Permanent Residency Obligations

[Hemant B Dubey]

Hi Everyone,

Hope you all are keeping safe and healthy.

Background:
I and my spouse with our kid came to Canada as a PR in Jun 2016 (stayed here for 20 days), did a soft landing, and left. Our PR cards were issued in July 2016 hence they are expiring in Jun 2021. Due to person reason we unable to back in Canada till now.

I understand from different discussion that we can come to Canada as our PR is still valid. However, need to stay there for 730 days in continuation to get PR renewed. However, at one stretch I can stay there for six months only (e.g., Sep 2020 - Feb 2021). I need to travel again to India after six months. Than I can return to Canada after 4 month stay in India (Jun 2021). Considering PR card expiry of June 2021, I assume it can be done.

Query:
1. Is my understanding correct for entering Canada and leaving back and re-entering ?
2. What are other viable option to keep my PR status valid ?

Thank you all in advance.

 

[scylla]

Hi Everyone,

Hope you all are keeping safe and healthy.

Background:
I and my spouse with our kid came to Canada as a PR in Jun 2016 (stayed here for 20 days), did a soft landing, and left. Our PR cards were issued in July 2016 hence they are expiring in Jun 2021. Due to person reason we unable to back in Canada till now.

I understand from different discussion that we can come to Canada as our PR is still valid. However, need to stay there for 730 days in continuation to get PR renewed. However, at one stretch I can stay there for six months only (e.g., Sep 2020 - Feb 2021). I need to travel again to India after six months. Than I can return to Canada after 4 month stay in India (Jun 2021). Considering PR card expiry of June 2021, I assume it can be done.

Query:
1. Is my understanding correct for entering Canada and leaving back and re-entering ?
2. What are other viable option to keep my PR status valid ?

Thank you all in advance.

It's not that straight forward. Right now it is not guaranteed that you will be able to keep PR.

Your main problem is that you have now been outside of Canada for more than three years (you've been out for more than 4 years now). This means you do not meet the residency requirement to maintain your PR status.

When you return, one of two things will happen. (1) You will be allowed in without being reported. If that happens, you can live in Canada for 730 days and then apply to renew your PR cards. (2) You will be reported by CBSA for failing to meet the residency requirement. If that happens, you will have to appear at a hearing to argue why you should be allowed to keep PR even though you have failed to meet the residency obligation. Unless you have strong H&C reasons for having been outside of Canada, you should expect to lose your PR status and have to leave Canada.

Multiple entries into Canada (like you have planned) increase your chances of being reported for failing to meet the residency requirement.

 

[Hemant B Dubey]

It's not that straight forward. Right now it is not guaranteed that you will be able to keep PR.

Your main problem is that you have now been outside of Canada for more than three years (you've been out for more than 4 years now). This means you do not meet the residency requirement to maintain your PR status.

When you return, one of two things will happen. (1) You will be allowed in without being reported. If that happens, you can live in Canada for 730 days and then apply to renew your PR cards. (2) You will be reported by CBSA for failing to meet the residency requirement. If that happens, you will have to appear at a hearing to argue why you should be allowed to keep PR even though you have failed to meet the residency obligation. Unless you have strong H&C reasons for having been outside of Canada, you should expect to lose your PR status and have to leave Canada.

Multiple entries into Canada (like you have planned) increase your chances of being reported for failing to meet the residency requirement.

Thank you for your detailed reply.

I understand the risk being reported by CBSA. I am exploring options,

1. If I will keep my travelling single time (Once I enter, and another one month trip to India). Lets assume if I got reported by CBSA, can I leave Canada before the the hearing of argument takes place ?
2. Will it be problematic to re-apply for PR later-on, if I get reported by CBSA? Will it be a problem in re-application for PR, if I loose 'hearing of argument'.
3. Considering above scenario, what are other suitable option to consider ?

Many thanks in advance for your advice....

 

[scylla]

Thank you for your detailed reply.

I understand the risk being reported by CBSA. I am exploring options,

1. If I will keep my travelling single time (Once I enter, and another one month trip to India). Lets assume if I got reported by CBSA, can I leave Canada before the the hearing of argument takes place ?
2. Will it be problematic to re-apply for PR later-on, if I get reported by CBSA? Will it be a problem in re-application for PR, if I loose 'hearing of argument'.
3. Considering above scenario, what are other suitable option to consider ?

Many thanks in advance for your advice....

1. Yes, you can leave Canada.
2. You can certainly reapply for PR. To reapply, you need to either renounce your PR status or wait until you have officially lost it.

 

[alberta2019]

For reapplying for PR again, it will depend at that time if your new application that you are eligible based on current criteria

 

[alberta2019]

I will advise to take your chances and enter into canada (via land border if possible) and than stay for 2 years continuously, and dont travel outside until you have new PR card in hand...in case you have a serious genuine issue and need to travel than assess pros n cons and explore of re-applying PR in case they wont let you IN again