Pardon me if my note here is not relevant. I have 14 days left on my PR to meet the obligation and my PR card is valid until My 2023. Unfortunately, my wife suffered a miscarriage in my home country 2 weeks ago when she was in her 3rd month and she is devastated. On hearing this news, my mum in law suffered a heart issue and was admitted in the ICU for a day. With all this, I plan to travel home fo 30 days including approval from my Canadian employer to work from my home country for 2 weeks. Will I have a problem to re-enter Canada when I return back. When will I be serve the removal notice. I moved into my new apartment 5 days ago and have a contract for 12 months. My Canadian job is there for sure and while I am in my home country, I will keep getting my salary. I will not meet my PR obligation but have to be with my wife for this short period to beget her out of the mental struggle she’s facing after the miscarriage. Will this be considered to be humanitarian and compassionate grounds. Please devise since I fly in 6 days to my home country.
There are no guarantees about how it will go when you return to Canada and are not in compliance with the PR Residency Obligation.
The odds are probably good it will go OK if you are returning to Canada after a short absence (month or less) and traveling with a valid PR card. (Super-important to not lose the PR card, so you can return to Canada without having to apply for a PR Travel Document.)
But there are many factors which can influence how this goes. How long you have actually been in Canada now, and the indications you are settling here to stay, can have a big influence. Obviously your family is not here, so this might not help you much. So, again, there is no guarantee.
It is also not clear just what your current factual situation is. If you became a PR in 2018, a big factor, perhaps the biggest factor, is how many days more than 1095 you have been outside Canada since the day you landed . . . as of the day you arrive back here.
I say this, and I am hoping I am not confusing you, because if you became a PR in 2018, and as of today you are 14 days short of meeting the Residency Obligation, if you leave Canada that number will increase. It will increase by the number of days you are abroad during this trip. If that seems confusing or you do not understand this, it might help to be more precise about the number of days you have been in Canada and the specific date you landed and became a PR.
To answer the question about whether the circumstances you describe will be considered "
humanitarian and compassionate grounds," yes they will be "
considered," but that does mean they will be for sure sufficient to get H&C relief for a breach of the Residency Obligation. Again, assuming you just became a PR in 2018, and are either 14 days short or say 44 days short (if the trip is for 30 days), and you have been living in Canada this past year, and you are traveling with a valid PR card, the best we can say is that the odds are good you will not be challenged about RO compliance when you return, and even if challenged, yes your reasons should help get waived through anyway.
And, just to be sure you are aware, even if you did get Reported when you return, you still get to enter Canada, go to your job, make an appeal, and probably have a decent chance to keep your PR status. (Again, assuming you landed and became a PR in 2018 and have been in Canada most of this last year.)
I hope your wife and her mother are OK and get well.
