Entry to Canada with valid PR but with less than 730 days left

[rafy]

Hello,

I would really appreciate the help. I have read similar posts before but I do not think I have seen a clear answer to my situation.

My wife and I landed in Canada and then left on June 14, 2015. We never went back since then. My wife is pregnant now and we are planning to go and deliver the baby there in October 2017 and afterwards come back to where we live now sometime around December 2017.

I understand that in order to be safe and make sure we maintain our ability to fulfill the 730 days requirement, we need to enter Canada on or before June 14, 2018 and stay there without leaving Canada for two years before we submit our renewal application (or else we take the risk upon re-entering).

My questions are:
1) For our upcoming trip now, when asked how long have we been out, and we say 2 years and 4 months, and given that we are still within the safe zone whereby we did not spend more than 3 years abroad, does the officer have the right to flag us?
2) We landed in June 2015 but we got the PR card in September of 2015. If we are flagged this coming October, and we never go back to Canada up until the very last month of our PR card's validity i.e. September 2015 (and hence, we would have already lost our PR status but the PR card is still valid), can we still rightfully enter and stay in Canada for at least 2 consecutive years? Or might there be a risk that we would not be allowed to enter and asked to leave on the spot? Or is there a risk that we are allowed to enter but we are not allowed to stay for 2 years and asked to leave?

Much appreciate the help!

 

[Buletruck]

Until IRCC formally revokes your status as a PR, you will have the right to enter Canada regardless of the PR card date or your date of landing. However, if you are reported for RO at entry, your time spent in Canada will not count towards your renewal until your status is determined by IRCC, assuming you appeal. Your child's citizenship will not guarantee your status.
Be aware that you will not have health care coverage for the birth and will be required to pay all costs (based on your plan to leave again in december 2017).

 

[scylla]

Good advice above. Make sure you have at least $10K to cover the birth (although it may cost less). If there are any complications - the cost of the birth could be far above $10K. Agreed that you will not be covered by the health care system and will have to cover all costs on your own.

 

[rish888]

To add some more information to what has already been given,

Until a time when you formally renounce your PR status, or you loose an appeal before the IAD, you are a PR, regardless of whether or not you have a valid PR card. Once at a Canada POE there is no "not being let in."

Note that if you return on June 14, you will not be able to leave for 730 days under any circumstances without putting your status at risk. (If you have family abroad, work that requires you to travel etc it may cause significant inconvenience for you.

In relation to your question on what would happen if you go between the June 14 to September period, to answer in your own words, it's not so much as being allowed to enter and stay for 2 years, rather it is being allowed to enter but asked to leave.

To elaborate, While you will be let in if you enter in after June 14 but before your PR card expires (or even after your PR card expires for that matter assuming you can make it to a U.S.-Canada land border crossing) you will very likely be issued a Departure Order at the POE. This results in you needing to exit Canada within 30 days of being issued a Departure Order. Once the Departure Order comes into force (you leave Canada and verify your departure with Immigration authorities) you cease to be a Permanent Resident of Canada.

Unless you appeal the Departure Order to the IAD, your PR status, as well as any chance to appeal, is lost forever after that 30 day period.

It is best you go while you still have 730 days left on your RO clock, because being in possession of a valid PR card does not offer up any sort of immunity or protection from your residency obligation, and once reported you only recourse is an appeal to the IAD, where success is hard to come by.

 

[rafy]

Thank you very much for all replies. I think I have a clear idea now. One more question remains though:

If I enter Canada on the very last month of my PR card's validity and I am issued a departure order at the POE, I understand I have 30 days to appeal it. How long is a decision on an appeal made (usually)? Is it safe to assume to that it will take at least xx days and no more than xx days?

 

[skhzskhz]

Dear experts,

I landed in Canada on 26 December 2014 and stayed there for 2 weeks with my family, there after my wife and kids moved to Canada in July 2015 and since then are staying there. I, meanwhile carried on with my work in Qatar and fly once every 4 month for 2 weeks to Canada. I am planning to leave my current job on 31 December 2017 and move to Canada for good. Kindly advise whether I can extend my stay for a month or two beyond December 2017???. I have till date (between December 2014 -till date ) spend around 87 days in Canada (since my first entry). Can i count these 87 days minus 730 days as my legal stay days or I need to complete 730 days in whole??? I am a primary sponsor/applicant in my family. Can my family apply for citizenship after completion of their 3 years or do they have to wait for me to complete my 730 days and only after that will be eligible. Kindly advise..

 

[Buletruck]

Seems it can take a few months to several years, depending on the circumstance. During that time it's strongly recommended to stay in Canada. The time in Canada won't be counted for residency until the appeal is decided.

http://www.canadavisa.com/canada-immigration-discussion-board/threads/pr-appealing-decision-failure-to-meet-ro-obligation.469097/

 

[rish888]

Just to clarify, if you are issued a Departure Order and appeal, then the order is stayed until the disposition of your appeal. However, unless the reason for your stay outside Canada was beyond your control, a successful appeal is unlikely.

Seems like you're willing to go through an awful lot of trouble for a couple of extra of months outside Canada.

My 2 cents: Get back while you still can.

 

[rish888]

Dear experts,

I landed in Canada on 26 December 2014 and stayed there for 2 weeks with my family, there after my wife and kids moved to Canada in July 2015 and since then are staying there. I, meanwhile carried on with my work in Qatar and fly once every 4 month for 2 weeks to Canada. I am planning to leave my current job on 31 December 2017 and move to Canada for good. Kindly advise whether I can extend my stay for a month or two beyond December 2017???. I have till date (between December 2014 -till date ) spend around 87 days in Canada (since my first entry). Can i count these 87 days minus 730 days as my legal stay days or I need to complete 730 days in whole??? I am a primary sponsor/applicant in my family. Can my family apply for citizenship after completion of their 3 years or do they have to wait for me to complete my 730 days and only after that will be eligible. Kindly advise..

Your family's PR status is not linked to yours in any way whatsoever. Once they have 3 years in Canada (used to be 4, but will now back to 3 soon) they can apply for citizenship.

As to your PR status, you best get back while you still have 730 days left. While the 87 days are counted towards your RO, keep those 87 days you already spent as a sort of grace, which will allow you to exit Canada in case of an emergency without putting your PR status in jeopardy. Based on the dates you gave, it is best to be in Canada on or before Christmas Day 2017. (This will give you almost 3 months of allowance to leave Canada over the next 2 years, which may come in handy.)

 

[skhzskhz]

Your family's PR status is not linked to yours in any way whatsoever. Once they have 3 years in Canada (used to be 4, but will now back to 3 soon) they can apply for citizenship.

As to your PR status, you best get back while you still have 730 days left. While the 87 days are counted towards your RO, keep those 87 days you already spent as a sort of grace, which will allow you to exit Canada in case of an emergency without putting your PR status in jeopardy. Based on the dates you gave, it is best to be in Canada on or before Christmas Day 2017. (This will give you almost 3 months of allowance to leave Canada over the next 2 years, which may come in handy.)

Thank you Rish.
Your response was greatly appreciated.