Unable to meet the 730 days residence requirement due to Covid-19

[limhockkiong]

Hi, I have been working outside of Canada but originally planned to have a combination of work from home and outside Canada (where job is) such that I can fulfill the 730 days (2 years) minimum physical residence requirement in order for me to qualify for a PR renewal when my PR visa expires. However, due to the travel restrictions as a result of Covid-19, my plan changed and I remain stuck in the country where I currently work (outside Canada).

Does anyone know if there are considerations given by the Government of Canada due to this circumstance?

Any real life examples you are aware of?

TIA!

 

[scylla]

Hi, I have been working outside of Canada but originally planned to have a combination of work from home and outside Canada (where job is) such that I can fulfill the 730 days (2 years) minimum physical residence requirement in order for me to qualify for a PR renewal when my PR visa expires. However, due to the travel restrictions as a result of Covid-19, my plan changed and I remain stuck in the country where I currently work (outside Canada).

Does anyone know if there are considerations given by the Government of Canada due to this circumstance?

Any real life examples you are aware of?

TIA!

There is no official consideration being given due to COVID. The same residency rules still apply.

Note that as a PR, you are free to travel to Canada.

 

[dpenabill]

Hi, I have been working outside of Canada but originally planned to have a combination of work from home and outside Canada (where job is) such that I can fulfill the 730 days (2 years) minimum physical residence requirement in order for me to qualify for a PR renewal when my PR visa expires. However, due to the travel restrictions as a result of Covid-19, my plan changed and I remain stuck in the country where I currently work (outside Canada).

Does anyone know if there are considerations given by the Government of Canada due to this circumstance?

Any real life examples you are aware of?

TIA!

To be clear, there is NO renewal of PR status. If you landed and became a PR, you do not have a "PR visa." Rather, you have status as a Canadian, a Canadian Permanent Resident. There is no need to renew this status.

That is, PR status does NOT expire.

If you have been outside Canada for more than 1095 days total since the date you landed (assuming you landed within the last five years), you are already in breach of the Residency Obligation. If this is the situation, your best chance of keeping PR status is to come to Canada to stay as soon as possible.

Assuming you have a valid PR card, you can still board a flight headed to Canada.

So far there is NO formal policy specifically regarding the impact of Covid-19 on the enforcement of the PR Residency Obligation. So far, no formal policy excusing a breach of the RO because of Covid-19.

The existing rules and formal policy, nonetheless, already cover it to the extent that H&C factors may allow Canadian officials to, in effect, excuse the breach.

In particular, to the extent a PR fails to comply with the RO due to extenuating circumstances, those circumstances MUST BE CONSIDERED before issuing a Removal Order or before denying a visa office application for a PR Travel Document or before denying a PR card application based on a failure to comply with the RO (of course the PR must present credible evidence of the facts constituting extenuating circumstances). Obviously, the impact of Covid-19 is a circumstance which will be taken into consideration in this way.

But to what extent it will allow a particular PR leniency in the enforcement of the RO is something that will vary, and probably vary a great deal, depending on the individual PR's circumstances. Here again, the sooner the PR gets to Canada the better chance the PR has of keeping PR status.

Caution: if you pass the 1095 days outside Canada threshold during your first five years, assuming the PoE officials allow you to enter Canada without issuing a Report for the RO breach, to safely keep PR status you will then need to STAY in Canada long enough to cure the breach. For many this means staying for TWO STRAIGHT YEARS. And a PR in this situation generally should NOT apply for a new PR card until the breach of the RO is fully cured.

Reminder: applying for and being issued a new PR card does NOT restart the clock. Once a PR has been a PR for five years, compliance with the RO depends on being IN Canada at least two years within the previous five . . . every day. Expiration date on the PR card is NOT relevant.

 

[limhockkiong]

To be clear, there is NO renewal of PR status. If you landed and became a PR, you do not have a "PR visa." Rather, you have status as a Canadian, a Canadian Permanent Resident. There is no need to renew this status.

That is, PR status does NOT expire.

If you have been outside Canada for more than 1095 days total since the date you landed (assuming you landed within the last five years), you are already in breach of the Residency Obligation. If this is the situation, your best chance of keeping PR status is to come to Canada to stay as soon as possible.

Assuming you have a valid PR card, you can still board a flight headed to Canada.

So far there is NO formal policy specifically regarding the impact of Covid-19 on the enforcement of the PR Residency Obligation. So far, no formal policy excusing a breach of the RO because of Covid-19.

The existing rules and formal policy, nonetheless, already cover it to the extent that H&C factors may allow Canadian officials to, in effect, excuse the breach.

In particular, to the extent a PR fails to comply with the RO due to extenuating circumstances, those circumstances MUST BE CONSIDERED before issuing a Removal Order or before denying a visa office application for a PR Travel Document or before denying a PR card application based on a failure to comply with the RO (of course the PR must present credible evidence of the facts constituting extenuating circumstances). Obviously, the impact of Covid-19 is a circumstance which will be taken into consideration in this way.

But to what extent it will allow a particular PR leniency in the enforcement of the RO is something that will vary, and probably vary a great deal, depending on the individual PR's circumstances. Here again, the sooner the PR gets to Canada the better chance the PR has of keeping PR status.

Caution: if you pass the 1095 days outside Canada threshold during your first five years, assuming the PoE officials allow you to enter Canada without issuing a Report for the RO breach, to safely keep PR status you will then need to STAY in Canada long enough to cure the breach. For many this means staying for TWO STRAIGHT YEARS. And a PR in this situation generally should NOT apply for a new PR card until the breach of the RO is fully cured.

Reminder: applying for and being issued a new PR card does NOT restart the clock. Once a PR has been a PR for five years, compliance with the RO depends on being IN Canada at least two years within the previous five . . . every day. Expiration date on the PR card is NOT relevant.

Thanks @dpenabill. This is excellent response.

How can I pro-actively present evidence of the extenuating circumstances if I know I will not be able to meet the RO as a result of Covid-19? Is there any department or e-mail address I can write to and present my evidence pro-actively while I explain how I will make every possible endeavour to fulfill the RO which still cannot guarantee I can fulfill the RO due to Covid-19?

 

[limhockkiong]

There is no official consideration being given due to COVID. The same residency rules still apply.

Note that as a PR, you are free to travel to Canada.

Thanks @scylla.

I am aware I can return to Canada as a PR. However, I am also a PR of Australia where I currently work. Unfortunately, Australia does not allow its citizens and PR's to leave the country without any exceptional circumstances. And the exceptional circumstances are truly restrictive to the effect that many families have been separated geographically. I can only leave Australia after being granted a permission by the Australian Border Force in addition to the challenges of skyrocket air ticket fares for any flights out of Australia which are constantly subject to cancellations.

@dpenabill's response sounds logical and reasonable. I wonder if my circumstances constitute to extenuating circumstances, then again, as mentioned, it will vary depending on the CBSA officer at the PoE.

Any thoughts on how to go about with this? I thought of pro-actively reaching out to IRCC to present my circumstances and evidence of Australian Border Force rejections to my request to leave Australia. I also wonder if there are others in similar situations.

 

[canuck78]

Thanks @dpenabill. This is excellent response.

How can I pro-actively present evidence of the extenuating circumstances if I know I will not be able to meet the RO as a result of Covid-19? Is there any department or e-mail address I can write to and present my evidence pro-actively while I explain how I will make every possible endeavour to fulfill the RO which still cannot guarantee I can fulfill the RO due to Covid-19?

You seem to think you have extenuating circumstances but never having a plan to find a job in Canada is not extenuating circumstaances and was a personal choice. The fact that you were unable to travel back and forth to slowly accumulate time in Canada during holidays or periods when you could work from home is unfortunate but you always had the option to leave your job and seek employment in Canada.

 

[scylla]

Thanks @scylla.

I am aware I can return to Canada as a PR. However, I am also a PR of Australia where I currently work. Unfortunately, Australia does not allow its citizens and PR's to leave the country without any exceptional circumstances. And the exceptional circumstances are truly restrictive to the effect that many families have been separated geographically. I can only leave Australia after being granted a permission by the Australian Border Force in addition to the challenges of skyrocket air ticket fares for any flights out of Australia which are constantly subject to cancellations.

@dpenabill's response sounds logical and reasonable. I wonder if my circumstances constitute to extenuating circumstances, then again, as mentioned, it will vary depending on the CBSA officer at the PoE.

Any thoughts on how to go about with this? I thought of pro-actively reaching out to IRCC to present my circumstances and evidence of Australian Border Force rejections to my request to leave Australia. I also wonder if there are others in similar situations.

Did you already try applying for permission to leave?

I have friends in a sort of similar situation to you. They got permission to leave Australia and are in Canada now. They received approval since they were relocating to live in Canada. Australia is most concerned with people leaving and then returning. Since their trip was one way, it seemed pretty straight forward to secure approval.

 

[limhockkiong]

You seem to think you have extenuating circumstances but never having a plan to find a job in Canada is not extenuating circumstaances and was a personal choice. The fact that you were unable to travel back and forth to slowly accumulate time in Canada during holidays or periods when you could work from home is unfortunate but you always had the option to leave your job and seek employment in Canada.

@canuck Thanks for your comment.

I have been searching for a job since before I arrived in Canada the first time including doing a stint with Uber. I work in the O&G industry which is, unfortunately, badly hit and am open to other industries and have consistently been making applications, networking, etc you know the drill.

I can leave the job and return to work for Costco, Superstore etc but it wouldn't pay the bills and mortgage. I could sell my house and rent off a cheap basement working 10 hours in Costco and a few hours of doordash/Uber but I think my family's experience of settling in our new country would become extremely challenging and then it comes down to how much we want this. So before going down this path, I want to see if there is a case. I might think it is extenuating, you probably don't, some others in my position might too, who knows what. Hence I am exploring options.

 

[limhockkiong]

Did you already try applying for permission to leave?

I have friends in a sort of similar situation to you. They got permission to leave Australia and are in Canada now. They received approval since they were relocating to live in Canada. Australia is most concerned with people leaving and then returning. Since their trip was one way, it seemed pretty straight forward to secure approval.

@scylla - applied and rejected. I guess the ultimate way is to have a one way trip as you said. Unfortunately, I still need to put on the table (my reply to @canuck78).

I am open to hearing more ideas, keep them coming.

 

[scylla]

@scylla - applied and rejected. I guess the ultimate way is to have a one way trip as you said. Unfortunately, I still need to put on the table (my reply to @canuck78).

I am open to hearing more ideas, keep them coming.

So really the limiting factor for you is not travel restrictions, but employment. The travel restriction issue becomes a non-issue if you are permanently relocating to Canada to meet the residency requirement. Generally speaking, IRCC doesn't accept employment as an H&C reason for failing to meet the residency requirement.

You're basically at a cross-roads right now and need to make a personal decision on which path to take. There's no point contacting IRCC now since they won't give you any kind of pass or exception in advance. Your choices are:

1) Remain in Australia until you are ready to try to move to Canada. Assuming you move to Canada after you've been outside of Canada for more than three years, there will be a risk you'll be reported at the border for failing to meet the residency requirement and a risk you may lose PR. If you remain in Australia, you'll need to accept this risk. There's no way to mitigate it.
2) Make Canadian PR your priority and relocate back to Canada before you have been outside of Canada for more than three years. This is the only way you can guarantee that your Canadian PR status will be safe.

Any chance your Australian employer would allow you to work remotely from Canada?

 

[limhockkiong]

@scylla

Yes, ultimately it is the employment and travel restrictions made my work from home + Australia combination to achieve the RO unlikely to be possible now.

Yes, I have worked remotely in Canada but there is pressure not to do for too long. While not officially communicated (and probably never will), management's preference is to have more staffs returning to office with less working from home days for reasons of collaborative work environment. Additionally, there are tax implications for staying outside of Australia for more than 180 days in a tax year.

Indeed at cross roads. Am leaning towards resigning / taking unpaid leave to be in Canada (and with family) but need to make sure I have financial reserves and maybe survival jobs to slow the bleed.

I take it that you are of the view IRCC will not consider the plight of my employment search endeavours and the travel restrictions impeding my work from home and Australia rotational schedule to fulfill my RO viable. Thanks for sharing your thoughts and much appreciated.

Keen to hear thoughts from others too.

 

[scylla]

@scylla

Yes, ultimately it is the employment and travel restrictions made my work from home + Australia combination to achieve the RO unlikely to be possible now.

Yes, I have worked remotely in Canada but there is pressure not to do for too long. While not officially communicated (and probably never will), management's preference is to have more staffs returning to office with less working from home days for reasons of collaborative work environment. Additionally, there are tax implications for staying outside of Australia for more than 180 days in a tax year.

Indeed at cross roads. Am leaning towards resigning / taking unpaid leave to be in Canada (and with family) but need to make sure I have financial reserves and maybe survival jobs to slow the bleed.

I take it that you are of the view IRCC will not consider the plight of my employment search endeavours and the travel restrictions impeding my work from home and Australia rotational schedule to fulfill my RO viable. Thanks for sharing your thoughts and much appreciated.

Keen to hear thoughts from others too.

Is your spouse in Canada with either PR or citizenship? If so, your spouse can always sponsor you for PR if you lose your status.

IRCC generally doesn't accept employment as a reason for failing to meet RO. Your real issue isn't travel restrictions. It's not wanting to give up your job outside of Canada. Let's say COVID had never happened. My bet is that you would still be struggling to know what to do and not wanting to give up your job in Australia.

Ultimately there's no way for you to find out now how IRCC will look at this. And there's no way for you to get any sort of exception now. You have to make a decision based on the residency requirement being 2 out of 5 years and knowing you would have to move to Canada soon to meet it. That's the only way to safeguard your PR status, regardless of what any of us say here. I'm not sure what more advice you're expecting or looking for.

 

[limhockkiong]

@scylla - spouse is a PR too. This would be an option.

If covid never happened, I would have a rotational work schedule where I'd spend half my time in Canada and the other half in Australia. With covid, this is impossible.

 

[canuck78]

@scylla - spouse is a PR too. This would be an option.

If covid never happened, I would have a rotational work schedule where I'd spend half my time in Canada and the other half in Australia. With covid, this is impossible.

The oil and gas sector is not going to change anytime soon. You applied for PR knowing the sector was struggling in Canada. Like others you will likely have to work in another indutry in Canada. Perhaps Canada is not a good fit for your family. Would mention that if your family is living in Canada you are a tax resident in Canada and must pay both Australian and Canadian taxes on your income although you will avoid double because of tax treaties.

 

[monavy]

So this 5 year period - when does it start? from the date of first landing or the date of PR card issue?