PR returning after 1030 days outside Canada

[Sangeethaarun]

Dear Team,
Good morning,i entered Canada on 28th Feb2014 along with husband and 2 kids ,got the PR cards valid till May 2019,due to some family reasons returned to home country in July 2014.Now iam planning to return forever to Canada in May 2017, i was away for 1030days outside Canade.Will there be any problem in border clearance at Canada airport.Please help me with this as there is confusion.

Thanks for your support.

SAK.

 

[Bs65]

Others can comment but you should be fine as you can spend upto 1095 days out of Canada in any 5 year period plus of course you have the advantage still that some others have not had when spending extended periods out of country, valid PR cards so no issues at least with boarding a plane.

 

[justinline]

Technically and legally you should be fine. But sometimes CBSA officers try to act up a bit and may send you for secondary. Just tell them what the law is, keep your cool.

I came with just a month remaining in the max 3 years limit. The officer who I dealt with, had his own version of all the rules. I was asked to fill up the RQ when I came to finally settle in Canada. I was held up for hours, I just told him go ahead and report me to CIC if they have any issues they will surely get back to me. Apparently that left him mighty pissed, how I know that......I recently requested my exit/entry records from CBSA and all the reports they have for me.

Voila.....the bugger wrote a 2 page report on all the interaction we had that day. He even contacted AINP office, I applied through Alberta nomination program. Apparently he told them, I was breaking the spirit of AINP program by delaying moving to Canada for 3 years and they should revoke the nomination. Yup all of this is documented in the report. AINP officer told him they have no control over that once the nomination has been processed. The final remark I see, he is waiting from some Delegate Office remark for finalizing the case. He followed my case for at least for few months.He recorded all the interactions which all offices he contacted, who said what, what he feels and saw, it is a whole two page report and quite an interesting read.

So try not pissing off the officer, but if need be hold your ground. They have to let you in, if you are within the max days limit permissible outside Canada. Only thing is stick to Canada after you are in for the required two year period. Keep all the documentation proof of your stay in Canada, you may require it during PR renewal application.

 

[aminur]

Dear Moderator,
I'm in the same situation, After confirming my PR, return back to my Home country, out of CANADA 1000 days.
Will return within this period,
Will I face any trouble in the Airport Immi Dept. MY other Question is that when exactly the days count started is it from the day of landing or From The day of PR card Issue /
I will be grateful
Thanking you,

 

[Bs65]

Dear Moderator,
I'm in the same situation, After confirming my PR, return back to my Home country, out of CANADA 1000 days.
Will return within this period,
Will I face any trouble in the Airport Immi Dept. MY other Question is that when exactly the days count started is it from the day of landing or From The day of PR card Issue /
I will be grateful
Thanking you,

nobody here can say if you will have any issues with CBSA just be polite and answer any questions honestly especially about your intentions to stay put in the country. CBSA officers are human too but put yourself in their position that they have to deal with hundreds of people every day so does not pay to antagonise them. Yes you may get pulled into a secondary but ultimately as a PR you are still allowed into the country.

Ensure your PR card is still valid and you have it available when you travel as you need it to board a plane as well as passport of course.

Initial days in country for residency obligation (and initial 5 years) are counted from date of landing not from date of PR card issuance which could be weeks or months later so is not relevant. Days out of country are of course counted from day after you leave to the day before you arrive back inclusive, by that mean the day you leave and day you back are counted as in country days.

 

[dpenabill]

Dear Team,
Good morning,i entered Canada on 28th Feb2014 along with husband and 2 kids ,got the PR cards valid till May 2019,due to some family reasons returned to home country in July 2014.Now iam planning to return forever to Canada in May 2017, i was away for 1030days outside Canade.Will there be any problem in border clearance at Canada airport.Please help me with this as there is confusion.

Thanks for your support.

SAK.

I'm in the same situation, After confirming my PR, return back to my Home country, out of CANADA 1000 days.
Will return within this period,
Will I face any trouble in the Airport Immi Dept. MY other Question is that when exactly the days count started is it from the day of landing or From The day of PR card Issue /
I will be grateful
Thanking you,

Regarding the PR Residency Obligation for a new PR who landed less than three years ago, there is no prospect (absent blatant error) of being issued a 44(1) Report for a breach of the PR RO upon arrival at a Canadian PoE. After all, it is impossible to be outside Canada 1095 days since landing until more than 1095 days after the landing.

That is, if it has been less than three years since the date of landing, there is no question about compliance with the PR Residency Obligation, the PR obviously must be in compliance. It is impossible for a PR to breach the PR RO any day prior to the third year anniversary of the day of landing.

That said, the PR who cuts-it-close might be cautioned, perhaps even admonished by a border officer at the PoE, regarding compliance with the PR RO. This is to clearly convey to the PR the need to comply with the PR RO and sometimes there will be a FOSS entry or some other record made of this . . . so that any CBSA or IRCC personnel dealing with this PR in the future will be aware of the extent of the PR's absence. No need to worry about or be offended by this. There is no impact on the PR so long as the PR does comply with the PR RO after that. (Reminder: the PR who returns to Canada after an absence of nearly 1095 days will basically be unable to leave Canada for the next two years in order to remain in compliance with the PR RO.)

As Bs65 posted, the date that counts is the date of landing. Date the PR card was issued or expires is not relevant.



Staying cool:

Regarding this statement: "Just tell [the CBSA officers] what the law is, keep your cool."

Yes, always keep your cool. No, never tell an officer what the law is.

It is OK for a person to explain their behavior or expectation by referring to what they believed the rule or law is, to in effect let an officer know what your understanding of the rule or law is. Sure, the difference is subtle. Sure, this can be done with an intent to inform or remind the officer what the law is and that you know it.

But no, do NOT instruct the officer on what the law is.

An attempt to overtly instruct an officer, especially about what the law is, will most often offend and risk pushing the interaction toward being confrontational, or, if it is already confrontational, then it is almost certainly going to escalate the level of hostility.

To be clear: while there is nothing inherently wrong in telling an officer what the law is, that will more often than not offend. And in general it is not a good idea to offend officers (of any kind).



If being cautioned or admonished when having cut-it-close:

There are only a few anecdotal reports about this, and they vary. After all, the demeanor of border officers will vary greatly. And of course the situation and history for an individual PR will vary greatly from that of other individual PRs.

Such warnings or admonishments can be friendly in nature or unfriendly. Many times Canadian border officers are trying to give the PR a friendly alert, a "heads-up-dude, you are cutting-it-close," and could risk losing PR status if you fail to comply with the PR RO. But sure, sometimes the border officer apprehends or believes the PR is not really settling permanently in Canada, and the officer is giving an unfriendly warning, perhaps even in the vein of cannot-report-for-breach-but-if-I-could-I-would and thus next-time-I-will-report-you, or even, I-would-be-reporting-you-if-I-could-make-it-stick.

Let's be frank: cutting it close is cutting-it-close, for which certain implications should be readily apparent.

Sure, there is no formal requirement that a PR actually settle down permanently in Canada. Compliance with the PR RO suffices. But only fools fail to recognize that those PRs who appear to not be settling permanently in Canada are bound to encounter skepticism or even hostility from some of those who are charged with a mandate to enforce the law.



If the PR is cutting-it-close three years plus after landing:

Make no mistake, cutting-it-close has risks. The burden of proof is on the PR, always on the PR. Any PR who is abroad for more than two years without returning to Canada in the meantime is obviously inviting some PR RO related questions upon arriving in Canada. The closer that is to three years, the more likely it is there will be a PR RO examination. If it is less than three years since the date of landing, no real problem because, as noted above, the PR has for sure not breached the PR RO (as yet). But three years plus after landing, long absences will risk PR RO questions, and the PR who is cutting-it-close may find it difficult to affirmatively prove actual compliance.

It warrants noting that the more recently a PR was in Canada, the less likely PoE officers will have questions about PR RO compliance . . . within reasonable parameters of course, including duration of recent times in Canada being a significant factor.


Reminder: PRs are statutorily entitled to entry. (With rare exceptions.)

Even if the PR has breached the PR Residency Obligation, the border officers are still required to allow the PR to enter Canada. Worst case scenario at the border or airport PoE is getting reported for being in breach for the PR RO, followed by a Departure Order. Such a Departure Order is NOT immediately enforceable and the PR must then be allowed to enter Canada. I forget how many days the PR has to make an appeal, but if the PR appeal the Departure Order remains unenforceable until the appeal is resolved.