PR card 730 days obligation and entering to Canada

[Elkhan]

Hi,
I am PR of Canada. My PR card will expire on 3 aug 2025 but I will not fullfill my 730 days PR obligation. Currently I am out of Canada. I hesitate that when I will enter to Canada, in Airport CBSA officer will file the report to revoke my PR. I have case that I have healthcare problem and also my mother was ill and in the end she passed off and that is why I haven't stayed in Canada. I am entering to Canada with my wife and 13 years old son. Could you please share your opinion on below questions:

When I entered to Canada last time, the CBSA officer asked me why I not lived in Canada? I told him that my mother was ill and she died. I cared about him. On that time he asked me not to live the Canada. It happened 1,5 years ago. On that time I was able to meet residency obligation ( approximately 2,7 year). Does CBSA officer take note about this? May it affect my case if CBSA officer will create report for revoke my PR? What do you recommend me?

 

[scylla]

Hi,
I am PR of Canada. My PR card will expire on 3 aug 2025 but I will not fullfill my 730 days PR obligation. Currently I am out of Canada. I hesitate that when I will enter to Canada, in Airport CBSA officer will file the report to revoke my PR. I have case that I have healthcare problem and also my mother was ill and in the end she passed off and that is why I haven't stayed in Canada. I am entering to Canada with my wife and 13 years old son. Could you please share your opinion on below questions:

When I entered to Canada last time, the CBSA officer asked me why I not lived in Canada? I told him that my mother was ill and she died. I cared about him. On that time he asked me not to live the Canada. It happened 1,5 years ago. On that time I was able to meet residency obligation ( approximately 2,7 year). Does CBSA officer take note about this? May it affect my case if CBSA officer will create report for revoke my PR? What do you recommend me?

Yes, it's possible CBSA made a note of the details of your conversation in the system. None of us can say for certain.

When you re-enter Canada, it's possible you may be reported but also possible you won't be. If you aren't, then you just remain in Canada without leaving until you meet RO and then apply for a new PR card. If you are reported, then you will need to appeal the loss of your PR status and will want to provide evidence of the circumstances that forced you to remain outside of Canada.

 

[Elkhan]

Yes, it's possible CBSA made a note of the details of your conversation in the system. None of us can say for certain.

When you re-enter Canada, it's possible you may be reported but also possible you won't be. If you aren't, then you just remain in Canada without leaving until you meet RO and then apply for a new PR card. If you are reported, then you will need to appeal the loss of your PR status and will want to provide evidence of the circumstances that forced you to remain outside of Canada.

I have all proves about my case being out of Canada. I will take with myself and show it to CBSA officer if needed. Hope CBSA will not report me. My child and family will be with me. Will it be consider as positive by CBSA?

 

[scylla]

I have all proves about my case being out of Canada. I will take with myself and show it to CBSA officer if needed. Hope CBSA will not report me. My child and family will be with me. Will it be consider as positive by CBSA?

Are they Canadian citizens?

 

[armoured]

When I entered to Canada last time, the CBSA officer asked me why I not lived in Canada? I told him that my mother was ill and she died. I cared about him. On that time he asked me not to live the Canada. It happened 1,5 years ago. On that time I was able to meet residency obligation ( approximately 2,7 year). Does CBSA officer take note about this? May it affect my case if CBSA officer will create report for revoke my PR? What do you recommend me?

How long have you been outside of Canada this time? After this happened 1.5 years ago, how long did you stay in Canada before leaving (after CBSA officer suggested you stay)? When you say 'you were able to meet' the residency obligation, when was this?

And when did you first become a PR? What status do your wife and child hold/how long have they been out of Canada?

 

[Elkhan]

Are they Canadian citizens?

No, they are PR as me. They also could not fullfill PR obligation, but PR card still valid.

 

[Elkhan]

How long have you been outside of Canada this time? After this happened 1.5 years ago, how long did you stay in Canada before leaving (after CBSA officer suggested you stay)? When you say 'you were able to meet' the residency obligation, when was this?

And when did you first become a PR? What status do your wife and child hold/how long have they been out of Canada?

They have been in Canada only 2,5 months, me 5,5 months. Last time I stayed 1 month. I have got health problem and I returned. It was last year July.

 

[scylla]

No, they are PR as me. They also could not fullfill PR obligation, but PR card still valid.

In that case I don't think them accompanying you makes any difference one way or the other.

 

[Elkhan]

In that case I don't think them accompanying you makes any difference one way or the other.

Thanks for your opinion. I read that CBSA may consider child opinion, if child wants to live in Canada, CBSA will consider it. Is it true?

 

[scylla]

Thanks for your opinion. I read that CBSA may consider child opinion, if child wants to live in Canada, CBSA will consider it. Is it true?

Generally this is an argument you can try to use with IRCC if you are reported by CBSA and have to appeal the loss of your PR status. Your child has spent a lot of time living outside of Canada which may weaken the argument but you can certainly try using this argument if you get to the point of having to appeal.

 

[Elkhan]

Generally this is an argument you can try to use with IRCC if you are reported by CBSA and have to appeal the loss of your PR status. Your child has spent a lot of time living outside of Canada which may weaken the argument but you can certainly try using this argument if you get to the point of having to appeal.

Thanks so much for your opinion.

 

[canuck78]

They have been in Canada only 2,5 months, me 5,5 months. Last time I stayed 1 month. I have got health problem and I returned. It was last year July.

Assume you didn’t access healthcare in Canada during your visit because you haven’t met the residency obligation to receive healthcare set by each province. You will need to reapply for health cards on your return which may require a wait period.

 

[canuck78]

Thanks for your opinion. I read that CBSA may consider child opinion, if child wants to live in Canada, CBSA will consider it. Is it true?

That is genuinely a reason used for a young adult to return on their own close to age 18. They can try to claim they were removed as a minor against their will.

 

[Elkhan]

Assume you didn’t access healthcare in Canada during your visit because you haven’t met the residency obligation to receive healthcare set by each province. You will need to reapply for health cards on your return which may require a wait period.

It is not problem, I can wait 2 years

 

[Elkhan]

I am only hesitate that, CBSA officer warned me last time and they can report me this time. If tgey will report me, may I appeal it on Court?