Returning to Canada after living 3 years outside

[praneet.ca]

Hello all,
I'm in a bit of a tricky situation. I got my PR in 2019 and spent about 47 days in in Canada in 2019. However, I had to return to India as my mother was hospitalised. I lost my mother the day I returned to India. My dad met with accident 2 weeks later and though recovered soon after, he was not in a great mental state. He also has heart and blood pressure related healthissues and being an only son I had to stay back and take care of him. Soon after the pandemic started and I also ended up getting married in Dec 2020. As it was an arranged marriage, i had to spend some time together before I could leave and move to canada. Now almost 3 years have lapsed and I'm planning to move back to Canada in July 2022. My PR expires in sept 2024 so I should be able to meet the 730 day requirement with 2-3 months to spare.
My question is can the officer report me under Section 44 when I arrive at canada airport? Also I wish to sponsor my wife once I arrive in Canada and I don't know how much time it will take to get a permanent job in Canada. How will this affect my spousal sponsorship? And can I get reported under Section 44 when I start my wife's PR application as well?
Please advise. I'm starting to wonder if the process is giong to be more trouble than its worth and if I should just give up on moving altogether. I'm very confused.

 

[armoured]

Hello all,
I'm in a bit of a tricky situation. I got my PR in 2019 and spent about 47 days in in Canada in 2019. However, I had to return to India as my mother was hospitalised. I lost my mother the day I returned to India. My dad met with accident 2 weeks later and though recovered soon after, he was not in a great mental state. He also has heart and blood pressure related healthissues and being an only son I had to stay back and take care of him. Soon after the pandemic started and I also ended up getting married in Dec 2020. As it was an arranged marriage, i had to spend some time together before I could leave and move to canada. Now almost 3 years have lapsed and I'm planning to move back to Canada in July 2022. My PR expires in sept 2024 so I should be able to meet the 730 day requirement with 2-3 months to spare.
My question is can the officer report me under Section 44 when I arrive at canada airport? Also I wish to sponsor my wife once I arrive in Canada and I don't know how much time it will take to get a permanent job in Canada. How will this affect my spousal sponsorship? And can I get reported under Section 44 when I start my wife's PR application as well?
Please advise. I'm starting to wonder if the process is giong to be more trouble than its worth and if I should just give up on moving altogether. I'm very confused.

So first: ignore the card date for now, as it has no bearing on the residency obligation. The important date is when you first landed in 2019. To guess for now that you landed in roughly July 2019, and stayed for 47 days, it does sound like you should be in compliance if you return in July. (Very important you check the exact dates and math! If it's easier, as long as you were out of Canada less than 1095 days, you will be in compliance).

Assuming that is accurate: no, the officer cannot report you. You can sponsor your spouse as long as you are in Canada when you submit the application. You will need to show ability to support her.

That's it. As long as you remain in Canada or do not travel outside of Canada more than the days you have remaining, no particular issues. (Put differently, it would be prudent to plan on remaining in Canada for basically the next two years, short trips within your RO count ok).

 

[canuck78]

Would make sure you remain compliant with your RO because the majority of your time in India would fall under personal choice. Things like needing to stay in India because you needed to stay with your spouse after your arranged marriage is viewed as personal choice. Many leave soon after their marriage in the exact same position. If your father had other family members around he didn’t require your support for multiple years. A few months may be understandable but not 3 years if he has other family members including what sounds like other children. To sponsor a spouse you should be compliant with your RO because whether you were compliant can be flagged at that point and you can reported for not meeting your RO as a result of your sponsorship application. Once in Canada you can apply for sponsorship and update your file once you find employment and update again once your savings have increased.