How is the first five years of your PR counted for fulfilling minimum stay of 2 years ?
I landed on 10th oct 2016 , so is it from 10th oct 2016 to 10th oct 2021 ?
Given the October 2016 date of landing, if you return to Canada this year, UNLESS you were last in Canada more than three years ago, odds are very GOOD there will be NO problem at the PoE when you arrive.
Yes, there are scores of reports by PRs who have been waived into Canada despite being in breach of the RO. And this is also referenced in numerous actual cases as officially reported in IAD decisions, where in some cases it is noted that the PR had come and gone from Canada on previous occasions when already short of compliance and was actually admonished or at least advised of the need to be in compliance with the RO, in effect deliberately given an opportunity to stay in Canada without being reported, an opportunity to keep PR status (an opportunity those PRs did not take, and thus were reported eventually, some the next time, some not until the third or even fourth time).
HOWEVER . . . obviously, and this is true for all PRs (with exceptions for those entitled to credit for time abroad, like those accompanying a citizen spouse),
if a PR has been outside Canada for three years and a day (more than 1095 days, give or take a day for leap years), that is, it has been more then 3 years
since the last time the PR was IN Canada, the PR is IN BREACH . . . no arithmetic necessary (just counting days on the calendar). An absence for more than 1095 days NECESSARILY, on its face, is a breach. No matter when the PR landed. (Obviously, new PRs cannot possibly have been absent for three years until, at the very soonest, until some time after the third year anniversary of the day of landing.)
PRs in possession of their first PR card, displaying a valid PR card upon arrival which is still valid for two more years, or even nearly two more years, will most likely be waived into Canada with no questions about RO compliance . . . or, at most, perhaps a brief exchange with an admonition about the RO. It is NOT as if CBSA or IRCC is engaged in GOTCHA games regarding enforcement of the RO. Well, unless the PR somehow triggers negativity or otherwise gives the impression of being undesirable (most common trigger: appearing to be evasive or deceptive, or otherwise appearing to be gaming the system) . . .
. . . and, again, unless it is obvious on its face that the PR is not complying with the RO.
But even if you have been abroad for three years plus a little (just a month or two, perhaps a little more), AND it is still well within the first four years since landing, there is a very good chance the PR will be allowed in without (NOT) being reported . . . with the caveat, however, that any PR in breach of the RO is, of course, at RISK for being reported upon arrival at a PoE. (Just the day before yesterday the chance of rain here was only 10%, and nonetheless it rained that day . . . what usually happens, even what usually happens most of the time by a lot, is NOT necessarily what will happen! If there is a RISK, that means there is indeed a RISK.)
Getting in without being reported is one thing (you for sure
get-in, since you are a Canadian and Canadians are entitled to enter Canada). Once in, the PR in breach of the RO must then avoid transactions which might trigger a RO compliance examination.
That is, as others have observed, unless and until you are in compliance, you will need to stay in Canada AND not make any applications to IRCC. That is, once a PR is in breach of the RO, it is best for the PR to avoid engaging in any transactions with IRCC or CBSA until the PR is back in compliance. For a PR who has been outside Canada for three years or more, that will take TWO FULL YEARS.
OVERALL: The SOONER you return, the LOWER the RISK. And, as others have also suggested, be prepared to fully and HONESTLY explain why it has taken so long to return to Canada. Do NOT worry much about what counts or does not count in this regard. Just be prepared to HONESTLY explain your situation. If you are only a little short of compliance, almost any honest explanation will be enough, subject to some RISK otherwise. (Note: this is explicitly about PRs in their first five years . . . the Canadian government is well aware that making the actual move to settle in Canada can be more difficult and take longer than many immigrants might anticipate, so new immigrants tend to be given a little more leeway, as long as it is apparent the PR is actually making the move to settle in Canada as soon as the PR can, within reason.)
