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short of permanent residency obligation

V

venka

Member
Jan 10, 2013
12
0
Hi Everyone,

My wife and I have become landed PRs on March 14, 2017. My wife spent approximately 420 days in Canada whereas I have spent 180 days. My wife was working around 350 out of 420 days and I was working around 170 out of 180 days. My two and half year old son was born in Canada and he is a Canadian Citizen. All the three of us returned to India on May 05, 2018. Our PRs are expiring on May 23, 2022. We had planned to move to Canada permanently in May 2020. However, we had to change our plans because of ongoing Corona pandemic. We are planning to move to Canada in the first week of December 2020.

As of now, I am out of Canada for 1066 days, whereas my wife is out of Canada for 826 days. If we travel to Canada on December 05, 2020, I will be outside for 1175 days whereas my wife will be outside for 942 days.

In this case, according to the information I have regarding PR requirements, my wife’s RO will be safe but my RO will be short by three months in the five years from the landing date. We would like to cross into Canada via Road. Please advise us when to go back to Canada.

My question is if we go in December 2020, will there be any problem? Please advise us. Your help will be highly appreciated.

Thanks and regards
Venkat
 
primaprime

primaprime

VIP Member
Apr 6, 2019
3,387
884
You can return to Canada at any time and should do so as soon as possible.

At the border you may be allowed to enter with no issues, in which case you should remain in Canada until you meet your RO. Even though this will be after your PR card expires, you can stay in Canada and wait until then to apply for a new PR card. Your PR status is not tied to the card as that is only a travel document.

Or, you may be reported for failure to meet your RO and entered into revocation proceedings. You could still enter and remain in Canada while those are pending and you get a lawyer. At that point you could argue you deserve to keep PR, notwithstanding the breach of the RO, on humanitarian and compassionate grounds—namely, it would be in the best interest of your child to live with both of their parents.

However, this is far from guaranteed. COVID is not an excuse for not coming back, as you still had the previous three years to live in Canada but chose not to. Good luck.
 
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V

venka

Member
Jan 10, 2013
12
0
primaprime said:
You can return to Canada at any time and should do so as soon as possible.

At the border you may be allowed to enter with no issues, in which case you should remain in Canada until you meet your RO. Even though this will be after your PR card expires, you can stay in Canada and wait until then to apply for a new PR card. Your PR status is not tied to the card as that is only a travel document.

Or, you may be reported for failure to meet your RO and entered into revocation proceedings. You could still enter and remain in Canada while those are pending and you get a lawyer. At that point you could argue you deserve to keep PR, notwithstanding the breach of the RO, on humanitarian and compassionate grounds—namely, it would be in the best interest of your child to live with both of their parents.

However, this is far from guaranteed. COVID is not an excuse for not coming back, as you still had the previous three years to live in Canada but chose not to. Good luck.
Click to expand...
Hi primaprime, Thank you so much. I am also hoping for wider responses from other members.
 
ishangodbole

ishangodbole

Hero Member
Feb 26, 2018
453
259
What primaprime said is pretty much true and straightforward. What else are you looking to hear from others?

You are not in breach of RO yet, not until 2021 anyway.
 
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