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

[scylla]

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

Landing.

 

[PMM]

Hi

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

1. Date of "landing"

 

[Kanedaa]

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.

Wrong - You can leave Australia.
Try not to convince yourself. You need to choose either Canada or Australia and in future when you enter Canada, border officials will interview & they catch false stories. Also your willingness not to enter Canada will go against you.

 

[limhockkiong]

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

On first landing.

 

[limhockkiong]

Wrong - You can leave Australia.
Try not to convince yourself. You need to choose either Canada or Australia and in future when you enter Canada, border officials will interview & they catch false stories. Also your willingness not to enter Canada will go against you.

Yes, nothing is impossible. I am told, leaving my job, buying a one way ticket, cancelling my current apartment lease and demonstrating all these to the Australian government guarantees an exit. That makes sense for the Australian government as there is no further risks imposed on the Australian public due to my travel.

I asked because I wanted to know anyone might know there is consideration for circumstances like mine by the Canadian government. A PR who is a tax resident (and paying), unable to sustain a life for his family in Canada without a job and therefore has to work outside to provide the financial means but given the current travel restrictions the 2 years RO is no longer feasible with the original plan of rotating in and out of Canada/Australia. Previously, I would have been able to travel back and forth to meet the 2 years RO. Currently, it is not possible to leave Australia without exceptional circumstances and the cost of quarantine in Australia is prohibitively high.

Rules are clear and several here have re-iterated. Thanks for that. And am a little lost with the "false stories" part. I'm not looking for a loophole or fabricating some stories. I am thinking ahead of my options and genuinely came here to seek experience and knowledge. I'd appreciate forumers to refrain from judgments (obviously I am failing).

"Willingness" in my case (and possibly many others too) comes at a price. Not everyone has the same luxury or financial capability to be able to demonstrate the same level of "willingness".

I have received my answers and I do not expect further useful advice going further.

Cheers.

 

[canuck78]

Yes, nothing is impossible. I am told, leaving my job, buying a one way ticket, cancelling my current apartment lease and demonstrating all these to the Australian government guarantees an exit. That makes sense for the Australian government as there is no further risks imposed on the Australian public due to my travel.

I asked because I wanted to know anyone might know there is consideration for circumstances like mine by the Canadian government. A PR who is a tax resident (and paying), unable to sustain a life for his family in Canada without a job and therefore has to work outside to provide the financial means but given the current travel restrictions the 2 years RO is no longer feasible with the original plan of rotating in and out of Canada/Australia. Previously, I would have been able to travel back and forth to meet the 2 years RO. Currently, it is not possible to leave Australia without exceptional circumstances and the cost of quarantine in Australia is prohibitively high.

Rules are clear and several here have re-iterated. Thanks for that. And am a little lost with the "false stories" part. I'm not looking for a loophole or fabricating some stories. I am thinking ahead of my options and genuinely came here to seek experience and knowledge. I'd appreciate forumers to refrain from judgments (obviously I am failing).

"Willingness" in my case (and possibly many others too) comes at a price. Not everyone has the same luxury or financial capability to be able to demonstrate the same level of "willingness".

I have received my answers and I do not expect further useful advice going further.

Cheers.

Why isn't your family relocating to Australia? You have a good job there and PR. Getting a job in oil and gas is unlikely in Canada so why isn't your whole family considering a move to Australia?

 

[limhockkiong]

Why isn't your family relocating to Australia? You have a good job there and PR. Getting a job in oil and gas is unlikely in Canada so why isn't your whole family considering a move to Australia?

@canuck it's a personal question. Ultimately, if I still have a job in Australia (nothing is certain these days), and the Canadian process is impossible, then yes. Australia it is.

 

[canuck78]

@canuck it's a personal question. Ultimately, if I still have a job in Australia (nothing is certain these days), and the Canadian process is impossible, then yes. Australia it is.

You have options. If you can't find a job in Canada then your family coming to Australia is a viable option given that you have PR.

 

[mira_johnson]

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

The date of first landing

 

[ITmanEU]

Yes, nothing is impossible. I am told, leaving my job, buying a one way ticket, cancelling my current apartment lease and demonstrating all these to the Australian government guarantees an exit. That makes sense for the Australian government as there is no further risks imposed on the Australian public due to my travel.

I asked because I wanted to know anyone might know there is consideration for circumstances like mine by the Canadian government. A PR who is a tax resident (and paying), unable to sustain a life for his family in Canada without a job and therefore has to work outside to provide the financial means but given the current travel restrictions the 2 years RO is no longer feasible with the original plan of rotating in and out of Canada/Australia. Previously, I would have been able to travel back and forth to meet the 2 years RO. Currently, it is not possible to leave Australia without exceptional circumstances and the cost of quarantine in Australia is prohibitively high.

Rules are clear and several here have re-iterated. Thanks for that. And am a little lost with the "false stories" part. I'm not looking for a loophole or fabricating some stories. I am thinking ahead of my options and genuinely came here to seek experience and knowledge. I'd appreciate forumers to refrain from judgments (obviously I am failing).

"Willingness" in my case (and possibly many others too) comes at a price. Not everyone has the same luxury or financial capability to be able to demonstrate the same level of "willingness".

I have received my answers and I do not expect further useful advice going further.

Cheers.

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.

All though not in the same country as you and with different type of restriction, but I can relate to the situation you describe.

If you are booking via AirBnb to secure a place for quarantine, I advise you to limit the duration of your first booking for the quarantine period duration only (14 days) and to pick the refundable option if available (more expensive). This is more costly but will mitigate the risk of flight cancellation. Once you are in Canada, your next booking will be subject to less uncertainty at that point and you could pick the non refundable option.

 

[ACHANNAP]

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?

I am in similar situation and currently, stuck in Australia.. We as family of 5 had plans to move to Canada from Australia 2020 beginning and having young kids was not safe due to covid. We tried booking the flights 2020 end but the tickets are being cancelled and postponed as there is strict travel restrictions.Hopefully, we can travel only during 2021 end. In that case we only can live in Canada on valid PR status for an year. Do we hold chance o PR renewed in this case.

 

[steaky]

I am in similar situation and currently, stuck in Australia.. We as family of 5 had plans to move to Canada from Australia 2020 beginning and having young kids was not safe due to covid. We tried booking the flights 2020 end but the tickets are being cancelled and postponed as there is strict travel restrictions.Hopefully, we can travel only during 2021 end. In that case we only can live in Canada on valid PR status for an year. Do we hold chance o PR renewed in this case.

Actually the travel restriction started in March, and you could have traveled in January and February 2020. We saw young children traveled during covid too. Besides, depending which flight, it was safe to travel for anyone including young kids.

 

[canuck78]

I am in similar situation and currently, stuck in Australia.. We as family of 5 had plans to move to Canada from Australia 2020 beginning and having young kids was not safe due to covid. We tried booking the flights 2020 end but the tickets are being cancelled and postponed as there is strict travel restrictions.Hopefully, we can travel only during 2021 end. In that case we only can live in Canada on valid PR status for an year. Do we hold chance o PR renewed in this case.

Unless you have infants children are the least affected by covid. The fact that children were at very low risk of severe infections with covid was identified very early. Most children are asymptomatic carriers.

 

[canuck78]

I am in similar situation and currently, stuck in Australia.. We as family of 5 had plans to move to Canada from Australia 2020 beginning and having young kids was not safe due to covid. We tried booking the flights 2020 end but the tickets are being cancelled and postponed as there is strict travel restrictions.Hopefully, we can travel only during 2021 end. In that case we only can live in Canada on valid PR status for an year. Do we hold chance o PR renewed in this case.

When did you do your soft landing? How much time have you spent in Canada? Are you all PRs? If not what is the citizenship of your children?

 

[aeroknotz]

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!

Hi, I’m in a similar situation, but in UK now. Just wanted to check if you’ve confirmed with the visa office or an immigration lawyer what would happen? Similar to your case, I was also planning to relocate during May 2020, but had to postpone due to COVID-19.