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Entering as a PR after 3+ years abroad

AkkiV

AkkiV

Star Member
Dec 3, 2017
67
7
dpenabill said:
It gets complicated . . . and can get more complicated.

You cannot obtain a work visa unless you have already lost or given up PR status. Almost always easier to keep status than to qualify for and be granted status again after losing it or voluntarily surrendering it (noting, though, losing it for RO breach, or surrendering it for RO reasons, does NOT hurt an application for new PR; it is just that absent a more definite path, such as being sponsored by a Canadian spouse, is subject to contingencies and hurdles that can pose significant difficulty in getting PR again).

Best approach is probably to make the trip to Canada as soon as practical. Upon arrival at the PoE you should learn more, and potentially a lot more, about how things are going to go. Based on that, you can then make better informed decisions about how to navigate things from there.

Remember, even if Reported, you can appeal, and stay in Canada pending the appeal, and come and go as well.

If NOT reported, that could actually be the more difficult scenario in terms of figuring out what to do . . . staying is the safe bet, for keeping PR status, but employment is a huge factor in an individual's decision making, so it will be up to you to decide. At that stage that might be the time to go see a qualified and reputable immigration lawyer to more specifically review your situation and options.
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Thank you again. Yes, it has got very complicated, complicated to the point that I am now thinking of just giving it up rather than going through these scenarios as it involves my employment as well.
If I am reported, I can file an appeal and during that period, I can still go in and out. If the PR is taken away after a point, I believe I can apply for a fresh work visa.
If not reported, I will be stuck for 2 years which my employer may not like.
 
AkkiV

AkkiV

Star Member
Dec 3, 2017
67
7
canuck78 said:
When did you land in Canada? If you have only done a soft landing I don’t see how you are arriving at April 2021? You must meet the 2 out of 5 years from your landing date.
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I did a soft landing in April 2018...was there for 3 days.
 
AkkiV

AkkiV

Star Member
Dec 3, 2017
67
7
armoured said:
You wrote 2017 earlier. Was it 2017 or 2018? It's actually significant in this context.
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Sorry. My bad. I got PR approved in 2017 but completed my soft landing in April 2018. So I believe I have time till April 2021.
 
A

armoured

VIP Member
Feb 1, 2015
18,148
9,473
AkkiV said:
Sorry. My bad. I got PR approved in 2017 but completed my soft landing in April 2018. So I believe I have time till April 2021.
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Then you will not be reported and there is no issue as long as you arrive before that three-year anniversary of landing; as long as you arrive before April, you are in compliance.

Note: if you arrive tomorrow, you will have approximately 60-90 days 'extra' as buffer in your RO. That's the amount you can travel while remaining in compliance (you'll have to do exact calculations). You'll have to decide whether that's sufficient or not for your plans for travel and life needs.

But the later you arrive/return to Canada, the less flexibility you have. You first wrote here in October - that's about 90 additional days of flexibility you have 'lost' by delaying. I am guessing that the time to convince your current employer to transfer you will not be that quick, so it may not be realisitc.

Now for someone clearly _residing_ in Canada and while your PR card is valid, you may have a reasonable chance of being somewhat-out-of compliance on future re-entry - but it is a risk. After your PR card expires, it becomes more complex, esp with delays in renewing cards.

At some point you'll have to decide whether you can live with those potential restrictions/issues. You've not resided in Canada at all really since your original landing. The residency obligation provided you a lot of flexibility that you've more or less used up. If retaining PR status and residing in Canada is important to you, you still have time to make that work, but it is a choice, not an easy one, but only your choice.

This may be a bit glib, but the sooner you return to Canada to stay, the more options you have to make it work, and the later you arrive, the fewer options and less flexibility; but nobody can decide that for you.
 
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AkkiV

AkkiV

Star Member
Dec 3, 2017
67
7
Thank you all! I am glad to let you all know that I will be most likely be moving to Canada this February. Will be doing work from home for my existing company for the next 6 months for now. Let's see how it goes eventually.
 
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canadabound1234

Member
Feb 14, 2021
14
2
My wife, my son and I have a Canadian PR Card dated Dec 2018 and expiring in Dec 2023. We did our soft landing in Sep 2018 and returned back to the US, where we live on an H1B visa. I plan to seek a job transfer from my employer in March - a multi-national company - to move from USA to Canada in May/June of 2021. I just want to make sure that I understand the timelines and implications of moving correctly.

If I move to Canada, say, in June 2021 (3 months ahead of my deadline of Sep 2021) and plan to spend about 1 month per year outside due to business and personal travel, is there still a risk that Canadian authorities can flag/report me for low likelihood of fulfilling residence obligation and try to revoke my PR status? Can I get into trouble with Canadian authorities just because of cutting things close?
 
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armoured

VIP Member
Feb 1, 2015
18,148
9,473
canadabound1234 said:
If I move to Canada, say, in June 2021 (3 months ahead of my deadline of Sep 2021) and plan to spend about 1 month per year outside due to business and personal travel, is there still a risk that Canadian authorities can flag/report me for low likelihood of fulfilling residence obligation and try to revoke my PR status? Can I get into trouble with Canadian authorities just because of cutting things close?
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If you return and remain in compliance, no, you cannot get into trouble. They might politely warn you that you are close to being out of compliance, but if you are in compliance, that's it.

One caveat though: you should keep in mind that getting your PR card renewed in 2023 might take some time. And practically, travel might be difficult if you are without a valid PR card, even if in compliance. (And applying for a new card before you are well-in-compliance - with some buffer - might take longer)

And of course, 'contingencies' - should you for unplanned reasons need to be abroad for longer than you currently think.

[A separate point: transfers by your employer might well take longer than you think - plan ahead.]
 
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canadabound1234

Member
Feb 14, 2021
14
2
armoured said:
If you return and remain in compliance, no, you cannot get into trouble. They might politely warn you that you are close to being out of compliance, but if you are in compliance, that's it.

One caveat though: you should keep in mind that getting your PR card renewed in 2023 might take some time. And practically, travel might be difficult if you are without a valid PR card, even if in compliance. (And applying for a new card before you are well-in-compliance - with some buffer - might take longer)

And of course, 'contingencies' - should you for unplanned reasons need to be abroad for longer than you currently think.

[A separate point: transfers by your employer might well take longer than you think - plan ahead.]
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Armoured - Thanks for your well thought out response. I really appreciate it.
I agree with all that you said. I'll keep that in mind as I plan my move to Canada!
 
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