Question on return back to canada!

[preet9192]

hi, I am new to this forum.
I have a question related to my return to canada. As right now I am stuck outside canada due to covid restrictions.
My card is expiring this year in summer in July. So if I return to canada after they lift flight ban & before my card expires, is there any issue on entering canada. And I am out of compliance. Means I am some days short.
I mean do CBSA can stop or won't allow me to enter canada due to my card expiring soon.
Please let me know. Thanks in advance.

 

[armoured]

hi, I am new to this forum.
I have a question related to my return to canada. As right now I am stuck outside canada due to covid restrictions.
My card is expiring this year in summer in July. So if I return to canada after they lift flight ban & before my card expires, is there any issue on entering canada. And I am out of compliance. Means I am some days short.
I mean do CBSA can stop or won't allow me to enter canada due to my card expiring soon.
Please let me know. Thanks in advance.

Impossible to say, check all of the other threads here (many) about residency obligation compliance. It will depend on a lot of factors, including how out of compliance you are (how many days in Canada in last five years), etc.

We can say - you can get on a flight and you will either be reported for non-compliance or not. If reported, they will let you in and you will have the ability to appeal, which you may or may not be successful with. Beyond that, no-one can give you certainty.

If you provide some more details, members here might guess about whether chances are good or bad. Some might share recent and relevant experiences. But no certainty either way.

 

[preet9192]

Impossible to say, check all of the other threads here (many) about residency obligation compliance. It will depend on a lot of factors, including how out of compliance you are (how many days in Canada in last five years), etc.

We can say - you can get on a flight and you will either be reported for non-compliance or not. If reported, they will let you in and you will have the ability to appeal, which you may or may not be successful with. Beyond that, no-one can give you certainty.

If you provide some more details, members here might guess about whether chances are good or bad. Some might share recent and relevant experiences. But no certainty either way.

I have a 4 year daughter who is a Canadian citizen & my husband is pr holder.
we will be coming back together before my card expires.
According to my calculation I am 60 days short of 730 days.
I don't know what to do!
should we take chance. Flights are so expensive right now. what if they won't let me enter?

 

[armoured]

For a rather lengthy thread that covers much of what you're asking, see here:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/permanent-residence-status-expire-due-to-covid.731899/

You can ignore the policy oriented discussions (ramblings), including my own. Just read the parts that explain how it works.

 

[armoured]

I have a 4 year daughter who is a Canadian citizen & my husband is pr holder.
we will be coming back together before my card expires.
According to my calculation I am 60 days short of 730 days.
I don't know what to do!
should we take chance. Flights are so expensive right now. what if they won't let me enter?

No-one can give you certainty, but: 60 days or so outside the residency obligation is not so very much, and given covid and travel limitations, your chances would seem to be relatively good at having few problems. (That other thread has some discussion that should be relevant...)

If you are reported, you'd still be allowed in and given a chance to appeal, where your chances would also be not that bad.

Note there are a lot of other factors: how long outside Canada, degree of establishment in Canada, spouse and child both Canadian/resident in Canada (or not), etc.

So no one can tell you what to do, but I would focus first on getting a route back to Canada and worry about the rest when you arrive.

(Also note that if you can't get back before card expires, you'd have to apply for PRTD, where the process is a bit more strict. You might still be successful at that, so don't panic, but suffice to say that arriving before card expiry is probably preferable.)

 

[armoured]

That was helpful. specially your fifty fifty example.
So according to you, they can let you enter or they cannot.
its unpredictable.
Right.!

That example was without any information - with more details, the chances turned out to be better.

And in your case, no - they cannot 'not let you enter.' They can report and start process of checking your compliance formally, potentially leading to revocation of PR status - but they must let you enter and let you appeal.

Again, my gut in your case is that you should not focus on that. You are not tremendously out of compliance. But details do matter and you can get acquainted with the other factors.

 

[preet9192]

No-one can give you certainty, but: 60 days or so outside the residency obligation is not so very much, and given covid and travel limitations, your chances would seem to be relatively good at having few problems. (That other thread has some discussion that should be relevant...)

If you are reported, you'd still be allowed in and given a chance to appeal, where your chances would also be not that bad.

Note there are a lot of other factors: how long outside Canada, degree of establishment in Canada, spouse and child both Canadian/resident in Canada (or not), etc.

So no one can tell you what to do, but I would focus first on getting a route back to Canada and worry about the rest when you arrive.

(Also note that if you can't get back before card expires, you'd have to apply for PRTD, where the process is a bit more strict. You might still be successful at that, so don't panic, but suffice to say that arriving before card expiry is probably preferable.)

Thanks. That was a little bit of relief.
but for now flight are ban from India to canada.
lets see when this ban lifts off.
hopefully before my card expires in July otherwise I will be in a mess.

 

[armoured]

but for now flight are ban from India to canada.

That is the more thorny part of the question right now. I'm personally not too optimistic it will be lifted that soon, but it will depend on developments in India.

You should consider whatever other options/alternative arrangements exist, of course, but they are currently quite limited.