Landing in Canada with less than 24 months remaining on PR Card Validity

[Rogue.2016one]

I received my COPR in October 2019 and did a soft landing in November 2019 and returned back to my home country after 2 weeks with the intention of returning to Canada in March 2020 permanently. But COVID and then later family responsibilities made me stay back in my home country till now. I was planning to land in Toronto in 2nd week of January 2023, but I'm not sure whether I'll be allowed entry into Canada, considering there are less than 2 years left for my PR validity and also I'll not be able to complete the residency obligation.

Please can someone help me understand what my chances are of getting into Toronto and also if there is any process which I can initiate before landing in Toronto to avoid being deported by the border agents.

Appreciate any help received on this

 

[steaky]

I received my COPR in October 2019 and did a soft landing in November 2019 and returned back to my home country after 2 weeks with the intention of returning to Canada in March 2020 permanently. But COVID and then later family responsibilities made me stay back in my home country till now. I was planning to land in Toronto in 2nd week of January 2023, but I'm not sure whether I'll be allowed entry into Canada, considering there are less than 2 years left for my PR validity and also I'll not be able to complete the residency obligation.

Please can someone help me understand what my chances are of getting into Toronto and also if there is any process which I can initiate before landing in Toronto to avoid being deported by the border agents.

Appreciate any help received on this

You will just have to take your chances.

 

[armoured]

Please can someone help me understand what my chances are of getting into Toronto and also if there is any process which I can initiate before landing in Toronto to avoid being deported by the border agents.

You WILL be admitted to Canada. No question.

The only question is whether you will be waved through with nothign more than a warning, or 'reported' for non-compliance (and admitted / allowed to remain while you appeal the report, a process which will take at minimum months).

If/before they report you, they will/must ask you what reasons you have / why you are out of compliance. Include any reasons you can think of. Given that your entire period away included the covid pandemic, make sure to at least mention covid (travel reasons, fear of getting infected, economic concerns, etc). Answers don't have to be romantic novels - answer relatively briefly and factually and then answer follow-on questions (if any).

If they do report you (in fact even if they don't), make careful note afterwards of everythign that was said, it may come in handy during appeal. (Also why I say mention covid - covid is a reason, even if everyone will have different opinions about how good a reason, and you will want to raise the issue, and you can use on appeal later ).

Anecdotally, there do not seem to be all that many cases brought up here on the board (an incomplete measure of course) of those being reported in roughly-similar circumstances lately - clearly covid is at least in part being accepted as a reason, at least a partial one. That will decline over time. We cannot say whether that will still be the case in January
, February, August or December next year - at some point the claim of covid delays will no longer be considered credible, that's all, or only a small factor.

If you're waved through, keep in mind that the leniency exercised by the border officer this time does not apply to future entries - means you should minimize travel abroad until you are back in compliance.

Good luck, let others know how it goes.

 

[furrukhrao]

I received my COPR in October 2019 and did a soft landing in November 2019 and returned back to my home country after 2 weeks with the intention of returning to Canada in March 2020 permanently. But COVID and then later family responsibilities made me stay back in my home country till now. I was planning to land in Toronto in 2nd week of January 2023, but I'm not sure whether I'll be allowed entry into Canada, considering there are less than 2 years left for my PR validity and also I'll not be able to complete the residency obligation.

Please can someone help me understand what my chances are of getting into Toronto and also if there is any process which I can initiate before landing in Toronto to avoid being deported by the border agents.

Appreciate any help received on this

You will be fine but remember one thing if you exited Canada with a solid reason you might refused entry ( Unlikely). I would recommend you to come and settle until you renew your PR card once you renewed the Card everything will be clear.

 

[Ponga]

You will be fine but remember one thing if you exited Canada with a solid reason you might refused entry ( Unlikely). I would recommend you to come and settle until you renew your PR card once you renewed the Card everything will be clear.

A PR (even those that have not met the R.O. for many, many years) will not be denied entry. As mentioned in post #3, what happens after that is solely up to the CBSA officer and ranges from `nothing' to issuing a 44(1) report.

If a PR is `deported', it's not before a hearing is conducted to officially revoke the PR status and is not done by CBSA. In an extreme case, a person could be issued the 44(1) report on the spot and a second officer (acting as a Minister's Delegate) reviews and agrees with the report. That could result in a Removal Order but will still allow the PR to enter Canada pending an appeal.

 

[furrukhrao]

A PR (even those that have not met the R.O. for many, many years) will not be denied entry. As mentioned in post #3, what happens after that is solely up to the CBSA officer and ranges from `nothing' to issuing a 44(1) report.

If a PR is `deported', it's not before a hearing is conducted to officially revoke the PR status and is not done by CBSA. In an extreme case, a person could be issued the 44(1) report on the spot and a second officer (acting as a Minister's Delegate) reviews and agrees with the report. That could resulted in a Removal Order but will still allow the PR to enter Canada pending an appeal.

You are right according to the Law but one of my friend entered after 3.5 years of his/her Landing later he settled and renewed his PR card after completion of 730 Days. They went outside Canada and come back with no Issues they are in the process of Citizenship.

 

[Ponga]

You are right according to the Law but one of my friend entered after 3.5 years of his/her Landing later he settled and renewed his PR card after completion of 730 Days. They went outside Canada and come back with no Issues they are in the process of Citizenship.

Which is exactly why I stated that the range is from 'nothing' happening, to something very bad happening. The PR is always at the mercy of whatever the CBSA decides to do if the officer knows or even suspects regarding PR R.O. being met.

 

[furrukhrao]

Which is exactly why I stated that the range is from 'nothing' happening, to something very bad happening. The PR is always at the mercy of whatever the CBSA decides to do if the officer knows or even suspects regarding PR R.O. being met.

Most of the families never face such Issues it always happen with a single men with almost no ties to Canada.

 

[canuck78]

I received my COPR in October 2019 and did a soft landing in November 2019 and returned back to my home country after 2 weeks with the intention of returning to Canada in March 2020 permanently. But COVID and then later family responsibilities made me stay back in my home country till now. I was planning to land in Toronto in 2nd week of January 2023, but I'm not sure whether I'll be allowed entry into Canada, considering there are less than 2 years left for my PR validity and also I'll not be able to complete the residency obligation.

Please can someone help me understand what my chances are of getting into Toronto and also if there is any process which I can initiate before landing in Toronto to avoid being deported by the border agents.

Appreciate any help received on this

You will be admitted as already indicated. If not reported you should plan on remaining in Canada for 2 years without leaving. If you have gotten married or had children during your time outside of Canada that will be an issue because you should be compliant with your RO to sponsor your family. Travel has returned to normal for quite some time so proof of other reasons you could not meet your RO in addition to Covid would be advisable if you have it.