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Query regarding Residency Obligation (RO)- can anyone help ?

R

rakesh83

Newbie
Oct 12, 2017
4
0
Hi,

My parents are PR card holders. Their PR card is expiring in July 2019. They stayed in Canada for 2 months in 2014 and then they were outside Canada since then. They were expected to go to Canada last year to fulfill the minimum 2 year stay in Canada requirement. Unfortunately, my dad had a hip fracture last year and underwent operation and has recovered 80% now. Uses walker to walk. Due to this incident last year , my parents could not visit Canada and now have crossed 3 yrs of stay outside Canada. Now they have hardly 1 yr 10 months or so left. I am planning to book their tickets in Dec 2017 to send them to Canada.

1. If they land in Canada, will the immigration authorities count their Residency Obligation (RO) at the airport and deport them back?
2. Will they be allowed to enter ? if so with any condition attached ?

Is it safe to send them now since their PR card has not expired yet ?

Kindly help with the options left. Thank you very much.
 
B

Buletruck

VIP Member
May 18, 2015
6,882
2,715
They maybe asked why they haven't met RO. Make sure they take the proof of the hip injury. My guess is that the CBSA officers will let it go, given the reasons. Definitely do it as soon as possible. It would be best if your parents don't make any plans to travel outside of Canada until they are back in compliance with RO. And no, your parents won't be deported,
 
R

rakesh83

Newbie
Oct 12, 2017
4
0
Buletruck said:
They maybe asked why they haven't met RO. Make sure they take the proof of the hip injury. My guess is that the CBSA officers will let it go, given the reasons. Definitely do it as soon as possible. It would be best if your parents don't make any plans to travel outside of Canada until they are back in compliance with RO. And no, your parents won't be deported,
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Thank you Buletruck for giving some hope.
 
evdm

evdm

Hero Member
Jun 16, 2017
650
360
Note: this post has been edited with new information.

Your parents will be let in to Canada as long as they have a valid PR card (which you say they do).

The regulations are clear in that your parents will have to have been in Canada for at least 730 days in the first 5 years since becoming permanent residents, as this is their first 5-year period. If they do not meet this requirement, they are definitely at risk of losing status, but like I said above, they will be let in to Canada.

A CBSA officer at the port of entry where your parents land may flag them for review. Should this review reveal that your parents have not met the residency obligation, measures will be taken which could result in loss of PR status, and an order to leave Canada.

Your parents will have to appeal (presumably on H&C grounds) against a decision to revoke status.

Even if they don't get flagged; to get new PR cards they will also have to show that they have met the residency requirements; the fact of the matter is they haven't so this will become an issue for them. Should they not renew their cards, they are still Permanent Residents; but will not be able to travel. After 730 days in Canada they may be able to re-apply, but the fact remains that they did not meet the residency requirements in the first 5 years after becoming PRs. I do not know how this will affect them.

I'm sorry to hear your father broke his hip, but you say that your parents intended only to "visit" Canada last year had this not happened? Are they serious about actually settling in Canada?

Here are official guidelines from http://www.cic.gc.ca/english/resources/manuals/enf/enf23-eng.pdf

7.3 Persons who have had permanent resident status less than five years

A28(2)(b)(i) provides that if a person has been a permanent resident for less than five years, they must demonstrate, at examination, that they will be able to meet the residency obligation in respect of the five-year period immediately after they became a permanent resident.

In these situations, officers should adhere to the following procedure:
1. Calculate the number of days of physical presence in Canada commencing from the date that the person became a permanent resident.
2. If 730 days remain in the five-year period following the date that the person became a permanent resident, then that person cannot be found to have failed to comply with the residency obligation contained within the Act.
3. If there is less than 730 days remaining in the five-year period, count the number of days remaining and add them to the number of days calculated in step #1; that is, add to the “number of days physical presence in Canada” as calculated in step #1.

If this resultant number equals or exceeds 730 days, the permanent resident complies with the residency obligation in IRPA. Nevertheless, in these cases, officers should inform the person of the possibility of losing their permanent residency in the event that the person does not meet the 730-day threshold at some future time.

When officers inform persons on such matters, an entry to this effect should be made in the Field Operational Support System (FOSS) or the Computer-Assisted Immigration Processing System (CAIPS), as appropriate, based on whether the officer is overseas or in Canada.

Note: A conclusion that a permanent resident has not fulfilled their residency obligation can be made only after an assessment of any H&C factors that have been submitted for consideration. [A28(2)(c)].
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Last edited:
R

rakesh83

Newbie
Oct 12, 2017
4
0
evdm said:
Your parents will be let in to Canada as long as they have a valid PR card (which you say they do).

The regulations are clear in that your parents will have to have been in Canada for at least 730 days in the first 5 years since becoming permanent residents, as this is their first 5-year period. If they do not meet this requirement, they are definitely at risk of losing status, but like I said above, they will be let in to Canada.

A CBSA officer at the port of entry where your parents land may flag them for review. Should this review reveal that your parents have not met the residency obligation, measures will be taken which could result in loss of PR status, and an order to leave Canada.

Your parents will have to appeal (presumably on H&C grounds) against a decision to revoke status.

Even if they don't get flagged; to get new PR cards they will also have to show that they have met the residency requirements; the fact of the matter is they haven't so this will become an issue for them. I do not know if they were to come to Canada in December whether the 2-year clock can reset for them if they aren't flagged for review. I.e. they apply for renewal once they've reached 730 days, even though this is after their cards expire. Maybe someone else can shed more light on this.

I'm sorry to hear your father broke his hip, but you say that your parents intended only to "visit" Canada last year had this not happened? Are they serious about actually settling in Canada?

Here are official guidelines from http://www.cic.gc.ca/english/resources/manuals/enf/enf23-eng.pdf
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Thank you EVDM for your detailed reply.
 
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