Entering with valid PR card but cannot anymore meet 730 days RO

[kyu010170]

Hello all, please I need your valuable inputs.

I became PR in 2010. To date, I have lived total of 500 days in Canada (entered and left on different occasions). I need 230 days to complete my residency obligation.

Me and my spouse were scheduled to leave for Canada last week which would have allowed me to stay in Canada 246 days if I never left until the 5th year anniversary of becoming PR.

We could not have foreseen it coming but my spouse would need a major surgery (hysterectomy after biopsy procedure last week). Surgery is scheduled for next week and would normally require 2 months of recovery. Per the surgeon, we could actually fly out only a month after surgery.

There will be nobody who will take care of her (she will need complete bed rest and cannot do any household chore) and also she will need my assistance when she goes on the long haul flight to Canada also to meet her RO as she will be prohibited from doing any lifting in the next 2 months.

My problem is this: When we return to Canada, I will only have 215 days left on the calendar to complete the 230 days required to maintain PR by 5th year. Bottomline: I will be short by 15 days to meet RO assuming we stay throughout the duration of the required period. My wife will not have that problem because assuming she stays put, she will have 15 months left on the calendar to meet her 11 months required stay.

Given our situation, please advise :

(1) would you think I will have a problem upon re-entry into Vancouver airport? (My wife should be ok because she has 15 months to complete required 11 months RO);

(2) should I get reported because I need 230 days to complete RO but will only have 215 days left on the calendar until the 5th year of my landing, then my plan is to appeal under humanitarian and compassionate clause (unplanned surgery after biopsy results only last week). We will have hospital records to show for the hysterectomy. What would be the likely outcome of this type of appeal, in your opinion?

Many thanks in advance.

 

[keesio]

1) No one can say for sure. It really depends on the CBSA officer. You may get really unlucky and get an officer who feels like giving you a hard time. But it seems like for the most part most people get in without issue. Now one new wrinkle is that many of the international airports are getting the automated kiosk that scan your PR card. I'm not sure how this works and if the kiosk will flag you to talk to an officer. probably it will just let you through without issue. I'm not sure

2) I think you have a decent case for H&C.

 

[kyu010170]

Thank you for your reply, Keeslo.

Can an immigration officer refuse my re-entry on the ground that I only have 215 calendar days before the 5th anniversary of my landing and cannot anymore meet my needed 230 days to meet RO? Or is the policy to allow entry and report in the system if immigration officer realizes I can't anymore meet RO?

 

[keesio]

Can an immigration officer refuse my re-entry on the ground that I only have 215 calendar days before the 5th anniversary of my landing and cannot anymore meet my needed 230 days to meet RO? Or is the policy to allow entry and report in the system if immigration officer realizes I can't anymore meet RO?

The officer cannot refuse re-entry. They have to let you in. The question is if they will check to see if you can make your 230 days before your PR card expires and if they find that you can't, if they will report you or not.

So the question is if you will be reported or not. You will always be let in.

 

[kyu010170]

Should we get interviewed by an immigration officer upon reentry when he sees I won't be able to meet 730 days even if I stayed til the 5th anniversary of my landing, our plan is to explain our absence by showing hospital documents for unexpected hysterectomy and they can even physically check my wife's scar if they deem it necessary and just hope that I will not get reported.

Thank you Keeslo.

 

[keesio]

Should we get interviewed by an immigration officer upon reentry when he sees I won't be able to meet 730 days even if I stayed til the 5th anniversary of my landing, our plan is to explain our absence by showing hospital documents for unexpected hysterectomy and they can even physically check my wife's scar if they deem it necessary and just hope that I will not get reported.

Thank you Keeslo.

Yes, carry proof about your wife's medical condition and procedure and if you end up being questioned by a CBSA officer about your long absence, tell him about it and show the proof if requested. Chances are that the officer will give you some leeway and just let you in without reporting. You never know as you can get unlucky and get some officer who is in a bad mood or wants to follow the letter of the law exactly or whatever but I think they will usually give you some slack.

Also, only need to volunteer information if they actually start questioning you. No need to bring anything up on your own if they are not going to even check your RO. They may not even really look at your current RO and simply just let you in regardless. Many times they just look to see if your PR card expired.

 

[Rob_TO]

Yes, carry proof about your wife's medical condition and procedure and if you end up being questioned by a CBSA officer about your long absence, tell him about it and show the proof if requested.

Yes and just to reinforce, only offer up the H&C reason if your RO is brought up by CBSA and becomes an issue. If you simply bring it up on your own, then you may push the CBSA officers hand to start looking into your RO where they may not have done so initially. While you must not lie to CBSA and be totally honest if they ask you questions on specific dates of exit/entry to Canada, and how long you were away for (they have ways of checking this anyways)... you certainly don't have to volunteer that info if they don't ask.

Under a worst case scenario, you will have at least 2 chances to present your H&C reasons before your PR would be revoked. First is with CBSA, and if CBSA still decides to report you for RO then you will get another chance to present your H&C reasons at a hearing with CIC. And if they reject your claim I think there is actually a 3rd chance you could present your H&C reasons and that's if you decided to appeal CIC's decision.

 

[kyu010170]

Keesio and Rob TO, thank you very much for all these helpful information