Entry into Canada.

[CHEERSMAN]

Hi Leon

I landed on 20th April 2012 in Toronto and left 5 days later to my country. I was issued a PR card with expiry 21st June 2017. In the mean time in September 2012 and September 2013 my mother was hospitalised twice for a Knee problem for which there were restrictions to her movements. All during this period I was the sole person to look after her. Now by God's grace she is a bit fine, able to do things hersellf. I now intend to return to Canada on 20th May 2015. Will there be any problems by IO on my return at the POE? Will the IO see that I have more than 2 years from the date of PR card expiry and I will be able to complete 730 days comfortably in Canada from the date of expiry of PR card and not report me. Kindly guide

 

[dpenabill]

I landed on 20th April 2012 in Toronto and left 5 days later to my country. I was issued a PR card with expiry 21st June 2017. In the mean time in September 2012 and September 2013 my mother was hospitalised twice for a Knee problem for which there were restrictions to her movements. All during this period I was the sole person to look after her. Now by God's grace she is a bit fine, able to do things hersellf. I now intend to return to Canada on 20th May 2015. Will there be any problems by IO on my return at the POE? Will the IO see that I have more than 2 years from the date of PR card expiry and I will be able to complete 730 days comfortably in Canada from the date of expiry of PR card and not report me. Kindly guide

In terms of odds, the odds are probably good that a return to Canada with two plus years remaining before your first PR card expires you will not be questioned about residency, let alone have a problem.

Technically, however, the date your PR card expires is not relevant. What matters is the date you landed, the fifth year anniversary of that date, how many days you have been in Canada, and how many days remain before the fifth year anniversary of landing.

It looks like you will be missing the technical cutoff by a bit.

The easy way to calculate for a PR still within the first five years, since the date of landing, is to count how many days absent from Canada since landing. If that number is 1095 or more, the PR is in breach of the PR Residency Obligation.

Of course, if the PR was last in Canada more than three years previous, that makes the calculation particularly simple, if not obvious. In other words, if you last exited Canada in April 2012, and you do not return to Canada until May 2015, or later, it is obvious you have failed to meet the requirement to be in Canada for at least 730 days within the first five years.

But, as I initially noted, the anecdotal reports appear to indicate good odds that if your first PR card's expiration date is still more than two years off, you could get a waive through at the PIL.

Even if just cutting it close (by a month or so), let alone technically being in breach, it would be prudent to (1) return to Canada as soon as possible, to minimize the extent of the breach or even to avoid cutting it so close, and (2) to carry, in your hands (not in checked baggage) documentation to support any H&C reasons for keeping PR status (just in case you are referred to secondary and asked questions about residency).

Parent's medical condition and need for you to provide assistance is something that should be favourably considered as a reason for not returning to Canada sooner. Best to have medical care provider letter or records to support your case, as to the medical condition and duration of need for assistance.

 

[fdk511]

To add to the response from @dpenabill, you would also need to make sure that you don't have any more exits noted after your arrival in Canada since you would have used up any "grace" period and would need to stay for the full 2 years in order to maintain your residency obligation.

In terms of odds, the odds are probably good that a return to Canada with two plus years remaining before your first PR card expires you will not be questioned about residency, let alone have a problem.

Technically, however, the date your PR card expires is not relevant. What matters is the date you landed, the fifth year anniversary of that date, how many days you have been in Canada, and how many days remain before the fifth year anniversary of landing.

It looks like you will be missing the technical cutoff by a bit.

The easy way to calculate for a PR still within the first five years, since the date of landing, is to count how many days absent from Canada since landing. If that number is 1095 or more, the PR is in breach of the PR Residency Obligation.

Of course, if the PR was last in Canada more than three years previous, that makes the calculation particularly simple, if not obvious. In other words, if you last exited Canada in April 2012, and you do not return to Canada until May 2015, or later, it is obvious you have failed to meet the requirement to be in Canada for at least 730 days within the first five years.

But, as I initially noted, the anecdotal reports appear to indicate good odds that if your first PR card's expiration date is still more than two years off, you could get a waive through at the PIL.

Even if just cutting it close (by a month or so), let alone technically being in breach, it would be prudent to (1) return to Canada as soon as possible, to minimize the extent of the breach or even to avoid cutting it so close, and (2) to carry, in your hands (not in checked baggage) documentation to support any H&C reasons for keeping PR status (just in case you are referred to secondary and asked questions about residency).

Parent's medical condition and need for you to provide assistance is something that should be favourably considered as a reason for not returning to Canada sooner. Best to have medical care provider letter or records to support your case, as to the medical condition and duration of need for assistance.

 

[Rob_TO]

Parent's medical condition and need for you to provide assistance is something that should be favourably considered as a reason for not returning to Canada sooner. Best to have medical care provider letter or records to support your case, as to the medical condition and duration of need for assistance.

+1 to this. Make sure you have on your person all medical records or any other information that you think is relevant to a H&C reason showing why you didn't meet the RO. In case the officer does decide to investigate further into your actual residency history, before they decide to report you to CIC you would be able to present your H&C reasons to the CBSA officer. They have sole discretion then to accept your proof and waive you on, or to not accept it and report you to CIC.

If reported you would then face a hearing with CIC about your PR status, and would again be able to present your H&C claim. However in general it would be much easier for you if you could simply enter without being reported. Even though you may be seen to have good odds to enter without RO coming up, it's better to expect the worst and be fully prepared.

 

[CHEERSMAN]

Thanks dopenabill, fdk511, Rob_To.

I will try making an entry on the 14th April , 2015. Will that be fine to elude the breach.

Do let me know.

 

[dpenabill]

Thanks dopenabill, fdk511, Rob_To.

I will try making an entry on the 14th April , 2015. Will that be fine to elude the breach.

Do let me know.

Question is simple: will you have been absent from Canada more, or less than 1095 days since the date you landed?

If more, you are technically in breach (but probably close enough to slide through . . . no guarantee of this however . . . have H&C reasons ready just in case).

If less, there should be no questions let alone a problem. When cutting it close, though, usually a good idea to have some firm information in hand about dates present (for you probably something to show the date you exited Canada), and again be ready with any H&C reasons.

 

[sansan]

Hi,

I am writing to enquire / sought advice on the following:

1. Landed on 03rd Nov 2013.
2. Left on the 06th Nov 2013
2. PR Card Expiry - 03 Jan 2019.

Which date do you take into account to determine your Residency Obligations.

If the children need to serve 2 years of National Service, would it be consider if cannot meet the Residency Obligations. My son will be completing his National Service on the 06th Nov 2016, which does not give enough time for Residency Obligations, if based on landing date.

Would appreciate if there is any opinion on this.

Thanks