just making it in time

[aashay12]

hello forum,

i entered canada on 13th november 2014 and left after 2 weeks
i reentered canada in June 2016 for 5 days.
I have to return back by November 12th,which i am going to.
So do you think i would have a problem entering by the end of october this year.
Also my spouse could not meet her RO but has a valid PR till 2019.
Will she be allowed in Canada (i dont mind if she is reported and will have to go to court)
But its important, she enters Canada.

Thanks

 

[dpenabill]

hello forum,

i entered canada on 13th november 2014 and left after 2 weeks
i reentered canada in June 2016 for 5 days.
I have to return back by November 12th,which i am going to.
So do you think i would have a problem entering by the end of october this year.
Also my spouse could not meet her RO but has a valid PR till 2019.
Will she be allowed in Canada (i dont mind if she is reported and will have to go to court)
But its important, she enters Canada.

Thanks

A PR who arrives at a Canadian PoE, to enter Canada, before the third anniversary of the date the PR landed, is obviously still in compliance with the PR Residency Obligation, since there are at least 730 days left in which such a PR can still meet the PR RO by the fifth anniversary of the date the PR landed.

Cutting-it-close can be risky. But in this scenario no calculation is necessary, no proof of how many days already spent in Canada is at stake, it is clear the PR is still in compliance.

That said, by cutting-it-close the PR might be inviting the border officers to take note and admonish the PR about compliance with the PR RO, and this can possibly result in a note or flag in the PR's FOSS records which can trigger a more stringent examination during a future PoE event or attendant processing of a PR card application. Cutting-it-close like this will mean, for example, that the PR must remain in Canada full time (or almost full time) for two years just to be in compliance going forward.

Regarding spouse: as long as a PR can reach a Canadian PoE, even if in breach of the PR RO and reported for this, the PR is statutorily entitled to enter Canada. Possession of a valid PR card gets the PR aboard a flight to Canada. If reported, a Departure Order will likely be promptly issued (while still clearing the PoE) but again, the PR will then be allowed to enter Canada. PR must then appeal and win the appeal in order to keep PR status. And even if the spouse loses PR status, the spouse can be sponsored for PR again by an eligible sponsoring spouse.