Entering Canada after four years of the first landing

[manlec]

We are family of five (Husband, wife, two sons and one daughter) and are permanent residents of Canada since July 2013. Our PR cards will expire in September 2018.
We landed in Canada in July 2013 and then left after staying one and half month with an intention to return back after winding up my job in my home country. But due to some unforeseen circumstances, we could not return back up till now and are planning to go back to Canada next year in June 2017. That would be our fourth year of permanent residence status and we intend to stay continuously thereafter to fulfill the requirements of residency for our renewal of PR card and citizenship.
I would appreciate if you could kindly confirm if we will be able to enter Canada in June 2017 (our fourth year of PR status) and will be eligible for renewal of PR card in September 2019 after spending 730 days in Canada and ultimately eligible to apply for citizenship after spending 4 years starting from June 2017?
Thank you for your kind response.

 

[Ponga]

You don't seem to understand that you need to have 730 days in Canada from the date in July 2013 when you landed, through [same date] July 2018. This means that you need to return to Canada before the July anniversary date of your landing this year (+ 1-1/2 months, since you remained in Canada for 1-1/2 months, initially), to avoid the non-compliance problem.

In theory, you will be able to enter Canada, but be prepared for the CBSA officer to report you (and your family) for not meeting the Residency Obligation. This could very well lead to [each of] your PR being revoked.

 

[Rob_TO]

We landed in Canada in July 2013 and then left after staying one and half month

As of middle of August 2016, your family will be in violation of the Residency Obligation. As mentioned above, when you attempt to return to Canada you will most likely be reported by CBSA upon entry for not meeting RO, and will start process to revoke your PR status. You could stay in Canada if you wanted to appeal the RO decision, but unless there was a serious medical condition preventing you from returning to Canada earlier any appeal would probably be denied.

The date on your PR cards is irrelevant to meeting the RO.

To stay in compliance with the residency obligation, your entire family needs to return to Canada no later than August 2016 and stay here for next 2 years.

 

[scylla]

As others have said, your family will certainly be allowed to enter Canada.

However since you won't meet the residency obligation, it's impossible for any of us to say if you will be able to keep your PR status, be able to remain in Canada and ultimately qualify for citizenship.

 

[Leon]

If you don't get reported as you enter Canada, your plan will work and you will be able to renew your PR cards after staying for 730 days straight and you will be able to apply for citizenship after staying 4 years.

However, if you get reported, it depends on if you win your appeal and winning your appeal would depend on if you had H&C grounds for not being able to meet the RO. Not wanting to give up a job, problems selling real estate, studies of yourself or your child are not considered H&C grounds.

 

[mmab50]

Hi Leon

Does chronic ailment such as uncontrolled Diabetes and Kidney failure followed by patient put on dialysis will be considered on H&C ground?

 

[Leon]

Hi Leon

Does chronic ailment such as uncontrolled Diabetes and Kidney failure followed by patient put on dialysis will be considered on H&C ground?

If it was one of the PR's who had it, immigration could say that it would not have stopped the family returning to Canada and getting medical care through provincial health care.

If it was a close relative of the PR family such as parent or grandparent and they needed to stay outside Canada to take care of this person, this person could not take care of themselves and they have proof and doctors letters regarding the medical situation as well as being the caretakers, that would be considered as H&C grounds.

 

[manlec]

Thanks all for your valuable reply. It is bad news for me.

So does this mean that there is no way I can return to Canada in June 2017? Are there any workarounds possible?

Somebody told me that a possible solution could be entering Canada via US border on a private vehicle etc? Do the Canadian border officers not check PR cards and do they not interrogate via US border on a private vehicle?

Many thanks.

 

[Ponga]

Thanks all for your valuable reply. It is bad news for me.

So does this mean that there is no way I can return to Canada in June 2017? Are there any workarounds possible?

Somebody told me that a possible solution could be entering Canada via US border on a private vehicle etc? Do the Canadian border officers not check PR cards and do they not interrogate via US border on a private vehicle?

Many thanks.

You will still be allowed to re-enter Canada, because you have the right to enter Canada as a PR. You should NOT pretend that you are not a PR of Canada!

Even if you came back in 2025, you would not be denied at the border (unless the rules change by then). You should expect, however, to be reported to CIC for non-compliance which will likely lead to revocation of your PR.

 

[scylla]

Somebody told me that a possible solution could be entering Canada via US border on a private vehicle etc? Do the Canadian border officers not check PR cards and do they not interrogate via US border on a private vehicle?.

No matter how you enter Canada there is always some chance you may be questions and reported for failing to meet RO. There is no way to enter Canada that guarantees you won't be reported - there's always some chance you may be. There is however also a chance you won't be reported and will be able to keep PR.

 

[mmab50]

If it was one of the PR's who had it, immigration could say that it would not have stopped the family returning to Canada and getting medical care through provincial health care.
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Thanks Leon for your quick response. Below are some facts n figures and based on this you will be able to guide me :

It is for my wife who is a PR. Myself, wife n son immigrated on March 27, 2012 and our PR cards valid till May 2017. My son is working in Canada after his education and myself will be completing RO by March 2017, however, my wife who left Canada on August 8, 2012 to join me in KSA and never returned so far. I left KSA and returned to Canada in July 2013 and in February 2014 I left to my home country when my wife fall sick and hospitalized for a week. In 2014 she hospitalized thrice, two times critically ill because of chronic Kidney diseases, in 2015 she was taking alternative medicine along with regular Allopathy. I was in Canada almost 2015 and again when she hospitalized in January 2016, I left Canada to home country and taking care of her since then. I am planning to bring her along with me in August/Sep, 2016. I have all the hospital files, she is still undergoing regular kidney dialysis along with other medication for Diabetes. We will try to convince immigration officer why she was not able to travel Canada and request not to report to cic. Will this work?

I am already having Alberta Health card but my wife's OHIP expired in January 2016. Will she be able to get immediately the Health Card?

Appreciate expert advice from Leon and/or other members. Thanks

 

[torontosm]

If it was one of the PR's who had it, immigration could say that it would not have stopped the family returning to Canada and getting medical care through provincial health care.
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Thanks Leon for your quick response. Below are some facts n figures and based on this you will be able to guide me :

It is for my wife who is a PR. Myself, wife n son immigrated on March 27, 2012 and our PR cards valid till May 2017. My son is working in Canada after his education and myself will be completing RO by March 2017, however, my wife who left Canada on August 8, 2012 to join me in KSA and never returned so far. I left KSA and returned to Canada in July 2013 and in February 2014 I left to my home country when my wife fall sick and hospitalized for a week. In 2014 she hospitalized thrice, two times critically ill because of chronic Kidney diseases, in 2015 she was taking alternative medicine along with regular Allopathy. I was in Canada almost 2015 and again when she hospitalized in January 2016, I left Canada to home country and taking care of her since then. I am planning to bring her along with me in August/Sep, 2016. I have all the hospital files, she is still undergoing regular kidney dialysis along with other medication for Diabetes. We will try to convince immigration officer why she was not able to travel Canada and request not to report to cic. Will this work?

I am already having Alberta Health card but my wife's OHIP expired in January 2016. Will she be able to get immediately the Health Card?

Appreciate expert advice from Leon and/or other members. Thanks

As Leon mentioned earlier, your wife could have easily received treatment in Canada, so her remaining outside for her illness is not a legitimate H&C excuse. As for your wife immediately qualifying for a healthcard, it depends on which province you return to. some provinces like Ontario have a three month waiting period, while others, such as AB, don't.

 

[Leon]

If you are going to AB, she should be able to get a health card right away as a PR moving from outside Canada.

 

[mmab50]

If you are going to AB, she should be able to get a health card right away as a PR moving from outside Canada.

Thanks both Torontosm and Leon.

 

[cyt0plas]

So does this mean that there is no way I can return to Canada in June 2017? Are there any workarounds possible?

At any point, you (legally speaking) may asked to provide proof you meet your residency obligations. Every moment you violate residency obligations, you risk losing PR status. Pragmatically speaking, they generally only check when you apply for a PR card or cross the border.

Somebody told me that a possible solution could be entering Canada via US border on a private vehicle etc? Do the Canadian border officers not check PR cards and do they not interrogate via US border on a private vehicle?

That is potentially a way to bypass the eTA rules, which require people to get authorization to travel to Canada. Permanent Residents can't do that, and applying for a PR card or PR travel document will result in a residency exam. It doesn't fix the residency issue - when you drive across the border, you may be examined, and if you are, you may lose permanent residency.

There's nothing anyone else can do about that. If you do not return on time, you are gambling with your status.