Entry into Canada after 2.5 years of getting a PR

[K_T]

Hi All,

I'd like to know the process for reentering Canada 2.5 years after receiving the PR card. Are there any specific requirements or procedures to follow? Will there be any potential issues at the point of entry due to the time gap since receiving the PR card and potentially not being able to meet the PR obligation of 730 days in 5 years?

Thanks in advance,
KT

 

[armoured]

Hi All,

I'd like to know the process for reentering Canada 2.5 years after receiving the PR card. Are there any specific requirements or procedures to follow? Will there be any potential issues at the point of entry due to the time gap since receiving the PR card and potentially not being able to meet the PR obligation of 730 days in 5 years?

Thanks in advance,
KT

If you have been out of Canada less than 1095 days since becoming a PR (that is, date of landing), you are in compliance and have nothing to worry about. You should expect that they still might ask questions. Just tell the truth.

The 1095 days is significant because in the first five years from landing, you are by law compliant if there are 730 days until the end of that first five years, because you have time remaining to accrue those 730 days. (Five years * 365 days - 730 days = 1095 days.)

All other requirements or procedures are basic civil etc - get health care card, SIN (if you do not have), changes of address, etc.

 

[K_T]

Thanks for the reply. What happens if I've been out of Canada for more than 1095 days? i.e. I don't have enough days to accrue those 730 days to meet the obligation and I am not in compliance. Will I still be able to enter Canada and ask for an extension based on a genuine medical reason or will it be an issue?

Thanks in advance,

 

[armoured]

Thanks for the reply. What happens if I've been out of Canada for more than 1095 days? i.e. I don't have enough days to accrue those 730 days to meet the obligation and I am not in compliance. Will I still be able to enter Canada and ask for an extension based on a genuine medical reason or will it be an issue?

Thanks in advance,

When did you first become a PR? How many days have you been out of canada in the last five years?

 

[K_T]

I became PR in August 2020, and after landing left Canada in September 2020. I live in the US and couldn't move to Canada due to first COVID and then medical reasons for which I have proof from hospitals. Now I am planning to visit Canada in November for two weeks to attend my brother's wedding who also lives in Canada and initiate the move and then hopefully move permanently by next summer after wrapping up everything in the US. I understand that I have not met RO. So I'm wondering
1) Will I be allowed to enter Canada in Nov this year?
2) When do I have to appeal to explain my circumstances for not meeting RO- is it now if I get reported or after the completion of 5 years when I have to apply for a PR extension?
3) What is the process of revoking PR status in general?
Thanks and much appreciated.

 

[armoured]

I became PR in August 2020, and after landing left Canada in September 2020. I live in the US and couldn't move to Canada due to first COVID and then medical reasons for which I have proof from hospitals. Now I am planning to visit Canada in November for two weeks to attend my brother's wedding who also lives in Canada and initiate the move and then hopefully move permanently by next summer after wrapping up everything in the US. I understand that I have not met RO. So I'm wondering
1) Will I be allowed to enter Canada in Nov this year?
2) When do I have to appeal to explain my circumstances for not meeting RO- is it now if I get reported or after the completion of 5 years when I have to apply for a PR extension?
3) What is the process of revoking PR status in general?
Thanks and much appreciated.

That's not 2.5 years, that's three years. And if you only return next summer to reside, that's basically four years. Give bad information, you'll get incorrect information.

Yes, if you continue as going on your plans above, you'll be out of compliance.

You should probably be looking at the threads in the forum entitled permanent residency obligations.

1) You'll be allowed in. You may or may not be questioned in more detail, be waved through with no issues, get a mild warning, or more serious consequences up to and including being reported for non-compliance. For being out of compliance a couple months, that would perhaps be less likely, but no way to say.

2) You could get reported now, ro when you return next summer. If you're let in without the formal reporting process (both times), then you can just reside in Canada and wait until you are back in compliance (before you renew your PR card).

3) You get reported, that starts the process - if you do not appeal, it's done quickly. If you appeal, it takes longer and obviously chances it may not happen exist.

To be upfront: the biggest weakness in your plan is this - when you are out of compliance and if your lifestyle (job, family, whatever) requires you to travel a lot, you will constantly be at risk of having an issue each time you return. And when your PR card expires, you'll basically have to wait until back in compliance before applying to renew (and in the interim, can't board a plane to return).

You will have FAR fewer issues and risks if you return as early as possible to reside here.

 

[K_T]

This is very helpful. Thanks a lot and much appreciated. Sorry about the confusion about the number of years.

 

[K_T]

Quick clarification for point number 2. Will I be allowed to stay in Canada to accrue 730 days to come back in compliance, if my PR card is expired and if I need more than 5 years from my original landing date? Thanks

 

[armoured]

Quick clarification for point number 2. Will I be allowed to stay in Canada to accrue 730 days to come back in compliance, if my PR card is expired and if I need more than 5 years from my original landing date? Thanks

Short form, yes. They really only look at your compliance as of dates of examination - the most obvious ones being entering Canada. If you are in country, residing, the only 'examinations' done by IRCC are basically when you apply for something - like a new PR card, citizenship, etc.

You can live without a valid PR card - the card is not the status.

The PR card is mostly needed to board a plane to return to Canada. (You may need to show for some things like renewing or applying for a health card, but those things are generally infrequent

 

[K_T]

Makes sense, thanks. Final follow-up question, What happens to the PR status when one is in non-compliance waiting to come back in compliance? And requires going beyond the 5-year mark from the date of landing.

 

[armoured]

Makes sense, thanks. Final follow-up question, What happens to the PR status when one is in non-compliance waiting to come back in compliance? And requires going beyond the 5-year mark from the date of landing.

Nothing happens to it - if you're in Canada, you're legal, you go about your life and accrue days to get back in compliance. If you're not examined, there's no issue - and if you don't apply for anything, apply to enter (appear at a border), break any laws and whatever, nothing happens. Except you slowly get back in compliance.

A thing that comes up - PR status is not the PR card, and being non-compliant is not illegal. There's no automatic repercussions, and no-one goes back and checks that you were never non-compliant.