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Leaving with a two days buffer of PR obligation

armoured

VIP Member
Feb 1, 2015
17,285
8,889
Ok so to be more specific I was initially when creating this post still in compliance to RO by two days. Unfortunately I hesitated and now find myself out of RO compliance with about one week.
I was heading to canada together with a dependent child who would be arriving on an eTa allowing 6 months in the country only. Thus my plan was to ask border officers for an extension so called visitor allowance(?) in order for my child to be able to stay longer than this. That's the first risk I'm seeing, as now I'm having to inquire with border officials.
Approx one year later my spouse (also a PR out of RO compliance) would be arriving in canada to visit only. Here's the second risk.
A week out of compliance, given covid, you are quite unlikely to have a problem at the border - at all. They will be far more interested in your isolation plans. As well noted, the sooner you return the better.

The bigger problem is that both you and your spouse are out of compliance and you likely won't be able to sponsor your child until you are in compliance. You'll have to do the math to figure out when that is. That seems a much more serious issue if the intent is to keep the child with you. (If you'll be back in compliance soon, less of an issue)

(I don't know about the prolonging eta and other issues, healthcare, schooling in a case where you aren't compliant and can't sponsor - they could all be important though.)

Your spouse returning out of compliance won't affect your status (although also doesn't guarantee he won't have issues).
 
Last edited:

Besram

Hero Member
Jun 13, 2019
251
182
Amrelroby, based on your experience I guess I might be in "more" trouble. Although my job abroad is "paused", I don't have studies or a job in canada yet. Not even a proper apartment, as I would be starting out in airbnbs. I have an excuse to be caring for my child, but I would still be on parental leave from my country of origin (probably a big red flag for them?) at least for a couple of months. Eventually though I'd, I'd be looking for a job in canada.
As for human and compassionate grounds, I thought it was more a law made for appeal cases and not generated for border officers?
Either way I think in the case of an appeal that I'd have a poor outcome, based on what Ive been reading. I believe I have a decent covid-reason for not returning in time but when it comes to ties in Canada I would be a fish on dry land.. most if not all of my ties are currently in my country of origin and I might not be able to promise my move is a permanent one, either. At least not for now.

Thanks for your response!
A few observations:
  • As others have mentioned, your current non-compliance is small and likely not an issue. The sooner you move to Canada, the more likely it is that you will be let in without a formal report
  • If you are questioned about your RO compliance at the border, any objective signs that you are making a permanent move (rather than a temporary one) will likely go in your favor. I have read appeal cases where the fact that people who were stopped at the border for RO non-compliance had a return ticket (rather than a one-way ticket) indicated to officials that they had no plans to remain in Canada, despite them saying so. Needless to say, they were reported and their appeal was dismissed.
  • There is also a practical reason why you want to make the move permanent, and that is that you really don't want to roll the dice twice. If you are let in the first time with just a warning, the best advice is to remain in Canada until you are in compliance again. If you leave and then come back again, you are subjecting yourself to the same uncertainty again. It is also possible that the officer may have left a note in your file, which would trigger an automatic enquiry into your RO the next time you show up at the border. Bottom line: you have one shot at this - not two.
The situation with your child complicates things further and I don't know enough about temporary entry etc. to comment on it. I would emphasize what I said before, and that is to invest the money in a consultation with an immigration professional who knows this topic back to front.

From reading your posts, I think you yourself are uncertain if you want to make the move. The reality is you can no longer be on the fence about it. The window where you have the option to move to Canada is closing.

The other reality is that since you are now in breach of the RO, moving to Canada is risky. Nobody can give you certainty that you won't lose your PR. Unfortunately, that certainty only existed while you were still in compliance with the RO.

In summary: if Canada is important to you, get professional advice and commit to making a permanent move.
 

armoured

VIP Member
Feb 1, 2015
17,285
8,889
Ok so to be more specific I was initially when creating this post still in compliance to RO by two days. Unfortunately I hesitated and now find myself out of RO compliance with about one week.
I was heading to canada together with a dependent child who would be arriving on an eTa allowing 6 months in the country only. Thus my plan was to ask border officers for an extension so called visitor allowance(?) in order for my child to be able to stay longer than this. That's the first risk I'm seeing, as now I'm having to inquire with border officials.
To be blunt, you're overthinking this and worrying about extraneous details such as what if your such-and-such relative applies for a TRV, etc; most of those other issues are irrelevant or secondary or lower importance. You may have delayed yourself into a dead end now that you are out of compliance.

All of those other worries are nothing compared to the dependent child issue.

The plan to travel and settle with your child with you now out of compliance is the single biggest issue, and possibly insurmountable in the timeframes you are considering (if you cannot get in compliance in a reasonably short period of time) - or at least not without considerable extra hassle and expense.

But you know this: you were given specific information when you inquired a bit less than a year ago that there are two main requirements to sponsor a child:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/sponsoring-family-members.667391/page-3#post-8385938

As @scylla made clear then, the two main requirements are that you must be in and remain in Canada to sponsor, and compliant with your residency obligation.

I haven't read the details of all these previous threads, but it's clear you also knew then that your RO compliance buffer was ticking away - now it's close to a year later and your buffer is gone.
 

mira_johnson

Hero Member
Sep 30, 2015
274
10
Visa Office......
London
NOC Code......
3143
App. Filed.......
01-2017
Med's Request
Upfront
Med's Done....
12-2016
VISA ISSUED...
10-2017
LANDED..........
10-2017
Sorry, I still don't understand.

They should not apply to renew their PR card until they meet the residency requirement. Also, they cannot sponsor a family member until then. However apart from that, they can apply for everything else and go about their life just like anyone else. They are still permanent residents. Tons of people here have done this successfully. It's very common-place.

Anyway, ultimately your choice what you do. If you find all of this too uncomfortable or risky or uncertain, then it may make sense to stay where you are now and not make the move to Canada. Good luck whatever you decide to do.
The information I have been reading online indicate it's important to avoid being assessed by IRCC at all cost. In my case which is rather complicated, I might need to apply for a visitor record (extension of time allowed in canada) for my dependent child. Since my child is not old enough to apply themselves, surely I would need to put down my details, not to mention the reason they would need an extension is to be with me. Couldn't that draw attention to my profile?
Same thing, spouse is eventually arriving on his PR visa with an even worse RO breach. Again IRCC could get involved in his case so again, could it draw attention to my profile?
 

mira_johnson

Hero Member
Sep 30, 2015
274
10
Visa Office......
London
NOC Code......
3143
App. Filed.......
01-2017
Med's Request
Upfront
Med's Done....
12-2016
VISA ISSUED...
10-2017
LANDED..........
10-2017
A week out of compliance, given covid, you are quite unlikely to have a problem at the border - at all. They will be far more interested in your isolation plans. As well noted, the sooner you return the better.

The bigger problem is that both you and your spouse are out of compliance and you likely won't be able to sponsor your child until you are in compliance. You'll have to do the math to figure out when that is. That seems a much more serious issue if the intent is to keep the child with you. (If you'll be back in compliance soon, less of an issue)

(I don't know about the prolonging eta and other issues, healthcare, schooling in a case where you aren't compliant and can't sponsor - they could all be important though.)

Your spouse returning out of compliance won't affect your status (although also doesn't guarantee he won't have issues).
I actually wasn't planning on sponsoring my child straight away, so I'm not too concerned about that.
Do you mind elaborating why it won't affect my status if my spouse was to have any issues at the border due to his expiring RO? I don't know how they work with "family", do they keep these things on file? He was my accompanied family member when immigrating
 

mira_johnson

Hero Member
Sep 30, 2015
274
10
Visa Office......
London
NOC Code......
3143
App. Filed.......
01-2017
Med's Request
Upfront
Med's Done....
12-2016
VISA ISSUED...
10-2017
LANDED..........
10-2017
A few observations:
  • As others have mentioned, your current non-compliance is small and likely not an issue. The sooner you move to Canada, the more likely it is that you will be let in without a formal report
  • If you are questioned about your RO compliance at the border, any objective signs that you are making a permanent move (rather than a temporary one) will likely go in your favor. I have read appeal cases where the fact that people who were stopped at the border for RO non-compliance had a return ticket (rather than a one-way ticket) indicated to officials that they had no plans to remain in Canada, despite them saying so. Needless to say, they were reported and their appeal was dismissed.
  • There is also a practical reason why you want to make the move permanent, and that is that you really don't want to roll the dice twice. If you are let in the first time with just a warning, the best advice is to remain in Canada until you are in compliance again. If you leave and then come back again, you are subjecting yourself to the same uncertainty again. It is also possible that the officer may have left a note in your file, which would trigger an automatic enquiry into your RO the next time you show up at the border. Bottom line: you have one shot at this - not two.
The situation with your child complicates things further and I don't know enough about temporary entry etc. to comment on it. I would emphasize what I said before, and that is to invest the money in a consultation with an immigration professional who knows this topic back to front.

From reading your posts, I think you yourself are uncertain if you want to make the move. The reality is you can no longer be on the fence about it. The window where you have the option to move to Canada is closing.

The other reality is that since you are now in breach of the RO, moving to Canada is risky. Nobody can give you certainty that you won't lose your PR. Unfortunately, that certainty only existed while you were still in compliance with the RO.

In summary: if Canada is important to you, get professional advice and commit to making a permanent move.
Thanks for the practical advice. Yes, I was planning to make a "permanent" move for at least 3 years, with no return ticket. Actually, my aim would be to apply for citizenship- and it also worries me that if there are "notes" in my profile that my application might go into non-routine.
It certainly sounds like border control has the capacity to make certain decisions on H&C grounds even if noticing a RO breach, particularly during covid. But in worst case scenario, they issue a reporting order and where does this lead me in terms of personal standing with Canada? If a report is made, I doubt I am going to appeal,simply because I think my case is too weak. I have way too many ties abroad and the opposite is true for Canada. So now we have a reporting order, any idea what kind of reporting order officials would issue to a PR in breach of RO not making an appeal? I read there are about three of them (departure, ,exclusion, deportation) and they carry very different consequences. This article (https://www.cicnews.com/2017/01/number-canadian-immigrants-issued-removal-orders-more-than-doubled-between-2008-2014-018817.htm) mentions how reporting orders can have serious consequences for an individual and their families. So is the risk, although small, actually significant?

You are right, I have had and still have certain doubts about canada. Nowhere is perfect, at the end of the day. It would make alot of sense for me to get to check out Canada in person, though. But with covid-19 in the picture and an approaching canadian winter it feels like we would mostly be stuck in an apartment, unable to really get out and about. Its simply so hard to see past the "temporary inconvenience"
 

mira_johnson

Hero Member
Sep 30, 2015
274
10
Visa Office......
London
NOC Code......
3143
App. Filed.......
01-2017
Med's Request
Upfront
Med's Done....
12-2016
VISA ISSUED...
10-2017
LANDED..........
10-2017
To be blunt, you're overthinking this and worrying about extraneous details such as what if your such-and-such relative applies for a TRV, etc; most of those other issues are irrelevant or secondary or lower importance. You may have delayed yourself into a dead end now that you are out of compliance.

All of those other worries are nothing compared to the dependent child issue.

The plan to travel and settle with your child with you now out of compliance is the single biggest issue, and possibly insurmountable in the timeframes you are considering (if you cannot get in compliance in a reasonably short period of time) - or at least not without considerable extra hassle and expense.

But you know this: you were given specific information when you inquired a bit less than a year ago that there are two main requirements to sponsor a child:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/sponsoring-family-members.667391/page-3#post-8385938

As @scylla made clear then, the two main requirements are that you must be in and remain in Canada to sponsor, and compliant with your residency obligation.

I haven't read the details of all these previous threads, but it's clear you also knew then that your RO compliance buffer was ticking away - now it's close to a year later and your buffer is gone.
Sure, I knew my buffer was ticking away. I sure had my reasons, but it was always risky. I couldnt know covid-19 would hit, but I had no margin for it. I dont deny it.
However, my plan now was not to sponsor my child, YET. I would not sponsor anyone until I knew for certain that my move there is a permanent one. So the issue is not that, the issue is the points of contact surrounding my dependent child (asking border officers for an extension/so called visitor record, and if denied by them, needing to officially apply for it again via IRCC), and the fact that my spouse (who was my accompanied family member) need to arrive in Canada with a large RO breach right in the middle of when I am still working on my compliance. The only other major issue I can see is that not having status in canada means no provincial health plan, and if anything major was to happen and the medical insurance provider says "the child needs to travel home for treatment", if I shouldn't leave the country at this stage, PROBLEM. Aside from this though, the child is apparently still entitled to many things, as long as the parent is a PR, such as parental leave and daycare, etc., maybe even child tax benefits.
 

mira_johnson

Hero Member
Sep 30, 2015
274
10
Visa Office......
London
NOC Code......
3143
App. Filed.......
01-2017
Med's Request
Upfront
Med's Done....
12-2016
VISA ISSUED...
10-2017
LANDED..........
10-2017
The big question is your PR card currently valid or not?
If it is valid, I would recommend traveling to Canada as soon as possible.
If the PR is valid, the chance of you being asked any questions at the border gets reduced significantly.
If you are entering Canada with your kids/family, it means that you are coming back to settle and reduces the chance of being questioned.
In any case, with the current COVID crisis I do not think they will giving people hard time.
They will be more interested in your quarantine plan.

Here is more content with what happened to me when I was questioned.
Some confusion happened with regards to my luggage and I was told it will be forwarded to my final destination in Canada.
But I discovered in the local terminal that this not the case and I need to clear them from customs.
So I had to reenter the international terminal again and grab my luggage.
That means I have to be directed to a secondary check because I did not claim my luggage in the international arrivals (it is a big red flag).
Now, they start asking questions about what I was doing abroad and the purpose of my travel, etc to make sure that leaving my luggage was an honest mistake. When they learned I was working abroad they asked how long I was working and how long I stayed abroad.
They did not count days and they were satisfied as soon as I told I am starting a new job in Canada and showed them my job offer.
Thanks for sharing your experience. To be honest, we had a bit of an issue already at our PR landing appointment when the officer dropped their pen at our response that we still hadn't quit our jobs in our home countries. But when I let them know we were well aware of the 2 out of 5 yr requirement we were able to move forward.
Sure, my PR card is still valid, actually for another couple of years.
 

amrelroby

Star Member
Jul 13, 2012
50
43
OK. Let me clarify.
I know some cases of people entered Canada with a few days/weeks of residence just before the PR card expires sometimes with PR card expiring in a few days and still entered Canada without being reported. The important thing is they stayed for 730 and then applied for a new PR card and they got approved. So as some people here told you, you are overthinking it.

With regards to interactions with IRCC, there are only two situations where they ask about the days spend outside Canada and check for your RO compliance, renewing your PR card, and being investigated at the port of entry (which only happen in rare cases when they suspect you). In any other interaction, IRCC does not ask for your (i mean you specifically) travel record. You are a separated entity from your husband. Could it raise some flags, maybe, but they can not send a request out of the blue asking to answer questions about your residency obligation, Except in one case.

This case is sponsorship, in a regular sponsorship application, there is no form to list the travel dates and days spent outside Canada by the sponsor (you), this form is only requested from the person being sponsored (your child, if he is older than 18yr).
I think this because the application forms are for both PR and citizens and citizens are not required to list days outside Canada.
However, there are forms to list your addresses and jobs in the last five or ten years. Please note, Canadian border agency till recently did not have a record for your exit dates, only entrance dates. IRCC has to know your exact exit dates from the forms you submit and the entrance stamps on your passport from other countries.
So if you applied and it is clear you never lived in Canada any time close to two years, IRCC will send a form called a residency questionnaire, where they ask you to list all your travel dates. I am not sure what will happen if you refused to fill it. Your sponsorship application will be refused for sure. But unless you fill the form and show you were not in compliance with RO, I do not think IRCC can issue a removal order.


Thanks for sharing your experience. To be honest, we had a bit of an issue already at our PR landing appointment when the officer dropped their pen at our response that we still hadn't quit our jobs in our home countries. But when I let them know we were well aware of the 2 out of 5 yr requirement we were able to move forward.
Sure, my PR card is still valid, actually for another couple of years.
 
Last edited:

armoured

VIP Member
Feb 1, 2015
17,285
8,889
However, my plan now was not to sponsor my child, YET....
The only other major issue I can see is that not having status in canada means no provincial health plan, and if anything major was to happen and the medical insurance provider says "the child needs to travel home for treatment", if I shouldn't leave the country at this stage, PROBLEM. Aside from this though, the child is apparently still entitled to many things, as long as the parent is a PR, such as parental leave and daycare, etc., maybe even child tax benefits.
The big issue for the child (and for you until you qualify, varies by province) is health care. You should have insurance especially for the child. It is available for money. You should not rely on ability to travel to another country for urgent or important health care for the child.

I don't know enough to suggest what other issues you may face with having a child in Canada that is only a visitor, at a point where you are not able to sponsor (because not compliant).

If you are concerned about what you may face at the border when you ask for a visitor's record for the child, the simple answer may be to not apply for that at the border. You can apply for an extension or other variation later. That will then be a separate 'event' from entering and should not result in your compliance being a question.

As others have noted, as far as I'm aware, the prime - usually only - circumstances in which you are likely to be examined are at entries (border or airport), if you attempt to sponsor, or replace your PR card. Someone else visiting or your PR spouse entering is not one of those cases (again, as far as I'm aware).

We've already dealt with entering now or in the relatively near term - quite likely you will be let in with no significant issues (likelihood of this being so falls over time, i.e. the more you are out of compliance). If you subsequently stay in country, you will get compliant (eventually) and can sponsor your child.
 

mira_johnson

Hero Member
Sep 30, 2015
274
10
Visa Office......
London
NOC Code......
3143
App. Filed.......
01-2017
Med's Request
Upfront
Med's Done....
12-2016
VISA ISSUED...
10-2017
LANDED..........
10-2017
OK. Let me clarify.
I know some cases of people entered Canada with a few days/weeks of residence just before the PR card expires sometimes with PR card expiring in a few days and still entered Canada without being reported. The important thing is they stayed for 730 and then applied for a new PR card and they got approved. So as some people here told you, you are overthinking it.

With regards to interactions with IRCC, there are only two situations where they ask about the days spend outside Canada and check for your RO compliance, renewing your PR card, and being investigated at the port of entry (which only happen in rare cases when they suspect you). In any other interaction, IRCC does not ask for your (i mean you specifically) travel record. You are a separated entity from your husband. Could it raise some flags, maybe, but they can not send a request out of the blue asking to answer questions about your residency obligation, Except in one case.

This case is sponsorship, in a regular sponsorship application, there is no form to list the travel dates and days spent outside Canada by the sponsor (you), this form is only requested from the person being sponsored (your child, if he is older than 18yr).
I think this because the application forms are for both PR and citizens and citizens are not required to list days outside Canada.
However, there are forms to list your addresses and jobs in the last five or ten years. Please note, Canadian border agency till recently did not have a record for your exit dates, only entrance dates. IRCC has to know your exact exit dates from the forms you submit and the entrance stamps on your passport from other countries.
So if you applied and it is clear you never lived in Canada any time close to two years, IRCC will send a form called a residency questionnaire, where they ask you to list all your travel dates. I am not sure what will happen if you refused to fill it. Your sponsorship application will be refused for sure. But unless you fill the form and show you were not in compliance with RO, I do not think IRCC can issue a removal order.
Thanks again for sharing your experience. To me, its just hard to understand the logic when the immigration act clearly indicates a PR needs to be present in Canada (or qualify for any of the exceptions) for two out of *every* five year period but then waive that requirement or not investigate every 5 yr period and only the one immediately (at the very least in the case of a new PR who became a PR max 6 years ago, it would be so easy to just look back all that time to see if the PR complied). I found a guideline document for immigration that confirms exactly what you've all been saying that its possible to "catch" up on residency time even if the PR lived abroad for years so that's reassuring.
Of course, whether or not I understand it is irrelevant as long as that's the way things operate.

Also came across an article about the new regulations regarding keeping a record of exits. Apparently its been in place between US/Canada for a while though. But I haven't been between these countries for a while so that must mean they don't have information of my exits since I immigrated. This is good news! I don't know how closely they look in passport stamps etc, but even I can't quite picture them starting to count back as long as there's not a huge breach. Particularly not during covid.

I dont know maybe its better if my spouse renounces PR and just travels on an eTa? In the future I could sponsor instead. I asked earlier whether there are any consequences from being issued a reporting order and what kind of reporting order a PR not in RO compliance might receive (departure order seem to be the lightest?) because cic news (where this forum originates from) mentioned it could have huge consequences on both the individual and their families. Any idea?
 

mira_johnson

Hero Member
Sep 30, 2015
274
10
Visa Office......
London
NOC Code......
3143
App. Filed.......
01-2017
Med's Request
Upfront
Med's Done....
12-2016
VISA ISSUED...
10-2017
LANDED..........
10-2017
The big issue for the child (and for you until you qualify, varies by province) is health care. You should have insurance especially for the child. It is available for money. You should not rely on ability to travel to another country for urgent or important health care for the child.

I don't know enough to suggest what other issues you may face with having a child in Canada that is only a visitor, at a point where you are not able to sponsor (because not compliant).

If you are concerned about what you may face at the border when you ask for a visitor's record for the child, the simple answer may be to not apply for that at the border. You can apply for an extension or other variation later. That will then be a separate 'event' from entering and should not result in your compliance being a question.

As others have noted, as far as I'm aware, the prime - usually only - circumstances in which you are likely to be examined are at entries (border or airport), if you attempt to sponsor, or replace your PR card. Someone else visiting or your PR spouse entering is not one of those cases (again, as far as I'm aware).

We've already dealt with entering now or in the relatively near term - quite likely you will be let in with no significant issues (likelihood of this being so falls over time, i.e. the more you are out of compliance). If you subsequently stay in country, you will get compliant (eventually) and can sponsor your child.
Thanks again, I appreciate the detailed information.
I agree, healthcare is the absolute biggest obstacles for my child (also given how many small "emergencies" that can happen all the time). I guess its possible to get a second opinion by going to the pharmacy and maybe calling a healthcare line , for the rest obviously purchasing the best insurance to be found (I found that the Canadian providers could not provide us with a good coverage at all). Its still very unsettling or course, and the risk that something more serious was to happen where my child would need to travel home for treatment (insurance providers make this call), and now I shouldn't travel outside the country with the child due to the breach.

As for asking for a visitor record, I thought its better to ask CBSA at a border than to apply to IRCC where they might be more routined about RO breach? I get your point of course,but I'm not sure whats better.
 

armoured

VIP Member
Feb 1, 2015
17,285
8,889
I dont know maybe its better if my spouse renounces PR and just travels on an eTa? In the future I could sponsor instead. I asked earlier whether there are any consequences from being issued a reporting order and what kind of reporting order a PR not in RO compliance might receive (departure order seem to be the lightest?) because cic news (where this forum originates from) mentioned it could have huge consequences on both the individual and their families. Any idea?
Would suggest you worry about that after you are in Canada. There are multiple options esp if your spouse from visa waiver country.

As for asking for a visitor record, I thought its better to ask CBSA at a border than to apply to IRCC where they might be more routined about RO breach? I get your point of course,but I'm not sure whats better.
I don't know enough to say. My thinking was to avoid lengthier interaction with border officers since you are worried about RO compliance and being let in.

Once you are in country, seems extending visa for child would be easier, and you as parent in country - out of compliance but NOT residing in country illegally - would likely not be examined. But I don't know.
 

amrelroby

Star Member
Jul 13, 2012
50
43
Thanks again for sharing your experience. To me, its just hard to understand the logic when the immigration act clearly indicates a PR needs to be present in Canada (or qualify for any of the exceptions) for two out of *every* five year period but then waive that requirement or not investigate every 5 yr period and only the one immediately (at the very least in the case of a new PR who became a PR max 6 years ago, it would be so easy to just look back all that time to see if the PR complied). I found a guideline document for immigration that confirms exactly what you've all been saying that its possible to "catch" up on residency time even if the PR lived abroad for years so that's reassuring.
Of course, whether or not I understand it is irrelevant as long as that's the way things operate.

Also came across an article about the new regulations regarding keeping a record of exits. Apparently its been in place between US/Canada for a while though. But I haven't been between these countries for a while so that must mean they don't have information of my exits since I immigrated. This is good news! I don't know how closely they look in passport stamps etc, but even I can't quite picture them starting to count back as long as there's not a huge breach. Particularly not during covid.

I don't know maybe it's better if my spouse renounces PR and just travels on an eTa? In the future I could sponsor instead. I asked earlier whether there are any consequences from being issued a reporting order and what kind of reporting order a PR not in RO compliance might receive (departure order seem to be the lightest?) because cic news (where this forum originates from) mentioned it could have huge consequences on both the individual and their families. Any idea?

The aim of this law is not to kick immigrants out but encourage new immigrants (like you) to move to Canada and settle permanently.
PR obligation is counted in 5 years rolling interval, i.e the 5 years before the examination and after being PR.
Your obligation compliance can change depending on when you are examined.
So it is not strange or illegal to allow people to stay in Canada and get back into compliance.
As I said before, even if you are seriously out of compliance and the officers at the border investigated you,
they have the discretion to waive you through if they think you are moving to Canada with the intent of settling down.

I think if a PR was found to be not in compliance with RO, he can be issued a removal order. The PR can appeal, but the appeal process can take over two years, and the days after the removal order will not be counted for PR obligation or citizenship until the appeal is won. Also, the PR who is issued a removal order can not sponsor anyone. So this is not the kind of reporting you to want to happen. Sometimes, officers at the borders warn people out of compliance verbally and let them know that they need to have two years of residency, but this not reporting, it just letting them know the danger.

Again, reporting people at the border/airport is not this common, especially with your PR card still valid and the covid situation.
Do not overthink it, just travel to Canada as soon as possible to avoid all these issues, especially when you are renewing your PR card.
PR card renewal is the time when they ask you to list all your trips, addresses, jobs, and examine your residency days closely.
Anything PR card renewal application with less than 730 days will require justification and they can ask for evidence that you lived in Canada if they are suspicious and your application requires secondary review.
Your husband's RO issues do not affect you. Your son can be sponsored (inland) from inside Canada and he can stay until his application is approved. Sponsoring immediate family members can be slow but does not require financial proofs, so just being inside Canada is enough.
 

Besram

Hero Member
Jun 13, 2019
251
182
I dont know maybe its better if my spouse renounces PR and just travels on an eTa? In the future I could sponsor instead. I asked earlier whether there are any consequences from being issued a reporting order and what kind of reporting order a PR not in RO compliance might receive (departure order seem to be the lightest?) because cic news (where this forum originates from) mentioned it could have huge consequences on both the individual and their families. Any idea?
I don't know what this CIC News article says because the link you supplied earlier is broken.

First off, it's called a removal order and not a reporting order. And obviously, yes - it has serious consequences, but not sure how anyone could think otherwise?

Basically it works like this:

If you are found to be in non-compliance with your RO, you could be issued with a 44(1) report and subsequently referred to a minister's delegate. If the minister's delegate agrees with the finding, they will issue a removal order.

There are three types, as this page explains:

In the case mentioned above, you would first receive a departure order. This means you have to leave the country within 30 days and confirm your departure with CBSA.

If you do not, you will be issued with a deportation order, which means the Canadian government will seek to deport you (i.e. remove you by force).

The main difference in terms of consequences is that if you comply with the departure order, you can return to Canada (e.g. as a tourist or visitor), whereas if you don't comply with it (which obviously is a very bad idea), you are permanently barred from coming back to Canada. But again, this is avoidable if you comply with the departure order.

Note that you can appeal the departure order and you will be allowed to stay in the country until your appeal is decided.