Just came back to Canada - Not meeting residency obligation?????

[preet9192]

hello, Hope any one can help me out.
So previously I was outside Canada, stuck due to the travel ban of direct flights from India to Canada.
So finally entered Canada via third country, with my husband (PR holder) & 4 yr daughter ( Canadian Citizen)
As I am not meeting residency obligation, as of today I am 80 days short of Total 730 days & that is because I was not able to travel due to travel ban & moreover me & my husband was not fully vaccinated till the time before we travelled. After our vaccination we made our mind to go via 3rd country, but seriously that was so expensive & it consist of lots of risk. which I think is not safe while travelling with kids.
So when I entered Toronto airport, I was asked about my residency obligation, which of course I told them the actual truth, that we were stuck due to travel ban, but I don't know what the officer was thinking? he asked me why I was out for so long??? so I told him that there were some family issues back in India, as we have to support my in laws in this pandemic & moreover we were not feeling safe to travel in covid with our 4 yr old little daughter. So after sometime he said you can go & you can apply for renewal of your pr card but also said that totally depends on the IRCC that will they approve your application or not.

So my question is :
what would happen if I now wait till I am back in compliance with my days & then apply for PR renewal
or I should file the application of PR renewal ASAP explaining why I was not able to meet RO???
what are the chances??????
Thanks if anyone can answer.

 

[scylla]

hello, Hope any one can help me out.
So previously I was outside Canada, stuck due to the travel ban of direct flights from India to Canada.
So finally entered Canada via third country, with my husband (PR holder) & 4 yr daughter ( Canadian Citizen)
As I am not meeting residency obligation, as of today I am 80 days short of Total 730 days & that is because I was not able to travel due to travel ban & moreover me & my husband was not fully vaccinated till the time before we travelled. After our vaccination we made our mind to go via 3rd country, but seriously that was so expensive & it consist of lots of risk. which I think is not safe while travelling with kids.
So when I entered Toronto airport, I was asked about my residency obligation, which of course I told them the actual truth, that we were stuck due to travel ban, but I don't know what the officer was thinking? he asked me why I was out for so long??? so I told him that there were some family issues back in India, as we have to support my in laws in this pandemic & moreover we were not feeling safe to travel in covid with our 4 yr old little daughter. So after sometime he said you can go & you can apply for renewal of your pr card but also said that totally depends on the IRCC that will they approve your application or not.

So my question is :
what would happen if I now wait till I am back in compliance with my days & then apply for PR renewal
or I should file the application of PR renewal ASAP explaining why I was not able to meet RO???
what are the chances??????
Thanks if anyone can answer.

The very best option is to wait until you have 730 days of residency in Canada in the last 5 years before you apply to renew your PR card.

If you apply now, there's a risk of refusal and a risk that you might lose your PR status.

 

[preet9192]

The very best option is to wait until you have 730 days of residency in Canada in the last 5 years before you apply to renew your PR card.

If you apply now, there's a risk of refusal and a risk that you might lose your PR status.

Thanks for the info.
But my concern is, did the Border service officer who questioned me has filed any report on my status or anything else?????
I am not sure about what he did or not.
So even if he has reported, then is it okay to wait till I get back in compliance????? And when I apply after a year or 2 after meeting RO, is there gonna be any issue like why u don't apply before when your card got expired??????
I mean is it safe to wait.
Its confusing & really complicated for me!!!!!!
Thanks again if you can clear it.

 

[armoured]

Thanks for the info.
But my concern is, did the Border service officer who questioned me has filed any report on my status or anything else?????
I am not sure about what he did or not.
So even if he has reported, then is it okay to wait till I get back in compliance????? And when I apply after a year or 2 after meeting RO, is there gonna be any issue like why u don't apply before when your card got expired??????
I mean is it safe to wait.
Its confusing & really complicated for me!!!!!!
Thanks again if you can clear it.

It is safe to wait. It is very unlikely the border officer filed any sort of report without telling you. (He likely did make a note to file but that does not mean some kind of problematic official report).

When you apply after you're in compliance, you should not have any trouble.

 

[preet9192]

It is safe to wait. It is very unlikely the border officer filed any sort of report without telling you. (He likely did make a note to file but that does not mean some kind of problematic official report).

When you apply after you're in compliance, you should not have any trouble.

Thanks again.
Yes.The officer in the end just told me that you can apply for PR renewal card but it totally depends on immigration whether they will approve or not???? Thats all he said to me. After that we just went outside.
So what kind of other issues I can face with expired PR card while waiting to get back in compliance?????

 

[armoured]

Thanks again.
Yes.The officer in the end just told me that you can apply for PR renewal card but it totally depends on immigration whether they will approve or not???? Thats all he said to me. After that we just went outside.
So what kind of other issues I can face with expired PR card while waiting to get back in compliance?????

I'd ignore his point about applying for a card and just wait before applying.

Other issues: best not to travel until you are back in compliance. In some very specific circumstances, like if you don't have but need to apply for health care, they might require a valid card.

Other than those things, you are in Canada legally, you can live and work and go about your business.

 

[preet9192]

I'd ignore his point about applying for a card and just wait before applying.

Other issues: best not to travel until you are back in compliance. In some very specific circumstances, like if you don't have but need to apply for health care, they might require a valid card.

Other than those things, you are in Canada legally, you can live and work and go about your business.

My other issue is that my health card has expired since January 2021.
so we just arrived in Canada on 29th July.
So today is Long weekend & I am gonna go tomorrow to get it renewed.
Hopefully they renew it as I have just arrived in Canada.
Rest I don't know.
Rest if I have to apply for jobs, do they also need valid PR cards or I will be fine without it???????

 

[armoured]

My other issue is that my health card has expired since January 2021.
so we just arrived in Canada on 29th July.
So today is Long weekend & I am gonna go tomorrow to get it renewed.
Hopefully they renew it as I have just arrived in Canada.
Rest I don't know.
Rest if I have to apply for jobs, do they also need valid PR cards or I will be fine without it???????

I don't know about health care, also depends on province. That may be an issue and you may need to get insurance if you can't sign up for the provincial plan.

Jobs: you are a resident. The PR card is not your status. Being out of compliance with the RO, and not having a valid PR card right now, has nothing to do with your ability to work. As far as I'm aware, employers should not ask for it, only your SIN.

 

[canuck78]

My other issue is that my health card has expired since January 2021.
so we just arrived in Canada on 29th July.
So today is Long weekend & I am gonna go tomorrow to get it renewed.
Hopefully they renew it as I have just arrived in Canada.
Rest I don't know.
Rest if I have to apply for jobs, do they also need valid PR cards or I will be fine without it???????

The big issue tends to be healthcare. When was the last time you lived in Canada? The CBSA agent likely noted that you had been warned about your non compliance with your RO so if you attempt to reenter again it will be known that you were warned and there may be more serious side effects like being reported. CBSA was forgiving and let you in while not reporting you but the CBSA agent told you that if you attempt to renew your PR card without being compliant they may not be that nice and you may be told you will lose your PR and will need to try to retain your PR via appeal. As others have said you should wait until the whole family has met the 730 days in 5 years before renewing your PR card or leaving Canada. If your health card is not renewed you’ll need to wait until after you get a valid PR card and pay for private insurance.

 

[canuck78]

I see you have been applying for citizenship. Are you aware that one of the requirement is that you meet your RO for PR. You aren’t eligible to apply for citizenship if you are currently out of status.

Are you aware that the 5 years for RO start on the landing date if is your first 5 years. The expiry date on your PR card is not the end of the 5 year period. If it has been over 5 years it is 730 days in the past 5 years.

 

[armoured]

I don't know about health care, also depends on province.

As noted, healthcare really does tend to be the most significant issue - but again, it does very much depend on province, some provinces will (apparently) accept somewhat-recently expired PR cards, for example.

 

[preet9192]

I see you have been applying for citizenship. Are you aware that one of the requirement is that you meet your RO for PR. You aren’t eligible to apply for citizenship if you are currently out of status.

Are you aware that the 5 years for RO start on the landing date if is your first 5 years. The expiry date on your PR card is not the end of the 5 year period. If it has been over 5 years it is 730 days in the past 5 years.

I am not applying for citizenship right now. I don't know why u said that in the first line.
So if I wait to get in-compliance first & then renew my PR card after a year or 2 when finally meeting RO, then it won't be any issue.
Rest about my health card. I can check with my province health department.

 

[armoured]

I am not applying for citizenship right now. I don't know why u said that in the first line.
So if I wait to get in-compliance first & then renew my PR card after a year or 2 when finally meeting RO, then it won't be any issue.
Rest about my health card. I can check with my province health department.

You've been posting about citizenship tests, but that may be about your spouse.

https://www.canadavisa.com/canada-immigration-discussion-board/threads/citizenship-test-invitation.739118/

 

[preet9192]

You've been posting about citizenship tests, but that may be about your spouse.

https://www.canadavisa.com/canada-immigration-discussion-board/threads/citizenship-test-invitation.739118/

yes. sorry about the confusion.

 

[Rasha]

I am not applying for citizenship right now. I don't know why u said that in the first line.
So if I wait to get in-compliance first & then renew my PR card after a year or 2 when finally meeting RO, then it won't be any issue.
Rest about my health card. I can check with my province health department.

Preet,

I was in your exact position. I opted to get a lawyer and applied under H & C considerations to renew my PR card. We had solid grounds. Covid hit and has delayed everything. We involved MP for PR Card info and MLA for healthcare. We have been back in compliance for over a year, and we still don’t have our cards. My advice to you - sit out the two years and don’t travel (I’d you can avoid it) and don’t apply for your card until you are back in Compliance plus a few weeks. For sure CBSA have made notes in their files. But you weren’t issued a removal order or anything of the sort, but travelling during these two years will make it difficult to come back into Canada, given your history. I say this also from experience- I spent almost an hour debating my work-required 4-day trip to the US, at the land border when I came back home, and at that time they could see my application was submitted and being processed.
There are a lot of hands at play when renewing your card. They check the border exits, CRA for filings etc… and they may still question the time you were away, but if you are in compliance when you apply, that part of the screening should be straight forward and you may not have any scrutiny.
Not sure what Province you are in, but I think expired cards up to a few years are accepted. When did your card expire?

Also, if you wish to speak off book you can PM me with any questions.