Residency Obligation

[jollyjolly]

Dear All,

We migrated to canada in April 2016 and returned to our homeland within three weeks. During these three weeks we were able to do the following:

1. Obtained SIN
2. Opened a bank account and deposited some funds into that account. Since then money is in our account.

Apart from above my husband didnt apply for drivers license and we also did not apply for OHIP since our plan was for short landing only.

As we became PR in Apr 2016 so residency obligation (2 yrs in last 5 yrs) will be met if we enter before Apr 2019 and stay their for good. Hence we have a plan to move 5o canada permanently in Mar 2019 and need some advise.

1. Since 2 years will be completed if we enter canada again in Mar 2019 and stay their for good. Do we need to convince or show some proof (such as ????????) to CBSA officer that we have returned for good. Now what are the odds that CBSA will not allow us to enter or report us?

2. If any adverse thing does not happened (as in step 1) by when we will be able to apply for citizenship? For instance 2 years will be completed by Mar 2021 (residency obligation is now met) so adding of another 1 year of stay will make us eligible for citizenship i.e. by Mar 2022?

Thank you all in advance.

Regards,

Jolly

 

[dpenabill]

Dear All,

We migrated to canada in April 2016 and returned to our homeland within three weeks. During these three weeks we were able to do the following:

1. Obtained SIN
2. Opened a bank account and deposited some funds into that account. Since then money is in our account.

Apart from above my husband didnt apply for drivers license and we also did not apply for OHIP since our plan was for short landing only.

As we became PR in Apr 2016 so residency obligation (2 yrs in last 5 yrs) will be met if we enter before Apr 2019 and stay their for good. Hence we have a plan to move 5o canada permanently in Mar 2019 and need some advise.

1. Since 2 years will be completed if we enter canada again in Mar 2019 and stay their for good. Do we need to convince or show some proof (such as ????????) to CBSA officer that we have returned for good. Now what are the odds that CBSA will not allow us to enter or report us?

2. If any adverse thing does not happened (as in step 1) by when we will be able to apply for citizenship? For instance 2 years will be completed by Mar 2021 (residency obligation is now met) so adding of another 1 year of stay will make us eligible for citizenship i.e. by Mar 2022?

Thank you all in advance.

Regards,

Jolly

So long as you return to Canada before you have been abroad 1095 days since you landed, you are in compliance with the PR Residency Obligation.

That said, not returning to Canada until March 2019 is cutting-it-close, way close. This is risky. This forum is rife with tales of woe by those who had similar plans who ran into this or that delay. Additionally, as you are aware, it allows near zero flexibility to go abroad for the following two years, whereas in reality stuff happens, family emergencies, personal and business affairs abroad need to be addressed, and so on.

As long as you return to Canada before the third year anniversary of the date you landed and became a PR, there is no need to prove how much you have been in Canada or will be in Canada. It is impossible to breach the PR Residency Obligation until the third year anniversary of landing has passed.

Once you are past that date, past the third year anniversary, compliance with the PR RO depends on establishing how much you have actually been in Canada. Thus, then yes, after the third year anniversary of the day you landed you can be examined about PR RO compliance, and the burden is basically on you to show how much you have been in Canada. Obviously, the longer you are abroad since the last time you were in Canada, the bigger the risk a PoE CBSA officer will have questions.

If you do cut-it-close, a PoE officer may advise, caution, or admonish you regarding compliance with the PR RO. This is not to chastise. This is to inform, to put the PR on notice so that the PR is aware of the risks and can make decisions which will enable the PR to keep PR status.

Citizenship: As of now, assuming certain changes scheduled to take effect soon do take effect (probably next week), to qualify for citizenship the minimum amount of time a PR must have spent in Canada is three years within the preceding five years. This is likely to be the same in 2022 or 2023. But there is no guarantee of this. In less than three years (in less than two and a half years actually) Canada has had three rather different rules for how long a person needs to be in Canada to qualify for citizenship. Hard to imagine the law changing again anytime soon, but it can happen.

 

[mats]

Dear All,

1. Since 2 years will be completed if we enter canada again in Mar 2019 and stay their for good. Do we need to convince or show some proof (such as ????????) to CBSA officer that we have returned for good. Now what are the odds that CBSA will not allow us to enter or report us?

2. If any adverse thing does not happened (as in step 1) by when we will be able to apply for citizenship? For instance 2 years will be completed by Mar 2021 (residency obligation is now met) so adding of another 1 year of stay will make us eligible for citizenship i.e. by Mar 2022?

Thank you all in advance.

Regards,

Jolly

1 - If you have your valid PR cards with you and you enter Canada by March 2019 then you don't need to show any proof to CBSA other than the PR card. However as dpenabill mentioned ,stuff happens so why way wait till March 2019, it is safer to move a few months. What if you have to go out of Canada for a month after you move in permanently in March 2019 ?
2 - Yes, as per the present Citizenship law, if you come in by March 2019 and stay till Mar 2022 without exiting Canada then you should be eligible to apply.

 

[jollyjolly]

Thank you guys much appreciated. This is right there should be some room kept for unforseen reasons. Thank u once again.

 

[xMadMaxx]

One advice though, since your residency obligation (2 yrs in last 5 yrs) will be met if you enter before Apr 2019, its not advisable to travel around that date (March 2019) as you will not be giving yourself room for emergencies that might arise and require you to travel. you would be stretching yourself way too thin mate.

Good luck

 

[canuck78]

People who are close to their residency obligation usually end up in a secondary review when they try to renew their PR. This can be a year long process. Just a warning.

 

[jollyjolly]

Thank you all.

@canuck78

What kind of secondary review?

Infact, i am assuming that once we are in Canada for good and yes let us consider that tighter window of PRO and give us 2, 3 more months and land in Dec 2018, why do we or even canadian govt need to care about PR? Since we are already in Canada and will be applying for citizenship by the end of Dec 2021.

Obviously we will provide documentary evidences proving that we are staying in Canada for the last 3 years. Do u think that there will be issues in applying for citizenship or as u said secondary review on eligibilty of citizenship....

Would appreciate responses from all members.....

Thanx

 

[canuck78]

When you come close to the minimum RO or you travel in and out of the country a lot they want to go through your movements more closely (secondary review) to make sure you actually were in the country and will ask for detailed records and then go through them which creates a delay in getting your renewed PR card.

 

[jollyjolly]

So if i understood you correctly that in order to apply for a citizenship u hv to hv a valid PR card. Is that what u mean? Pls clarify.

 

[Buletruck]

You don't need a valid PR card. Secondary often occurs when IRCC has doubts you actually meet RO. It doesn't mean you can't apply for citizenship, but it may not be processed until IRCC is satisfies you do meet RO. It may cause a delay of your citizenship application.
Remember, a pr card is really only a travel document to get to Canada. You can live in country, never leave and never require a new pr card.

 

[jollyjolly]

Alright...thank you all.