Pr entering Canada after staying more than 3 years abroad

[kiranbainz2497]

Your message seems incomplete, but the answer will probably be something like this:

You need to look at the day that your grandfather landed in Canada. Let's say it's November 1, 2015 as an example.
Count 5 years forward from that date. Result; October 31, 2020
Then:

a) In the period from November 1, 2015 till today, count the number of days your grandfather has been in Canada.
b) count the number of days from today till October 31, 2020 (tip, there's a calculator on timeanddate.com)​

Add the numbers from a) and b) together.

If that number is less than 730, your grandfather has not met the residency obligation and will likely be reported upon entry into Canada meaning it's almost certain he will lose his status unless he appeals and it's found he has humanitarian and compassionate reasons to have been outside of Canada for so long.

Now let's say your grandfather landed more than 5 years ago. In this case, you need to count the number of days from today going back 5 years. This total must also add up to more than 730.

Forget the validity dates on the PR card. They are completely irrelevant.

To look at it another way, as soon as a PR spends more than 1095 days outside of Canada in any 5 year period they've failed to meet the RO.

Thanks for replying. He hasn’t met the requirements its been over the required days. Is there any way to bring him here?

 

[canuck78]

Thanks for replying. He hasn’t met the requirements its been over the required days. Is there any way to bring him here?

You need to be more specific. Does he have a valid PR card? How many days in the past 5 years has he spent in Canada, etc.

 

[evdm]

Thanks for replying. He hasn’t met the requirements its been over the required days. Is there any way to bring him here?

As a PR, your grandfather has the right to enter Canada. He cannot be refused entry at the border.

The problem is getting to the border. If his PR card is expired he will not be able to board a plane to Canada unless he has a Permanent Resident Travel Document (PRTD). This will not be issued if he isn't in compliance with the Residency Obligation, and applying for it when not in compliance will trigger the start of the process to revoke his PR status.

As I said, a PR has the right to enter Canada, and flying isn't the only way to arrive. If your grandfather can travel to the USA, he can use a private vehicle (or walk) to enter Canada. Here, he will have to use his CoPR or other document to show he is a PR. It's extremely likely that questions about his residency and status will be asked so he can expect to be referred to secondary immigration. There he will have to explain his absence from Canada, and if the officer feels it's warranted they will issue a report, which also starts the revocation process. He will be allowed to enter Canada, but will likely be issued a departure order soon thereafter.

If reported, he has the opportunity to appeal the decision and may wait in Canada while the appeal is in process. These days while the appeal is pending do not count for the Residency Obligation. His appeal may be successful if sufficient Humanitarian and Compassionate grounds exist to justify the time spent outside of Canada, but many appeals are lost.

Should he be so lucky to not be reported upon entering Canada, he will have to stay in Canada without leaving for any reason until he is back in compliance with the RO (730 days, minimum)

 

[kiranbainz2497]

As a PR, your grandfather has the right to enter Canada. He cannot be refused entry at the border.

The problem is getting to the border. If his PR card is expired he will not be able to board a plane to Canada unless he has a Permanent Resident Travel Document (PRTD). This will not be issued if he isn't in compliance with the Residency Obligation, and applying for it when not in compliance will trigger the start of the process to revoke his PR status.

As I said, a PR has the right to enter Canada, and flying isn't the only way to arrive. If your grandfather can travel to the USA, he can use a private vehicle (or walk) to enter Canada. Here, he will have to use his CoPR or other document to show he is a PR. It's extremely likely that questions about his residency and status will be asked so he can expect to be referred to secondary immigration. There he will have to explain his absence from Canada, and if the officer feels it's warranted they will issue a report, which also starts the revocation process. He will be allowed to enter Canada, but will likely be issued a departure order soon thereafter.

If reported, he has the opportunity to appeal the decision and may wait in Canada while the appeal is in process. These days while the appeal is pending do not count for the Residency Obligation. His appeal may be successful if sufficient Humanitarian and Compassionate grounds exist to justify the time spent outside of Canada, but many appeals are lost.

Should he be so lucky to not be reported upon entering Canada, he will have to stay in Canada without leaving for any reason until he is back in compliance with the RO (730 days, minimum)

Thankyou so much for the detailed explanation, that helped alot. I’ve talked to him hos PR card got expired in dec 2017. He wants to come here but doesn’t wanna live. If we surrender the PR and apply for visitor visa what are the chances to get visa approved?
Thanks

 

[evdm]

I have no idea what the process for a visitor visa are like.

However, if you qualify, you can sponsor him for a supervisor. That's another option to a visitor visa.