Right to enter Canada

[MatQue]

Hi guys,

I'll try to be clear and straightforward.

I have a pr card that is valid up to January/2022, but it's in Montreal at a friend's place. My process for pr card renewal was in secondary review for almost a year (May/2016 to March/2017). Next month I'm going back to Canada (August, 16th) with a PRTD expiring August, 18th. My question is: is there any way immigration officers could stop me from entering the country? By that date I will be outside the country for about 1 year and 5 months. Do I need to proof a minimum amount of money to be allowed to enter, after being out of the country for so long? I am in Brazil right now. Thank you very much!

 

[scylla]

No - you won't be stopped from entering.

 

[Buletruck]

As above, you won't be prevented from entering Canada, but how long have you been out of Canada in the last 5 years (from the date you intend to return)? With your current absence, do you still meet the 2 years in 5 requirement? If you don't meet the 2/5 RO you can still be reported, even with a renewed PR card or a PRTD. Something to keep in mind when planning your return.

 

[MatQue]

As above, you won't be prevented from entering Canada, but how long have you been out of Canada in the last 5 years (from the date you intend to return)? With your current absence, do you still meet the 2 years in 5 requirement? If you don't meet the 2/5 RO you can still be reported, even with a renewed PR card or a PRTD. Something to keep in mind when planning your return.

I'm quite worried right now. I thought I was cool because my card is renewed until January 18th, 2022. But 5 years before my return (August 16th, 2017) I will have been in Canada for just 1 year and 7 months

OMG

 

[canuck_in_uk]

I'm quite worried right now. I thought I was cool because my card is renewed until January 18th, 2022. But 5 years before my return (August 16th, 2017) I will have been in Canada for just 1 year and 7 months

OMG

As you will not meet the Residency Obligation, you may be reported by CBSA upon entry. Unless you have H&C grounds for not meeting the RO, your status would be revoked.

 

[dpenabill]

Next month I'm going back to Canada (August, 16th) with a PRTD expiring August, 18th. My question is: is there any way immigration officers could stop me from entering the country? By that date I will be outside the country for about 1 year and 5 months.

You will be allowed to enter Canada.

As already observed, there is the possibility of being issued a 44(1) Report followed by a Departure Order, thus terminating your PR status. But since that order is not immediately enforceable, and you remain a PR until it is enforceable, you will be allowed to enter Canada. The order will automatically become enforceable after 30 days unless you timely make an appeal. While you remain a PR pending appeal, you must win the appeal or that Departure Order will become enforceable. Again, that terminates the PR's status.

Generally, so far as we know, CBSA officers at a PoE will recognize the validity of the PR TD and allow entry into Canada based on it without challenging the positive Residency Determination made in the process of issuing the PR TD. However, the PR TD is NOT strictly let alone absolutely binding, even though it is usually controlling. (Am posting about this in another topic as well.) The problem is that you are really pushing the envelope, really cutting-it-close, razor-close. Your circumstances appear to be on the higher risk end of the spectrum.

By the way, what happens if your flight is delayed? You run into a personal situation delaying your departure? You miss getting on the flight, the odds of getting another PR TD will be dramatically more problematic.

Another caution: having the new PR card in hand will not affect any examination of your compliance with the PR RO. As Buletruck noted, a PR who does not meet the 730 days in five year obligation can be reported regardless having a valid PR card.