RO Obligations

[Smile24x7]

You will need to make sure you continue to meet the 730 day out of 5 years when outside Canada.

Thank you @armoured for your valuable comments!

Thank you @canuck78 ! However may you clarify your point please? Does it mean I need to meet 730 days RO during my first 5 year from receiving PR?

 

[Bloodrose]

Thank you @armoured for your valuable comments!

Thank you @canuck78 ! However may you clarify your point please? Does it mean I need to meet 730 days RO during my first 5 year from receiving PR?

Yes.730 days from the day you landed and including that day itself.

 

[armoured]

Thank you @armoured for your valuable comments!

Thank you @canuck78 ! However may you clarify your point please? Does it mean I need to meet 730 days RO during my first 5 year from receiving PR?

To be clear: it is a rolling commitment - 730 days in any five-year period. First to the five year anniversary of first landing, and then at any examination date.

Specifically: you will 'lose' days from early in your period as new ones are added (or if out of country, subtracted).

On a day to day basis while in Canada is not so important - but it is important on any filing or examination day (eg submission of PR card renewal docs or examination at border).

For example: if you submit a renewal doc on feb 28 2022 (or cross border on the same date), the period of relevance is 28 feb 2017 to 28 feb 2022. Same principle on any day.

(Note during first five years you are given 'credit' for any days remaining to first anniversary of landing)

 

[mannu2489]

Hi,
Quite helpful information.
In my case, I soft landed in Canada on 15th Feb 2018 and returned on 28th Feb 2018. Now, I have my flight booked for 20th March 2021.
Based on above information, my RO is getting short by approx. 20 days and it would be difficult to make changes to my schedule.
Could you please guide what happens in such scenario, When I land in Canada on 20th March, what is the usual procedure?
I plan to stay put in Canada post 20th March for next 2 years to complete by RO.
Just wanted to understand what implication it could have for me right now when I land there.
Thanks

 

[harirajmohan]

Hi,
Quite helpful information.
In my case, I soft landed in Canada on 15th Feb 2018 and returned on 28th Feb 2018. Now, I have my flight booked for 20th March 2021.
Based on above information, my RO is getting short by approx. 20 days and it would be difficult to make changes to my schedule.
Could you please guide what happens in such scenario, When I land in Canada on 20th March, what is the usual procedure?
I plan to stay put in Canada post 20th March for next 2 years to complete by RO.
Just wanted to understand what implication it could have for me right now when I land there.
Thanks

It depends on officer.
Implication: If officer determines that you have not met residency then he/she will inform immigration on proceeding to revoke your status but you will be let inside and deal with cic and court. https://www.lexology.com/library/detail.aspx?g=92ba94bd-91d5-48f7-8d01-349959f67c6d
https://www.cicnews.com/2017/01/number-canadian-immigrants-issued-removal-orders-more-than-doubled-between-2008-2014-018817.html#gs.rvgo9j

Cant you fly few weeks before? You cant be thinking about saving few $ when it comes to retaining PR status.

 

[mannu2489]

Thanks for the response.
It is not about the money but due to family issue. I will re-evaluate the re-scheduling option.

 

[armoured]

Thanks for the response.
It is not about the money but due to family issue. I will re-evaluate the re-scheduling option.

You do not say what your 'family issue' is, but note that the officers must consider humanitarian and compassionate reasons. I.e. you get a chance to explain your non-compliance.

To some degree covid-related reasons (including eg planning due to recent changes on isolation and testing etc on arrival) are also obvious and justifiable reasons. Not a guarantee but they must be considered.

No-one can say for certain how it will go at the border; neither is covid an 'exemption' from the residency obligation.

BUT in the circumstances there is a better than reasonable chance that a ~30 day gap will not be considered grounds for a report (or, in the event it is, decent grounds to win an appeal - and border officers don't like to start cases that they think will not hold, i.e that the PR will win on appeal). As noted, regardless, you will be let into the country and can remain legally unless and until PR status is formally revoked.

Note though: any leniency accorded this time may not apply in future examinations (departure and re-entry). I.e. practically you may have less room to comfortably travel abroad (without taking risks with your PR status) should you have family issues or other need to travel abroad. So by arriving quite late in your five-year initial period, you will have less flexibility. Just so you are aware.

 

[mannu2489]

thank you @armoured for the elaborate and informative response.

Unfortunately, my entire family contracted COVID and then, there was a mishap in my family in January due to COVID. All this shifted my plans to wrap everything here by almost a month.

Thank you for sharing the possible scenarios. I will take all this into consideration while updating my plans.

 

[armoured]

thank you @armoured for the elaborate and informative response.

Unfortunately, my entire family contracted COVID and then, there was a mishap in my family in January due to COVID. All this shifted my plans to wrap everything here by almost a month.

Thank you for sharing the possible scenarios. I will take all this into consideration while updating my plans.

While it can always be said that someone 'could have returned sooner,' that type of issue should be considered under the H&C considerations. I would hope (and think, frankly) that they will understand and not go the steps of reporting.

Good luck.