PR active but RO may be short by atleast 4 months

[kusrbo]

Hi,

Need help and guidance..
Due to my personal circumstances I couldn't travel to Canada when I intended to but When I am ready to travel, made my plans, quit the job then Covid striked hard and suffered two loses in my family.

My current situation is my PR card expires on Jun 2023. I did my landing on Apr 2018. Therefore I believe my 5 yr period ends in Apr 2023 there on its rolling period?. Now that I have crossed my 3 year anniversary and will not meet RO to keep my PR active, not sure what chances have I got. Now I am making plans to travel in Aug 2021 but that means I will be short by atleast by 4 months to meet RO.

Although I will be allowed to enter, Understand that its completely upto Immigration Officer to report and its a kind of dice roll. Good case scenario is I won't be reported then complete 2 yrs and apply for PR renewal. Worst case scenario is Officer reporting me for not meeting RO. In this case I can appeal (although not sure what steps are involved), don't know the timelines and learnt that my stay won't be counted if my appeal is rejected. Not sure how easy to get the appeals accepted/rejected given the covid situation. Also don't think I will be able to justify my case under H&C reasons.

Any advises? could I ask you to be kind when you respond with out judging me please? I wanted to settle in Canada.

When I enter Canada, since I won't be meeting RO will I be entitled for Health care and any other benefits. Would I have to be aware of anything specific when RO is not met.

Thanks all.

 

[armoured]

Advice is to return soonest.

Health care is not directly linked to ro. Since your pr card is still valid, you should have no problem getting health care, subject only to the waiting period that applies in each province (you'll have to check).

You should avoid leaving the country until back in compliance.

 

[kusrbo]

Advice is to return soonest.

Health care is not directly linked to ro. Since your pr card is still valid, you should have no problem getting health care, subject only to the waiting period that applies in each province (you'll have to check).

You should avoid leaving the country until back in compliance.

Thanks for your response.

 

[rollercoaster]

Thanks for your response.

Did you return to Canada? I am in the same situation.

 

[scylla]

Did you return to Canada? I am in the same situation.

Read the original post. OP hasn't traveled yet.

 

[canuck78]

Advice is to return soonest.

Health care is not directly linked to ro. Since your pr card is still valid, you should have no problem getting health care, subject only to the waiting period that applies in each province (you'll have to check).

You should avoid leaving the country until back in compliance.

Healthcare is related to RO but in this situation it isn’t.

 

[Wilton]

The 730 days in Canada RO doesn't relate to a 'fixed' 5 year period, but basically the 5 years period backwards from when an IRCC officer looks at your case to evaluate it. As such it is not directly related to the validity/expiry of the PR card, however if/when you enter Canada with a valid PR card, there shouldn't be a reason for the CSBA officer at the port of entry to question or be suspicious about you fulfilling your RO obligation.
Obviously, the closer to the expiry of the card you return to Canada, the greater the chance that there will be questions.
Technically CSBA/IRCC does not know when you last left Canada, but it is obviously advisable to be fully truthful about this when asked.

Once you are back in Canada, you can wait with the application to renew your PR card until you are again in full compliance with the 730 day RO even if the card does expiry in the meantime. As long as you are not leaving Canada, you don't require the PR card as such (the PR card and your legal PR status are separate things).
To apply for a new PR card, or have IRCC evaluate your case for any other reason (like applying for a PRTD) while you are not in compliance with the 730 days RO means that you would rely on 'humanitarian and compassionate' grounds which is a discretionary hurdle and would usually be a lot more difficult to clear (there are certain categories that guide the IRCC officer for the evaluation of H&C grounds, and the level of H&C to be fulfilled is also lower the less days were missing in fulfilling the RO).

Regarding Healthcare: the rules depend on the province, but generally speaking access to the public health care system is not directly linked to your PR status as such. It is linked in the sense that you do need to be a legal resident in Canada and the province in which you are trying to join the heath case system, but typically there are additional/different rules. For OHIP in Ontario for example cover only starts after one has been a resident of Ontario (used to be 3 months I believe) and you also have tp be physical present for a certain number of days in Ontario every year to be legally entitled to use OHOP provided services (exact details should be easily found online)

From your question above, one would think the best course of action would be (if keeping PR status and living in Canada is the goal):
- return to Canada as soon as possible with your valid PR card
- stay in Canada and apply for PR Card renewal only once comfortable and proof-able fulfilling the RO
- apply for healthcare if/when you fulfil the specific rules of the provincial health care system/provider

 

[kusrbo]

The 730 days in Canada RO doesn't relate to a 'fixed' 5 year period, but basically the 5 years period backwards from when an IRCC officer looks at your case to evaluate it. As such it is not directly related to the validity/expiry of the PR card, however if/when you enter Canada with a valid PR card, there shouldn't be a reason for the CSBA officer at the port of entry to question or be suspicious about you fulfilling your RO obligation.
Obviously, the closer to the expiry of the card you return to Canada, the greater the chance that there will be questions.
Technically CSBA/IRCC does not know when you last left Canada, but it is obviously advisable to be fully truthful about this when asked.

Once you are back in Canada, you can wait with the application to renew your PR card until you are again in full compliance with the 730 day RO even if the card does expiry in the meantime. As long as you are not leaving Canada, you don't require the PR card as such (the PR card and your legal PR status are separate things).
To apply for a new PR card, or have IRCC evaluate your case for any other reason (like applying for a PRTD) while you are not in compliance with the 730 days RO means that you would rely on 'humanitarian and compassionate' grounds which is a discretionary hurdle and would usually be a lot more difficult to clear (there are certain categories that guide the IRCC officer for the evaluation of H&C grounds, and the level of H&C to be fulfilled is also lower the less days were missing in fulfilling the RO).

Regarding Healthcare: the rules depend on the province, but generally speaking access to the public health care system is not directly linked to your PR status as such. It is linked in the sense that you do need to be a legal resident in Canada and the province in which you are trying to join the heath case system, but typically there are additional/different rules. For OHIP in Ontario for example cover only starts after one has been a resident of Ontario (used to be 3 months I believe) and you also have tp be physical present for a certain number of days in Ontario every year to be legally entitled to use OHOP provided services (exact details should be easily found online)

From your question above, one would think the best course of action would be (if keeping PR status and living in Canada is the goal):
- return to Canada as soon as possible with your valid PR card
- stay in Canada and apply for PR Card renewal only once comfortable and proof-able fulfilling the RO
- apply for healthcare if/when you fulfil the specific rules of the provincial health care system/provider

Thank you so much for the info.

 

[Huda_suddiqui]

Hello,
Did you manage to travel? Did the immigration officers asked any questions? I am in a similar situation like you so any guidance would be highly appreciated.

 

[CanadianDreamer@TO]

Hi,

Need help and guidance..
Due to my personal circumstances I couldn't travel to Canada when I intended to but When I am ready to travel, made my plans, quit the job then Covid striked hard and suffered two loses in my family.

My current situation is my PR card expires on Jun 2023. I did my landing on Apr 2018. Therefore I believe my 5 yr period ends in Apr 2023 there on its rolling period?. Now that I have crossed my 3 year anniversary and will not meet RO to keep my PR active, not sure what chances have I got. Now I am making plans to travel in Aug 2021 but that means I will be short by atleast by 4 months to meet RO.

Although I will be allowed to enter, Understand that its completely upto Immigration Officer to report and its a kind of dice roll. Good case scenario is I won't be reported then complete 2 yrs and apply for PR renewal. Worst case scenario is Officer reporting me for not meeting RO. In this case I can appeal (although not sure what steps are involved), don't know the timelines and learnt that my stay won't be counted if my appeal is rejected. Not sure how easy to get the appeals accepted/rejected given the covid situation. Also don't think I will be able to justify my case under H&C reasons.

Any advises? could I ask you to be kind when you respond with out judging me please? I wanted to settle in Canada.

When I enter Canada, since I won't be meeting RO will I be entitled for Health care and any other benefits. Would I have to be aware of anything specific when RO is not met.

Thanks all.

How did it go for you at the airport? Did they report you?