitted/return into the US.

Fair enough.

On quoted statement above....Technically, you can actually return to the US with an expired H-1B visa as long as you visit Canada for less than 30 days (automatic revalidation rule). I took advantage of this rule when I did my landing as a Canadian PR several years back.

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visa-expiration-date/auto-revalidate.html

 

[jakklondon]

Fair enough.

On quoted statement above....Technically, you can actually return to the US with an expired H-1B visa as long as you visit Canada for less than 30 days (automatic revalidation rule). I took advantage of this rule when I did my landing as a Canadian PR several years back.

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visa-expiration-date/auto-revalidate.html

Many years back that was a practice and people used to go to Canada to renew their visas, and return to US with valid I-94 even if they didn't get new visa stamp (your existing visa stamp had to match the status on your I-94 though). I don't know if you can still do that, after implementation of Triple Hermetic Extra Sealed Border Initiative, or whatever Orwellian BS they call it now.

P.S. The link you posted references F and J visa only. Check it out. As i said, years back what you described was a common practice for H1 status holders. But may not be so under current regulations.

 

[RocketCity]

Many years back that was a practice and people used to go to Canada to renew their visas, and return to US with valid I-94 even if they didn't get new visa stamp (your existing visa stamp had to match the status on your I-94 though). I don't know if you can still do that, after implementation of Triple Hermetic Extra Sealed Border Initiative, or whatever Orwellian BS they call it now.

P.S. The link you posted references F and J visa only. Check it out. As i said, years back what you described was a common practice for H1 status holders. But may not be so under current regulations.

The wording is awkward, but I think you are referring to this:

• Nonimmigrants who departed the United States for brief travel to Canada, Mexico, or an adjacent island (for F and J nonimmigrants) for thirty days or less;

The F and J portion refers to the adjacent island. So nonimmigrants generally can go to Canada and Mexico and come back using this rule. F and J holders can additionally go to adjacent islands (i.e Carribeans). Note: this was the wording when I looked up the rule many years back. This is an explanation of the rule from Dartmouth's international office:

https://ovis-intl.dartmouth.edu/immigration/h-1b-employees/h-1b-travel

AUTOMATIC REVALIDATION
After initial entry to the U.S., nonimmigrants who have an expired visa in their passport may re-enter the U.S. without obtaining a new visa if their travel was solely to the contiguous countries of Canada and Mexico. F and J visa holders may also be able to benefit from Automatic Revalidation after travel to the Caribbean Islands (excluding Cuba). Travel must be for a period of fewer than 30 days. This procedure is known as Automatic Revalidation of the U.S. visa.

And it looks like based on some anecdotal evidence, this rule still works (based on a few reddit threads)
https://www.reddit.com/r/h1b/comments/q2l1fk https://www.reddit.com/r/askimmigration/comments/e5v8gy
For me, I did not want to spend more time applying for a visa. CIC for whatever reason took a bit longer than what was expected, so by the time they issued my PR visa I only had 1.5 months to land (due to medicals close to expiring). The worst-case scenario was that automatic revalidation didn't work, and I would apply for a visa while in Canada as a Third Country National, but it didn't come down to that.

EDIT: Here's the relevant regulation...

https://www.ecfr.gov/current/title-22/chapter-I/subchapter-E/part-41/subpart-K/section-41.112#p-41.112(d)(1)

(d) Automatic extension of validity at ports of entry.


(1) Provided that the requirements set out in paragraph (d)(2) of this section are fully met, the following provisions apply to nonimmigrant aliens seeking readmission at ports of entry:

(i) The validity of an expired nonimmigrant visa issued under INA 101(a)(15) may be considered to be automatically extended to the date of application for readmission; and
(ii) In cases where the original nonimmigrant classification of an alien has been changed by DHS to another nonimmigrant classification, the validity of an expired or unexpired nonimmigrant visa may be considered to be automatically extended to the date of application for readmission, and the visa may be converted as necessary to that changed classification.

(2) The provisions in paragraph (d)(1) of this section are applicable only in the case of a nonimmigrant alien who:

(ii) Is applying for readmission after an absence not exceeding 30 days solely in contiguous territory, or, in the case of a student or exchange visitor or accompanying spouse or child meeting the stipulations of paragraph (d)(2)(i) of this section, after an absence not exceeding 30 days in contiguous territory or adjacent islands other than Cuba;