Enter Canada with valid PR card but failing 730 days Residency Obligation rule

[manishdamani271]

Hello All,


I am in a situation and need some suggestion. I have gone through the forum regarding 730 days RO rule but still I have some confusion and really appreciate any input.

I did my landing on 20th March 2016. After that I lived in Canada for some time and return to US for my job. So as per my understanding my 5-year term starts from my date of landing i.e. 20th March 2016 to 20th March 2021. I am outside Canada (in US) and completed 532 days of my Canadian PR status days starting 20th March 2016. PR card expiry date is in May 2021.

Date of Landing: 20th March 2016
Days of RO completed till now: 532 days
Planning to enter in Canada on 15th October 2020. (By road)
Days Completed till 20th March 2021: 688 days

So, in short, I would be 42 days shorts. I cannot enter early as me, and my wife are expecting our first child soon. Hence need some time for recovery of baby and mother.

Now my questions are:
1) Can Immigration officer at border deny me entry if they report me for not completing RO period? If they let me pass but raise red flag on my case, in this scenario what is the next step for me to maintain my PR?
2) If at border my case is not been flagged and I am able to gain entry without any issue , do I need to just complete my remaining 42 days to renew PR card or do I need to complete 42 days plus additional 730 days ( to reset RO clock) to get eligible for renewing my PR card ?

Thanks everyone for taking time and reading this post.

 

[canuck78]

Hello All,


I am in a situation and need some suggestion. I have gone through the forum regarding 730 days RO rule but still I have some confusion and really appreciate any input.

I did my landing on 20th March 2016. After that I lived in Canada for some time and return to US for my job. So as per my understanding my 5-year term starts from my date of landing i.e. 20th March 2016 to 20th March 2021. I am outside Canada (in US) and completed 532 days of my Canadian PR status days starting 20th March 2016. PR card expiry date is in May 2021.

Date of Landing: 20th March 2016
Days of RO completed till now: 532 days
Planning to enter in Canada on 15th October 2020. (By road)
Days Completed till 20th March 2021: 688 days

So, in short, I would be 42 days shorts. I cannot enter early as me, and my wife are expecting our first child soon. Hence need some time for recovery of baby and mother.

Now my questions are:
1) Can Immigration officer at border deny me entry if they report me for not completing RO period? If they let me pass but raise red flag on my case, in this scenario what is the next step for me to maintain my PR?
2) If at border my case is not been flagged and I am able to gain entry without any issue , do I need to just complete my remaining 42 days to renew PR card or do I need to complete 42 days plus additional 730 days ( to reset RO clock) to get eligible for renewing my PR card ?

Thanks everyone for taking time and reading this post.

Does your wife have PR?

Yes you could be reported For not meeting your RO. You have stayed in Canada for 532 days so your chances of only getting a warning is pretty good. Your big issue is that you can’t sponsor your child until you are compliant with your PR. They will be able to enter with US citizenship but will have to extend their status and won’t have access to healthcare in most provinces.

You will need to remain in Canada until you have been in Canada for over 730 days in the past 5 years. I would leave a bit of a buffer an not apply right at 730 days.

 

[manishdamani271]

Does your wife have PR?

Yes you could be reported For not meeting your RO. You have stayed in Canada for 532 days so your chances of only getting a warning is pretty good. Your big issue is that you can’t sponsor your child until you are compliant with your PR. They will be able to enter with US citizenship but will have to extend their status and won’t have access to healthcare in most provinces.

You will need to remain in Canada until you have been in Canada for over 730 days in the past 5 years. I would leave a bit of a buffer an not apply right at 730 days.

Hi, Thank you for replying. Yes my wife has valid PR card with plenty of time left. So her case is fine.

Yes I stayed for 532 days. And if I enter on 15th October 2020 and if I count days till 20th March 2021 ( 5th anniversary of landing ) , I will be short by 30 days. Do think this will cause me big issue.

I can explain to the officer about the reason for my late entry is COVID scenario making difficult to travel and having a child recently causing us to delay our trip.

Any suggestion ?

What if I try to enter early like 15th September and till my 5th anniversary I would be completing exactly 730 days.

 

[thevisawhisperer]

"I can explain to the officer about the reason for my late entry is COVID scenario making difficult to travel and having a child recently causing us to delay our trip."

and the officer will either let you in or begin proceedings to remove your PR status. If s/he allows you to enter, wait until you've accumulated 730 and then apply for a new PR card.

 

[manishdamani271]

Does your wife have PR?

Yes you could be reported For not meeting your RO. You have stayed in Canada for 532 days so your chances of only getting a warning is pretty good. Your big issue is that you can’t sponsor your child until you are compliant with your PR. They will be able to enter with US citizenship but will have to extend their status and won’t have access to healthcare in most provinces.

You will need to remain in Canada until you have been in Canada for over 730 days in the past 5 years. I would leave a bit of a buffer an not apply right at 730 days.

Thanks for the response. Appreciate your time. I have one more question about sponsoring our Child. Can my wife who has valid PR status can sponsor our child or it has to both parents sponsoring the child ? And do we need to have full time job in Canada and pay stubs to show financial support or good healthy bank balance is suffice ?

 

[mashulia_26]

Thanks for the response. Appreciate your time. I have one more question about sponsoring our Child. Can my wife who has valid PR status can sponsor our child or it has to both parents sponsoring the child ? And do we need to have full time job in Canada and pay stubs to show financial support or good healthy bank balance is suffice ?

Whoever is in Canada and is is compliant with RO can sponsor the child. You cannot sponsor your child while being outside Canada and short in RO.

 

[canuck78]

This is very confusing. Is the OP the wife? The husband doesn’t seem to have received PR in 2016.

 

[manishdamani271]

This is very confusing. Is the OP the wife? The husband doesn’t seem to have received PR in 2016.

Thank you for your reply. Me (husband) received PR in 2016 and wife received PR in 2019. Husband already completed 532 days and planning to enter with wife around 15th October 2020. So at 5th anniversary husband will be completing 688 days. So just worried as husband is short by 42 days what can happen at Point of Entry although wife is well within RO regulation as her PR start date is very recent.

 

[canuck78]

Thank you for your reply. Me (husband) received PR in 2016 and wife received PR in 2019. Husband already completed 532 days and planning to enter with wife around 15th October 2020. So at 5th anniversary husband will be completing 688 days. So just worried as husband is short by 42 days what can happen at Point of Entry although wife is well within RO regulation as her PR start date is very recent.

Did the family leave as soon as the wife got PR?

 

[manishdamani271]

Did the family leave as soon as the wife got PR?

Thank you for your reply. So me and my wife got PR independently. She got it through Express Entry FSW case and I got it through based on my Canadian education and later on PNP. So we never lived in Canada as family . This is first time we will be entering as family with intention to get permanently settled in Canada.

As I mentioned before in thread , we were not able to come early this year because of COVID situation and our coming baby .

Just trying to understand why "Did the family leave as soon as the wife got PR? " this question makes any difference in our case ?

Again thank you very much for replying to my query. Appreciate your time.

 

[Canada2020eh]

What is the due date for the child? What province are you going to in Canada? Some provinces do not have a waiting period to get medical coverage. Is there another reason you can't come here sooner, job obligation etc? You are both PR's, you can come back to Canada anytime, so to say you can't because of Covid doesn't sound like a valid reason not to return. You are allowed to travel by air or do a land border crossing.

 

[manishdamani271]

What is the due date for the child? What province are you going to in Canada? Some provinces do not have a waiting period to get medical coverage. Is there another reason you can't come here sooner, job obligation etc? You are both PR's, you can come back to Canada anytime, so to say you can't because of Covid doesn't sound like a valid reason not to return. You are allowed to travel by air or do a land border crossing.

Hi @Canada2020eh
Thank you for your reply. Appreciate your time. Actually due date is in couple of weeks. So we are in California as of now and we will be travelling to Toronto. We postponed our plan because of this COVID and risk of getting infection for pregnant woman at airport and during flight. We didn't want to take any kind of travel risk for my wife in pregnancy situation. That is the main reason for us. Starting Feb 2020 things are so uncertain and COVID panic started to rise. And after that when my wife started 8th month it is not advisable to take flight during pregnancy. After getting baby delivered it takes 2-3 months to get recover for both mother and baby. Hence we are targeting October mid now to travel.

 

[Canada2020eh]

Hi @Canada2020eh
Thank you for your reply. Appreciate your time. Actually due date is in couple of weeks. So we are in California as of now and we will be travelling to Toronto. We postponed our plan because of this COVID and risk of getting infection for pregnant woman at airport and during flight. We didn't want to take any kind of travel risk for my wife in pregnancy situation. That is the main reason for us. Starting Feb 2020 things are so uncertain and COVID panic started to rise. And after that when my wife started 8th month it is not advisable to take flight during pregnancy. After getting baby delivered it takes 2-3 months to get recover for both mother and baby. Hence we are targeting October mid now to travel.

OK, I see your situation now.