Yes, I'm in the first 5 years of having PR, so if I moved today, it would add up to 730 before the card expiration. But in the next year or so I'll be at the 2 years left mark. Does that make sense?
Ah, yes, that makes sense and is completely clear now.
They let me pass but I'm anticipating one day the dreaded 44(1) report that others speak of happening to me. If I continue to not fulfill my obligation and continue to go to Canada only for brief work and travel. (I'm going about every summer for the whole 2 months as I am a teacher, and I sometimes teach in summer programs there).
At a certain point you are likely to get reported if you cross the border frequently and don’t meet RO.
Well, it can't happen for the next year or so. It's only once a person is below 730 days that there is a risk of a report. So there's some time before you (the OP) have to worry about this.
I have a Nexus pass and sometimes I only show that, but it's in my file that I'm a Canada PR. Would showing only my US passport and making no mention of my PR make a difference? I can't believe the border wouldn't connect the dots.
I don't have a Nexus pass but as a PR I've been able to use my US passport to get into Canada w/o any trouble. The details are linked, and as per
https://www.canada.ca/en/immigratio...ervices/canadian-passports/passport-tips.html the passport details need to be updated for a Nexus card to remain valid. So... they can probably look up the passport from the Nexus pass/card, and then look up the PR from the passport.
Thus I fully expect that they can connect the dots and using Nexus alone would make no difference.
Yes, that would be my plan to sponsor him once I'm there permanently...
If you are not compliant with your RO that creates potential issues sponsoring him.
In fact I'd be concerned attempting to raise a sponsorship application with IRCC for the child while not compliant with RO would cause IRCC to investigate and eventually attempt to revoke the PR.
Meaning that in the best case scenario, playing it safe means either living away from the child for two years while working towards RO compliance or else having the child enter as a visitor to Canada with all that entails.
But your point about 6 months for US citizens doesn't really apply, because if I could get in to the border without a report, I'd technically still have my status as a PR (and I wouldn't be consider a visitor). Right?
Your child is the one who would enter as a visitor.
Yes, exactly. It doesn't apply to you (the OP) but to your child, and sponsorship while not complying with RO is also troublesome.
You mentioned that a difficult childbirth was a reason to not move initially. This is a bit ironic as if you had moved before giving birth then the child would be born in Canada as a Canadian citizen (as well as a US citizen born overseas incidentally I'm presuming), so the concerns about sponsorship wouldn't have been an issue.
Furthermore, although it's currently closed, there's a program to allow adult children to sponsor their parents for PR in Canada,
https://www.canada.ca/en/immigratio...sponsorship/sponsor-parents-grandparents.html - so having a Canadian citizen child might have given you a way to get your PR back eventually if you ended up losing it at some point.
I just don't know if that will be in 2 years or in 15 years when I'd be able to do that. Especially with my frequent travel and work there. Would love to get lucky during all of those crossings, sigh.
This is the worst case combination, you're not able to move back but frequently crossing the border. Odds are against you as you'd only have to get unlucky once to lose PR.
How far do you live from the border, and if it's too far to drive on a daily basis would relocating closer be an option? As per
https://stepstojustice.ca/glossary/residency-obligation/ part of a day spent in Canada counts as a day in Canada for RO purposes, so if (for the days you aren't actually working in Canada but living in the US) you were still able to drive into Canada everyday for the next two years (or even just walk across and through the port of entry if you are close enough), then you'd actually be able to meet your RO.
In fact, if you're able to pull that off for three years instead of two (over 1095 days), you'd not only meet RO but might be eligible to apply for citizenship.
But there's something about this I didn't understand. You have PR and are frequently traveling to Canada for work, but you can't actually move for maybe 15 years? 2 to 15 is a large range, I'm at a loss to understand why it's potentially that long.
In fact, I didn't get why you can't move within the next year. It makes sense that you needed to give your kid some time to settle down but I'm guessing that kid will be a talkative toddler next year - a good age for such a move - and a year is plenty of time to wrap up whatever other small lose ends you might have.
