PR

[PBJ]

CASE FACTS

• A family of three - my wife, minor son and I received our PR in March 2017.
• My wife was the primary applicant and my son and I, dependent applicants. Immediately after receiving the PR, I returned to my home country due to a family exigency.
• Recently, I have received an employment offer from a Canadian company (legal entity incorporated in Canada) for which I plan to move to Vancouver (tentatively by February 01, 2020
• I will be based in Vancouver and will earn my salary and pay corresponding taxes in Canada.
• My work profile will require me to extensively travel outside Canada (US, Europe) for sales meetings, and I may not be able to satisfy my 730 days requirement.
• Whereas, my wife and son will stay on in Canada and are expected to comply with the 730 days residency requirement.

QUERY

In such a scenario,

1. Would

a) my Canadian employment/tax residency and/or
b) the family’s presence in Canada

help me recoup my days and make me eligible for PR extension?

2. Could I potentially be denied entry into Canada on my return from a business travel, even if the PR is valid until March 2022 and my family are in Canada?

Thanks in advance for your advice.

 

[Bs65]

Others can comment as well as this just my view

1) (a) not really relevant for residency obligation as it is you that has to be in the country not fact you are paying taxes
(b)the PR residency obligation is an individual responsibility so your family meeting or not is not relevant to you meeting as they have to meet the RO individually

2)The PR card validity is not relevant to the RO.

On each entry to Canada you need to be prepared to demonstrate that in the preceding 5 years you can show 730 days minimum residency and yes in theory whilst you might not be refused entry you could be reported leading to your PR status being revoked subject to appeal. How likely this is to happen nobody can predict.

Note also when you come to renew your PR card you will also need to demonstrate that you have met the RO.

Is unfortunate that since March 2017 you have not accumulated enough days of residency given the travel might not have been such a challenge to continue to meet the RO.

Also note that the initial 5 years to meet 730 days is based on landing date and not the PR card issue date. After initial 5 years the 5 years becomes a rolling 5 years assessed on each new entry to the country.

 

[Buletruck]

1. No relevance as stated above. YOU either comply with residency obligation or you don’t. Paying taxes has nothing to do with it.
2. No, you wouldn’t be denied entry, but you could risk being reported for RO every time you enter until you do meet RO.

You’ve left yourself virtually no safety margin to cover trips outside of Canada. As such, the risk of being reported, regardless of the reasons for travel is significantly higher upon entry.

 

[scylla]

CASE FACTS

• A family of three - my wife, minor son and I received our PR in March 2017.
• My wife was the primary applicant and my son and I, dependent applicants. Immediately after receiving the PR, I returned to my home country due to a family exigency.
• Recently, I have received an employment offer from a Canadian company (legal entity incorporated in Canada) for which I plan to move to Vancouver (tentatively by February 01, 2020
• I will be based in Vancouver and will earn my salary and pay corresponding taxes in Canada.
• My work profile will require me to extensively travel outside Canada (US, Europe) for sales meetings, and I may not be able to satisfy my 730 days requirement.
• Whereas, my wife and son will stay on in Canada and are expected to comply with the 730 days residency requirement.

QUERY

In such a scenario,

1. Would

a) my Canadian employment/tax residency and/or
b) the family’s presence in Canada

help me recoup my days and make me eligible for PR extension?

2. Could I potentially be denied entry into Canada on my return from a business travel, even if the PR is valid until March 2022 and my family are in Canada?

Thanks in advance for your advice.

1.
a) No
b) No

2. You won't be denied entry. However you could be reported for failing to meet the residency requirement which will trigger the need for you to attend a hearing to argue why you should be allowed to keep your PR status.