Entry into Canada (PR obligation)

[newimm]

Our COPR date of Landing is Nov 2014 and received permanent card valid until May 2020.

Currently living in USA and trying for jobs in Canada.

We are planning to relocate to Canada to live there permanently by July 2018.

Can we get admitted into Canada in July 2018 (with respect to 730-day residency obligation requirement)?

Can you please clarify?

This will help us making an important decision on when to relocate to Canada.

Thank you

 

[PMM]

Hi

Our COPR date of Landing is Nov 2014 and received permanent card valid until May 2020.

Currently living in USA and trying for jobs in Canada.

We are planning to relocate to Canada to live there permanently by July 2018.

Can we get admitted into Canada in July 2018 (with respect to 730-day residency obligation requirement)?

Can you please clarify?

This will help us making an important decision on when to relocate to Canada.

Thank you

1. You don't say when you left Canada. So between Nov/14 and Nov/19, you must have resided in Canada for 2 years.

 

[Rob_TO]

Our COPR date of Landing is Nov 2014 and received permanent card valid until May 2020.

Currently living in USA and trying for jobs in Canada.

We are planning to relocate to Canada to live there permanently by July 2018.

Can we get admitted into Canada in July 2018 (with respect to 730-day residency obligation requirement)?

Can you please clarify?

This will help us making an important decision on when to relocate to Canada.

Thank you

Assuming you landed as PR then left Canada shortly after (Nov 2014), you will officially be in violation of the residency obligation starting Nov 2017 (or exactly 3 years living outside Canada after becoming PR). The expiry date on your PR card has nothing to do with meeting the residency obligation.

So when you return in 2018, if you don't meet the residency obligation at that time you could be reported upon entry by CBSA, which will lead to your PR status being revoked. You can still enter Canada to appeal, but may soon need to leave if/when your status is revoked. Unless you have some compelling H&C reasons to not meet RO, odds are an appeal would fail.

If you can enter Canada without being reported, you would need to then stay 2 straight years without leaving even once, in order to come back into compliance with RO and eventually renew your PR card.

To guarantee you can keep your PR status, you can't stay outside Canada more than 3 years in a 5 year span.

 

[newimm]

Hi


1. You don't say when you left Canada. So between Nov/14 and Nov/19, you must have resided in Canada for 2 years.

Sorry I did not mention that. I left shortly in couple of days.

 

[newimm]

Assuming you landed as PR then left Canada shortly after (Nov 2014), you will officially be in violation of the residency obligation starting Nov 2017 (or exactly 3 years living outside Canada after becoming PR). The expiry date on your PR card has nothing to do with meeting the residency obligation.

So when you return in 2018, if you don't meet the residency obligation at that time you could be reported upon entry by CBSA, which will lead to your PR status being revoked. You can still enter Canada to appeal, but may soon need to leave if/when your status is revoked. Unless you have some compelling H&C reasons to not meet RO, odds are an appeal would fail.

If you can enter Canada without being reported, you would need to then stay 2 straight years without leaving even once, in order to come back into compliance with RO and eventually renew your PR card.

To guarantee you can keep your PR status, you can't stay outside Canada more than 3 years in a 5 year span.

Thank you very much for your reply. I have one follow up question....So at the port of entry do they check the residency obligation even though the pr card is not expired ?

Thank you

 

[HamiltonApplicant]

Thank you very much for your reply. I have one follow up question....So at the port of entry do they check the residency obligation even though the pr card is not expired ?

Thank you

Every time you enter Canada as a PR, the CBSA checks your RO. If you try to enter Canada in July 2018, CBSA will let you in, but will alert CIC.

 

[Rob_TO]

Thank you very much for your reply. I have one follow up question....So at the port of entry do they check the residency obligation even though the pr card is not expired ?

Thank you

Sometimes they do, and sometimes they don't. It really depends on the individual CBSA officer you happen to encounter.

 

[newimm]

Thats good information to know. Thank you all for the answers.

 

[Leon]

Thats good information to know. Thank you all for the answers.

Basically, when you enter Canada and the immigration officer believes that you might not meet the RO (residency obligation), they can report you to CIC, regardless of how long your PR card is still valid. You can appeal this if you believe it to be wrong but there is not much point if you really don't meet the RO and your only reason for not moving earlier was that you were taking your time looking for a job.

If you get in without getting reported (you would know if you were reported because they have to give you documents and tell you how to appeal), you should not leave Canada or try to renew your PR card until you meet the RO, even if that means letting your PR card expire.

 

[ON332982]

QUERY
hi

Myself, wife and one child got landing in mar 2013 stayed in Canada for few days and returned back. our PR card expires 2018 june. due to health issues my second child born outside Canada. after my second child( now 3years old) I came to know that its very difficult to add second baby on PR , I have to go to Canada alone and apply for child's PR and it may take two years to get PR for child.

I did not finish 2 years in Canada and I have second child born outside Canada.

is there any chance I can come to Canada with my family. can I file H&C application from outside Canada through a lawer

where I can contact to the immigration office
1) immigration office London where I submitted my application
2) in Canada ( please give address if possible)
3)local Canadian embassy

please reply