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Soft Landing Issue

mikda1033

Newbie
Jun 24, 2021
2
0
My COPR hasn't expired yet but will be very soon. I know that soft landing is not permitted at that time but not sure what to do. I can stay in Canada for at most 2 - 3 months after landing but after that I need to leave Canada and travel back to my original place shortly (but could be multiple times within a year) to deal with some private matters.

Will this violate the landing rules? If I decide not to come to Canada at that moment, will I lost the opportunity to validate my PR status forever?
 

BadGamer6

Champion Member
Aug 9, 2019
1,039
771
Toronto
My COPR hasn't expired yet but will be very soon. I know that soft landing is not permitted at that time but not sure what to do. I can stay in Canada for at most 2 - 3 months after landing but after that I need to leave Canada and travel back to my original place shortly (but could be multiple times within a year) to deal with some private matters.

Will this violate the landing rules? If I decide not to come to Canada at that moment, will I lost the opportunity to validate my PR status forever?
I'm not sure if there is a "soft landing" rule. I hope others can try to contribute a bit more here.
 

candadream

Full Member
Jun 24, 2021
45
0
About soft landing, the Gov official website says that you move to Canada to settle.

Also, you need to meet your RO = 2 years out of 5 years as PR.
 

mikda1033

Newbie
Jun 24, 2021
2
0
About soft landing, the Gov official website says that you move to Canada to settle.

Also, you need to meet your RO = 2 years out of 5 years as PR.
I know. But I am concerning about the word “settle”, is my case considered as “settle”? If not, will I be entitled to extend the COPR validity after it’s expiry date.
 

Sailee

Full Member
Jul 11, 2019
24
3
At the moment there are no soft landing rules. I know a lot of people who did soft landing recently, stayed for 2-3 days and came back.
 

DixvilleNotch

Hero Member
Mar 11, 2019
255
117
At the moment there are no soft landing rules. I know a lot of people who did soft landing recently, stayed for 2-3 days and came back.
Where does it say on the website that one must be landing to "settle permanently" and was there any update to this? Do you know any one who did soft-landing via air?
 

armoured

VIP Member
Feb 1, 2015
17,282
8,889
Where does it say on the website that one must be landing to "settle permanently" and was there any update to this? Do you know any one who did soft-landing via air?
This was on COVID related instructions that applied when entry was limited to canada. I do not know if that language is still there or still applies.

It's not clear to me that it was ever really enforced.
 

dpenabill

VIP Member
Apr 2, 2010
6,435
3,183
At the risk of opening a can of worms . . .

Anecdotal reporting almost overwhelmingly indicates that the so-called "soft-landing" is very common and in itself NOT a problem.

So I do not mean to raise unnecessary alarm. So it warrants emphasizing: many do this and there is little indication of problems doing so. (Apart from Covid-related travel restrictions, which unfortunately continue to cloud things.)

It also warrants noting and emphasizing that once the landing process is complete, the former Foreign National is a Canadian, a Canadian PR. A Permanent Resident of Canada. That's about "status." Once that is done, once the former FN is a PR, there are no restrictions limiting how soon or how often the PR leaves Canada. There is the PR Residency Obligation, limiting the total duration of time outside Canada, but that is a rather generous, flexible obligation, allowing the Canadian PR to leave and remain outside Canada for lengthy periods of time, years even.

So, once the FN with a PR visa is processed upon arrival, is "landed," they are a PR. If they walk through the airport to get to a flight leaving Canada that day, that does not undo the landing. They are a PR. Their travel outside Canada is then limited only by the PR RO.

Moreover, the biggest and most commonly reported problem related to the "soft-landing" is indeed the RO, the immigrant whose plan is to complete the formalities of landing, and not then stay in Canada, rather to leave and return to Canada later, months or a year or so after landing, but then running into this or that delaying the actual move to Canada for so long they have difficulty meeting the Residency Obligation.

Not sure how much more emphasis needs to be made that, from what we know, the soft landing is OK.

But, then, there is that can of worms I mentioned, and the risk of opening it . . . and there is what some might call "TECHNICALITIES" . . .

At the moment there are no soft landing rules.
YEP. There are no soft landing rules. Not at the moment. And none before.

There are no rules, regulations, policies, or publicly disclosed practices regarding the so-called "soft-landing." It is NOT like IRCC or CBSA or the Canadian government generally, provide for or even approve the so-called "soft-landing."

Technically . . . yeah, it is quite likely a can of worms . . . technically authorization to enter Canada to "become" a permanent resident (to "land") requires a FN with a PR visa to satisfy the examining officer they meet the obligations set out in paragraph 20(1)(a) IRPA, which includes "they have come to Canada in order to establish permanent residence."

Reference:​
-- For requirement to show obligations in Section 20(1)(a) are met in order to land see Section 21(1) here: https://laws-lois.justice.gc.ca/eng/acts/I-2.5/page-4.html#docCont

Coming to Canada to be a "Permanent Resident" does not meet this obligation. This is not about completing the procedures for obtaining PR status. It is about coming to Canada to "establish permanent residence."

So, technically, the soft-landing PR who is coming to Canada to complete the procedures for obtaining PR status with no current plan to actually establish permanent residence in Canada does not meet the requirements to be landed.

Practically this is NOT a problem, not so far as we know. For @DixvilleNotch, many, many forum participants have reported doing a soft-landing without that being a problem.

We have seen little indication that border officials conducting the landing interview so much as ask about the landing PR's future residential plans.

But I have little clue about how blatantly the landing PR can be about not coming, at the moment, to establish residence in Canada (let alone permanent residence) during the landing interview. My sense is this is one of those scenarios where if they do not ask, do not volunteer information scenarios. Moreover, I doubt that acknowledging "I can only stay a short while now, but will be back to stay after I get some things settled" will cause any problem at all.

All of which is to say the "soft-landing" plan is generally OK . . . but it is not as if it is an approved approach.
 
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DixvilleNotch

Hero Member
Mar 11, 2019
255
117
At the risk of opening a can of worms . . .

Anecdotal reporting almost overwhelmingly indicates that the so-called "soft-landing" is very common and in itself NOT a problem.

So I do not mean to raise unnecessary alarm. So it warrants emphasizing: many do this and there is little indication of problems doing so. (Apart from Covid-related travel restrictions, which unfortunately continue to cloud things.)

It also warrants noting and emphasizing that once the landing process is complete, the former Foreign National is a Canadian, a Canadian PR. A Permanent Resident of Canada. That's about "status." Once that is done, once the former FN is a PR, there are no restrictions limiting how soon or how often the PR leaves Canada. There is the PR Residency Obligation, limiting the total duration of time outside Canada, but that is a rather generous, flexible obligation, allowing the Canadian PR to leave and remain outside Canada for lengthy periods of time, years even.

So, once the FN with a PR visa is processed upon arrival, is "landed," they are a PR. If they walk through the airport to get to a flight leaving Canada that day, that does not undo the landing. They are a PR. Their travel outside Canada is then limited only by the PR RO.

Moreover, the biggest and most commonly reported problem related to the "soft-landing" is indeed the RO, the immigrant whose plan is to complete the formalities of landing, and not then stay in Canada, rather to leave and return to Canada later, months or a year or so after landing, but then running into this or that delaying the actual move to Canada for so long they have difficulty meeting the Residency Obligation.

Not sure how much more emphasis needs to be made that, from what we know, the soft landing is OK.

But, then,
there is that can of worms I mentioned, and the risk of opening it . . . and there is what some might call "TECHNICALITIES" . . .



YEP. There are no soft landing rules. Not at the moment. And none before.

There are no rules, regulations, policies, or publicly disclosed practices regarding the so-called "soft-landing." It is NOT like IRCC or CBSA or the Canadian government generally, provide for or even approve the so-called "soft-landing."

Technically . . . yeah, it is quite likely a can of worms . . . technically authorization to enter Canada to "become" a permanent resident (to "land") requires a FN with a PR visa to satisfy the examining officer they meet the obligations set out in paragraph 20(1)(a) IRPA, which includes "they have come to Canada in order to establish permanent residence."

Reference:​
-- For requirement to show obligations in Section 20(1)(a) are met in order to land see Section 21(1) here: https://laws-lois.justice.gc.ca/eng/acts/I-2.5/page-4.html#docCont

Coming to Canada to be a "Permanent Resident" does not meet this obligation. This is not about completing the procedures for obtaining PR status. It is about coming to Canada to "establish permanent residence."

So, technically, the soft-landing PR who is coming to Canada to complete the procedures for obtaining PR status with no current plan to actually establish permanent residence in Canada does not meet the requirements to be landed.

Practically this is NOT a problem, not so far as we know. For @DixvilleNotch, many, many forum participants have reported doing a soft-landing without that being a problem.

We have seen little indication that border officials conducting the landing interview so much as ask about the landing PR's future residential plans.

But I have little clue about how blatantly the landing PR can be about not coming, at the moment, to establish residence in Canada (let alone permanent residence) during the landing interview. My sense is this is one of those scenarios where if they do not ask, do not volunteer information scenarios. Moreover, I doubt that acknowledging "I can only stay a short while now, but will be back to stay after I get some things settled" will cause any problem at all.

All of which is to say the "soft-landing" plan is generally OK . . . but it is not as if it is an approved approach.
Hey, thanks so much for explaining this. I'm wondering if questions about "settling permanently" are asked at every landing interview? Or is it more common for folks traveling from the US? Do they look at other visas? For instance, if there's already a valid H1b in the passport? I guess I'm trying to understand what triggers this line of questioning in the first place?
 

Sailee

Full Member
Jul 11, 2019
24
3
Where does it say on the website that one must be landing to "settle permanently" and was there any update to this? Do you know any one who did soft-landing via air?
Yes yes. I know many of my friends who went in October, November 2021 and came back in 3-4 days and got started on their PR card process. One is still there and coming back tomorrow on H-1B Automatic Renewal.