Family is meeting the RO except myself

[taffi824]

I only spent 100 days in Canada and my PR card is expiring in Nov 21 (exactly one year from now). Moved my family in July 18 and they have already completed 730 days. What are the odds for me to re enter via Pearson without being reported, if I travel in Aug-21 for permanent settlement keeping in view that my last travel was in Dec 2019 and couldn't go this year because of Covid situation. Rather my family traveled back and spent time in Pakistan for like 4-5 months.

if they ask me at POE about not completing the RO, would it make any difference if I tell them about my family already residing in Canada and by that time they would be completing their days required for citizenship.

 

[jddd]

No one can really give you the odds of being reported. If you have a valid PR card, I suppose it will be easier to be waved in. If your PR card is expired then more likely to be taken into secondary and reported.

RO is a personal obligation, your family residing in Canada does not forgive your breach of the obligation. You can try, you never know until you do and there is no harm in trying to talk to the officer. Again, what no one can say here is how the officer will decide.

If your spouse is here and is compliant with RO, there really is no problem since you can be sponsored again.

 

[armoured]

What are the odds for me to re enter via Pearson without being reported, if I travel in Aug-21 for permanent settlement keeping in view that my last travel was in Dec 2019 and couldn't go this year because of Covid situation.
...
if they ask me at POE about not completing the RO, would it make any difference if I tell them about my family already residing in Canada and by that time they would be completing their days required for citizenship.

While I mostly agree with the points from @jddd (no-one can tell you what your chances are), I'd put emphasis on one slightly different aspect - when you do arrive, will you remain in Canada and be okay with not travelling (much or ideally not at all)? You'll need to spend about two years to be in compliance, and then need to apply for a new PR card - and that may take some time as well (or be dependent on getting a PRTD).

I say this because even if you are waved through, it doesn't mean it will apply the next time you travel.

You have two key aspects that support consideration on H&C grounds - covid delay in returning (which doesn't, I think, cover the entire time you were out of compliance, but only you know), and immediate family - including minors (I assume the children are minors) - resident in Canada. (The negatives are mostly that you haven't spent much time in Canada).

That's a more credible case than some. And they must consider those factors.

Usual caveats apply, no-one knows your case except you, and returning sooner is better than returning later as well as other generalities.

 

[canuck78]

There are many people who have returned to Canada from Pakistan during the past year and you were already not compliant before covid. If your family was able to return to Canada you would have been able to. It would be much better for you to return now versus in almost a year.

 

[taffi824]

How about not traveling alone but as a family for the final move ?

 

[armoured]

How about not traveling alone but as a family for the final move ?

I don't understand your question.

 

[armoured]

How about not traveling alone but as a family for the final move ?

Okay, assuming you are asking whether or not returning with your family or alone will make a difference or not - no-one can say for sure. Perhaps it will convince the officer that you are returning to reside and decide to be lenient, perhaps not. My guess - it would likely be seen as a positive contributing factor but not necessarily sufficient. Note I'm referring only to examination at the border. (You haven't mentioned though important bits such as whether your children are minors)

But as noted, residency obligation is an individual obligation not a familial one. The officer can certainly decide to start the process of reporting you for non-compliance, etc.

Regardless, you will have an opportunity to appeal and remain in Canada, and work, while the process goes on. You also have the option (later) to renounce PR status and be sponsored anew. If you do not return before PR card expires, you would have FAR fewer options (as you'd likely have to apply for a PRTD and may not be able to return to Canada at all in the immediate).

But again, no one can actually tell you whether you'll be reported or not.

 

[canuck78]

Would add that there is likely to be significant cost of your whole family returning since I don't believe hotel quarantine is going anywhere. As a tax residents since your family relocated to Canada assume you have been paying taxes on your worldwide income even if you haven't relocated. Given covid this isn't really a time I would plan on relocating right before your PR card expires. There are so many more potential issues that could prevent travel at the last minute.