Not meeting Residency Obligation due to covid

[tk-5]

Hello,
I became Canada PR in Nov-17. Got my PR card late in Aug-18 and the PR card expiry is Aug-23.
I have not lived in Canada since December -17.
I wanted to return but could not return due to COVID.
Now I am getting a job there but not sure if I can return as I have not met residency obligation.

Can I enter Canada now?
Will Covid a s a reason work for not meeting residency obligation?
How do I ensure the above before a start my journey?

thanks in advance.

 

[armoured]

Hello,
I became Canada PR in Nov-17. Got my PR card late in Aug-18 and the PR card expiry is Aug-23.
I have not lived in Canada since December -17.
I wanted to return but could not return due to COVID.
Now I am getting a job there but not sure if I can return as I have not met residency obligation.

Can I enter Canada now?
Will Covid a s a reason work for not meeting residency obligation?
How do I ensure the above before a start my journey?

thanks in advance.

Many, many threads on this. There is no way to get 100% certainty beforehand.

Your card is still valid. You get to the border, they ask, you explain your 'covid reasons' (briefly but a bit more detail than 'covid'). Now you have a job, you're coming to stay, this is to stay permanently.

They either let you through and perhaps give you a verbal warning, or they 'report' you and start the process of revoking your PR status. No one knows for certain how it will go for you.

Either way, they let you in. If reported ,you appeal, and it takes some time - 12-24 months? I dont' follow closely. In the meantime you live in Canada and work and eventually both show in more detail your covid reasons and the humanitarian reasons why you shoudl stay.

If you're not reported - you're fine, stay in Canada, work, live, you are a legal permanent resident - just best not to travel abroad and not apply for a new PR card until you are compliant again (two years). Better still, don't travel at all and apply for citizenship after three.

Anecdotally: 'covid' is not an 'everhyting is forgiven' card. But it seems like border agents are being relatively lenient. They're not going to dismiss covid out of hand (either at border or at appeal). It doesn't mean they'll necessarily agree with you, but they'll consider it.

For now. The sooner you return the better.

And a warning: if they are lenient tomorrow, it does NOT mean they will be lenient the next time, eg if you come to Canada and leave again and return later because [reasons]. You should plan on remaining in Canada until you are back in compliance with RO (i.e., two years).

 

[jakklondon]

Can I enter Canada now? If you are a PR you can and are entitled to enter Canada.
Will Covid a s a reason work for not meeting residency obligation? You can try and explain. Hard to predict the outcome. It's not written in stone.
How do I ensure the above before a start my journey? There is no assurance and nothing that you can ensure, except that as PR you are entitled to admission. The rest is a toss of dice. Good luck.

 

[tk-5]

Many, many threads on this. There is no way to get 100% certainty beforehand.

Your card is still valid. You get to the border, they ask, you explain your 'covid reasons' (briefly but a bit more detail than 'covid'). Now you have a job, you're coming to stay, this is to stay permanently.

They either let you through and perhaps give you a verbal warning, or they 'report' you and start the process of revoking your PR status. No one knows for certain how it will go for you.

Either way, they let you in. If reported ,you appeal, and it takes some time - 12-24 months? I dont' follow closely. In the meantime you live in Canada and work and eventually both show in more detail your covid reasons and the humanitarian reasons why you shoudl stay.

If you're not reported - you're fine, stay in Canada, work, live, you are a legal permanent resident - just best not to travel abroad and not apply for a new PR card until you are compliant again (two years). Better still, don't travel at all and apply for citizenship after three.

Anecdotally: 'covid' is not an 'everhyting is forgiven' card. But it seems like border agents are being relatively lenient. They're not going to dismiss covid out of hand (either at border or at appeal). It doesn't mean they'll necessarily agree with you, but they'll consider it.

For now. The sooner you return the better.

And a warning: if they are lenient tomorrow, it does NOT mean they will be lenient the next time, eg if you come to Canada and leave again and return later because [reasons]. You should plan on remaining in Canada until you are back in compliance with RO (i.e., two years).

Many thanks,
Just a follow up question the 5 years counting starts from the date I became PR Nov-17
Or 5 years back from the PR card expiry - Aug-23

 

[armoured]

Many thanks,
Just a follow up question the 5 years counting starts from the date I became PR Nov-17
Or 5 years back from the PR card expiry - Aug-23

Five years from the day you landed/became a PR for the first five years, and thereafter five years back from any day you are examined (eg. at a border).

 

[canuck78]

Hello,
I became Canada PR in Nov-17. Got my PR card late in Aug-18 and the PR card expiry is Aug-23.
I have not lived in Canada since December -17.
I wanted to return but could not return due to COVID.
Now I am getting a job there but not sure if I can return as I have not met residency obligation.

Can I enter Canada now?
Will Covid a s a reason work for not meeting residency obligation?
How do I ensure the above before a start my journey?

thanks in advance.

You were already not meeting your RO before Covid hit. Would return as soon as possible to have the best chances of not getting reported. You can’t sponsor any family member until you are back in compliance with your RO so if you got married or had children that will be an issue.

 

[armoured]

You were already not meeting your RO before Covid hit.

Again, don't know what you are trying to say with this formulation - implication seems to be that the PR had somehow been out of status or compliance when covid began. That's not the case.

If the PR landed in Nov 17, it is not possible for that PR to have been out of compliance before Nov 2020 - at least six months after covid began in earnest - whether or not the PR had accumulated the 730 days of physical presence.

Not clear what "meeting your RO" is intended to mean, but sufficient physical presence days &730) was not the test in law that would have applied at a port of entry when covid travel restrictions etc began in March 2020.

Otherwise agree with your points - it is not a given that 'because covid' will be sufficiently convincing (eg PR arguably could have returned earlier), best to return early, non-compliant PR cannot sponsor family members, etc.

 

[canuck78]

Again, don't know what you are trying to say with this formulation - implication seems to be that the PR had somehow been out of status or compliance when covid began. That's not the case.

If the PR landed in Nov 17, it is not possible for that PR to have been out of compliance before Nov 2020 - at least six months after covid began in earnest - whether or not the PR had accumulated the 730 days of physical presence.

Not clear what "meeting your RO" is intended to mean, but sufficient physical presence days &730) was not the test in law that would have applied at a port of entry when covid travel restrictions etc began in March 2020.

Otherwise agree with your points - it is not a given that 'because covid' will be sufficiently convincing (eg PR arguably could have returned earlier), best to return early, non-compliant PR cannot sponsor family members, etc.

Made a calculation error. All the Covid dates blend into one these days. He/she still needs to meet the 730 days by November 2022. At a certain point people do need to realize that Covid can’t be used as a never ending reason.

 

[armoured]

Made a calculation error. All the Covid dates blend into one these days. He/she still needs to meet the 730 days by November 2022. At a certain point people do need to realize that Covid can’t be used as a never ending reason.

Agree, now the individual is out of compliance and will need H&C (or whatever) leniency.

But the argument that the PR was in compliance when covid began is valid.

 

[Q9146]

I am in an exact situation and need to know if the OP did get something worked for him or anyone else has gone through this.
My situation:
Me and Wife became PR (by land border landing) on 10 Nov 2018 from US Niagara border.
Came back into US same day and after 2 weeks called IRCC and updated address to a friend’s address. PR card got sent to him and he then sent us the cards.

30 Nov 2018 baby born and we decided to wait for 1 year or so before deciding to move to CAN.

Covid started in March 2020 and all plans dropped due to general uncertainty.

As on 10 Nov 2021, 3 years passed outside Canada so technically residency obligation window lost.
Still in US but have PR card validity till 10 Nov 2023.

Can I still try to move there ? I read humanitarian and compassionate- best interest of child can be tried.Need views in general on this situation.

 

[Tubsmagee]

I am in an exact situation and need to know if the OP did get something worked for him or anyone else has gone through this.
My situation:
Me and Wife became PR (by land border landing) on 10 Nov 2018 from US Niagara border.
Came back into US same day and after 2 weeks called IRCC and updated address to a friend’s address. PR card got sent to him and he then sent us the cards.

30 Nov 2018 baby born and we decided to wait for 1 year or so before deciding to move to CAN.

Covid started in March 2020 and all plans dropped due to general uncertainty.

As on 10 Nov 2021, 3 years passed outside Canada so technically residency obligation window lost.
Still in US but have PR card validity till 10 Nov 2023.

Can I still try to move there ? I read humanitarian and compassionate- best interest of child can be tried.Need views in general on this situation.

Don’t see best interest of the child in this situation. Child is US citizen and has been there all life, same place you also have status. Nothing is lost to them by your not maintaining a status you never really settled into.

 

[armoured]

As on 10 Nov 2021, 3 years passed outside Canada so technically residency obligation window lost.
Still in US but have PR card validity till 10 Nov 2023.

Can I still try to move there ? I read humanitarian and compassionate- best interest of child can be tried.Need views in general on this situation.

You and your wife are PRs and your cards and your status is still valid. You can return to Canada. There is a chance that you would be reported at border for not being compliant with resdiency obligation (and they start process of revocation, subject to appeal).

Or - perhaps / arguably MORE likely - they let you through, either waving you through or with a warning. (Covid is a real reason and they have to consider it - but it's not a guarantee).

Anyway, the sooner you return (the less out of compliance you are), the better your chances.

Two wrinkles:
1) You cannot sponsor your child until you are back in compliance with the residency obligation. That means your child enters as a visitor (and you keep renewing etc). That has SERIOUS implications for health care, insurance, and the like - details will depend on province, but most likely, your child will not qualify for provincial health care - you will need private insurance.

2) Travelling abroad for you and spouse will be risky, you could run into the problems above with residency obligation on future entries (until back in compliance.)

Only you and spouse can decide whether such limitations/costs - including travelling very little in next two years is realistic or acceptable.

 

[bedema]

You were already not meeting your RO before Covid hit. Would return as soon as possible to have the best chances of not getting reported. You can’t sponsor any family member until you are back in compliance with your RO so if you got married or had children that will be an issue.

Who said he cannot sponsor his family? I have plenty of friends who are not RO compliance but still managed to sponsor their families. As long as he is inside Canada, he can starts his sponsoring process.

 

[scylla]

Some border agents are high school drop outs.

Incorrect. High school diploma is a minimum requirement.

 

[jakklondon]

Who said he cannot sponsor his family? I have plenty of friends who are not RO compliance but still managed to sponsor their families. As long as he is inside Canada, he can starts his sponsoring process.

This is grossly incorrect. Please don't tell people who are non-compliant that they can sponsor their family, you will get them deported. They must AVOID filing any applicaiton for immigration benefit until they are RO compliant, unless they intend to renounse PR status.