Biplab Barua said:
My PR date is December 28,2013 and the immediate next 5 yrs will be ended on December 27,2018. I was physically present in Canada up to March 25,2014 e.i 87 days. After deducting 87 days from 730 days it will remain 643 days which will fulfill if i re-enter on March 15,2017.
Kindly advice whether border service agency will allow me to re enter on March 15,2017 as still i have chance to comply residency obligation of rest (730 days-87 days)=643 days if i stay Canada upto December 27,2018.
As a Canadian Permanent Resident, you are entitled to enter Canada. You will be allowed to enter Canada.
The real question is whether or not you will be allowed to enter Canada without being reported for a breach of the PR Residency Obligation (which would be the process pursuant to which your PR status could be terminated for failing to meet the PR RO).
If you landed and became a PR on December 28, 2013, as long as you have not been outside Canada for 1095 or more days since that day (December 28, 2013), you are in compliance with the PR RO. Thus, if you return to Canada in time to avoid being abroad 1095 days, you
should NOT be reported for being in breach of the PR RO.
But you are indeed
cutting-it-close and that tends to have some risks. If, for example, you arrive at a Canadian PoE on March 15, 2017, and it is apparent you were last in Canada on March 25, 2014, that means you have been abroad at least 1086 days since you landed. At best, that is, you are merely nine days away from being in breach of the PR RO.
Technically, the burden of proof is on you, so technically you might need to affirmatively prove you were actually in Canada all those days between December 28, 2013 and March 25, 2014. If CBSA or IRCC perceives it is likely you were outside Canada 10 or more of those days, you could be determined to be in breach of the PR RO, subject to being reported and issued a departure order, which you would have to appeal in order to keep PR status. (
Even if reported for a breach of the PR RO, you would still be ENTITLED to enter Canada, and would indeed be allowed to enter.)
Practically, with nearly two years left before the fifth anniversary of the day you landed, unless there is something else about you or your situation causing concern, it is more likely there will be little or no problem so long as you return by mid-March.
That said, a caution about how long you need to stay is warranted:
Remember, once you reach December 27, 2018, days more than five years ago no longer count toward meeting the PR RO . . . thus, from December 28, 2018 to March 25, 2019, you will be losing a day for every day you stay and gain one.
Thus, at this juncture, you would have to remain in Canada beyond the December 27, 2018 date to stay in compliance with the PR RO. After December 27, 2018 you will need to have been present in Canada at least 730 days within the preceding five years. That is, basically, you will have to stay a full two years from the date of your arrival, in March, in order to stay in compliance with the PR RO . . . and again, if you left soon after the two years pass, that too would be
cutting-it-close and that is risky . . . and I believe it gets a lot more risky after the first five years.
