. . . I got my PR card in 2021 with validity till Dec 2026. I moved to Canada in 2024 (spent 15 days) and had to come back to US for some reason. Now i will be moving again in Nov 2025, will have still 1 year and 1 month validity left on my PR card.
1) my question is if i stay in Canada for 730 days after moving this time, will i be able to get PR card renewed for me and my Family (2 kids - both US citiziens)?
Please suggest if there will be no issues in getting PR for the kid and renewing our PRs once we complete 730 days from Nov 2025.
You seem to be getting out over your skis a bit . . .
First question is whether you will have status to stay. This is based on the situation, as it appears, that you are
currently in breach of the RO, meeting the definition of inadmissible and potentially subject to inadmissibility proceedings and a decision terminating your PR status attendant the Port-of-Entry (PoE) examination when you next return to Canada (or during any subsequent border crossing unless you get a positive H&C determination or otherwise manage to become RO compliant before inadmissibility proceedings are initiated).
(The in-breach observation is based on minimal time in Canada, 15 days in 2024, plus? Or, considering how
@armoured astutely framed this above, it appears you have been outside Canada more than 1095 days since landing in 2021. That means you are currently in RO breach. Meets section 41(b) IRPA definition of inadmissible.)
If you are an American citizen (and likewise but to a lesser extent even if not an American citizen) presenting a valid PR card at the PoE that does not expire for more than a year more, at the time you apply for permission to physically enter Canada at the PoE (that is, when you arrive here), the odds might be good that border officials will not decide to terminate your PR status. That could happen either by waiving you through, or allowing you to retain PR status based on H&C considerations if the PoE examination proceeds to inadmissibility proceedings.
General summary of possible outcomes at the PoE:
-- If you are waived through, then you can stay and then if you stay long enough to get into RO compliance your PR status will be safe, safe to apply for a new PR card, safe to make a family class sponsored PR application for dependent child. To be fully safe, best to wait until actually in RO compliance; but you may want to obtain a paid-for opinion (skip the free consultations) from a qualified immigration lawyer about the possibility of applying sooner than that after you have fully established physical residence here.
-- If border officials proceed with inadmissibility proceedings and set the Report aside rather than issue a Departure/Removal Order based on H&C reasons (that is, for "humanitarian grounds"), that would dramatically reduce the risk that a PR card application will trigger inadmissibility proceedings (preparation of a 44(1) Report for inadmissibility followed by a hearing/interview with an IRCC officer who is a designated Minister's Delegate) since a positive H&C decision has already been made (by the CBSA official who, for H&C reasons, sets aside the Report prepared at the PoE); that said, better to get firmly established in a residence in Canada before proceeding to make the PR card application. Similarly in regards to proceeding with a family class PR application for the dependent child who is not a Canadian (not a Canadian PR); should be safe to proceed with that if there was a positive H&C decision at the PoE.
-- If border officials proceed with inadmissibility proceedings and issue a Departure/Removal Order, you will still be allowed to enter Canada. To stay, however, you will need to appeal within 30 days, and of course prevail in the appeal. You continue to be a Canadian (with PR status) pending the appeal, so you can stay and work, and so on, pending the appeal. However, days spent in Canada pending an appeal will NOT count toward meeting the RO unless the appeal is successful and the Removal Order is set aside. If there is a Removal Order there is NO point pursuing family class PR application for dependent child unless, and not until, that gets set aside on appeal.
Your situation is complicated, making it impossible to forecast what will actually happen at the PoE, and very difficult to forecast what is likely to happen at the PoE. The fact that one of your children is not a Canadian (that is, they are a Foreign National) probably elevates the risk of inquiry into your RO compliance at the PoE.
If you can afford it, this is a situation in which obtaining the assistance of a good immigration lawyer is a good idea.
Who was quibbling about quibbling over describing something as "
absolute?"
Was it the great Bard who said "
To quibble or not to quibble, that is the question?" No, probably not. (I tend to mix metaphors as well.)
That, nonetheless, "
To quibble or not to quibble," is a question I rather often quibble with, fingers hovering over the keyboard, not nearly enough time to play editor for so many egregiously erroneous statements here, let alone the scores and scores of vague or otherwise overly broad generalizations (which are often true enough in most situations, but which for some can be off, even way off, and even seriously detrimental in certain scenarios).
So, here I am quibbling. About quibbling. Not the best of form, veering off-topic on a cloudy weekend day having slipped into a chilly Sunday, not so subtle hints of fall blowing off the greatest of the great lakes.
Otherwise . . . satire aside . . .
. . . the simplest accurate formulation I know:
-A PR is in compliance if the total number of days OUTSIDE Canada is LESS THAN 1095 days in the last five years (as of the date of examination/applying) - ignoring any days before the date one became a PR.
Yep. That nails it.
But . . . applying that to the OP . . . involves some rather tough to iron out wrinkles, including those you reference like dealing with enrolling a non-Canadian child in school.
