Family entering Canada with 2 month short on RO

[alex86]

Hello everyone,

We are a family of three. We completed our soft landing in June 2023, stayed in Canada for three weeks, and then returned to our home country.

We are now planning to relocate permanently during the first week of September 2026. Based on our calculations, we expect to be approximately 2 months short of meeting the residency obligation.

Humanitarian & Compassionate (H&C) supporting documents:

• Child's school admission letter from a Canadian school
• Child's school leaving certificate from our home country
• Residential lease agreement in our name
• Evidence of 4–5 job interviews with different Canadian employers in 2023, along with the rejection emails
• Proof of sitting the Canadian medical residency examination in May 2026

Questions:

1. What are the chances of being admitted without being questioned about the residency shortfall?
2. If we are questioned (either during primary or secondary inspection), how likely is it that the officer will allow us to enter after reviewing the H&C reasons and supporting documents?
3. If we are issued a Section 44 report at the port of entry, does our case appear reasonably strong given the relatively small shortfall and the H&C factors outlined above?

I understand that no one can predict the outcome with certainty, but I would greatly appreciate any insights based on knowledge or personal experience.

Thank you in advance.

 

[Naturgrl]

If your PR cards are valid then enter Canada, and don't leave until you meet RO. You will not be denied entry. You cannot be short two weeks if you only lived in Canada for a few weeks. You are short a couple of years. So come and don't leave. As for H&C there is no case. You haven't even tried to live in Canada so case is not strong. The H&C factors you listed are not even reasons.

 

[Ponga]

What are the H&C reasons?

Rejection letters from Canadian employers will do nothing to substantiate an H&C claim, IMHO.

 

[alex86]

If your PR cards are valid then enter Canada, and don't leave until you meet RO. You will not be denied entry. You cannot be short two weeks if you only lived in Canada for a few weeks. You are short a couple of years. So come and don't leave. As for H&C there is no case. You haven't even tried to live in Canada so case is not strong. The H&C factors you listed are not even reasons.

If your PR cards are valid then enter Canada, and don't leave until you meet RO. You will not be denied entry. You cannot be short two weeks if you only lived in Canada for a few weeks. You are short a couple of years. So come and don't leave. As for H&C there is no case. You haven't even tried to live in Canada so case is not strong. The H&C factors you listed are not even reasons.

Thank you for the response.

Our intent is to stay for good if we enter without any issues. We will still have 22 months remaining when we enter in Sep 26. My only concern is the form 44 being issued at POE so wanted to check if it that risky in our scenario considering if we show our intent to settle based on the documents mentioned.

 

[canuck78]

Thank you for the response.

Our intent is to stay for good if we enter without any issues. We will still have 22 months remaining when we enter in Sep 26. My only concern is the form 44 being issued at POE so wanted to check if it that risky in our scenario considering if we show our intent to settle based on the documents mentioned.

There is always a risk when you don’t meet the already very lenient 2 out of 5 years. How much of a risk is tough to say a lot depends on luck.

 

[armoured]

Our intent is to stay for good if we enter without any issues. We will still have 22 months remaining when we enter in Sep 26. My only concern is the form 44 being issued at POE so wanted to check if it that risky in our scenario considering if we show our intent to settle based on the documents mentioned.

No-one can tell you what the risk is, and of course some statement of a number - well, probability percentages don't matter if the dice come up against you.

That said: it sounds like you will be only two or so months out of compliance, and you'll have close to two years remaining on validiity of your PR card.

In very general terms, CBSA is often ... disinclined, shall we say, to go through the 44(1) process (the paperwork) when the non-compliance is not large. (Or put differently, the more extensive the non-compliance, the higher the risk of their being issues.

As for H&C reasons: I wouldn't rely upon the H&C reasons being 'good or bad' (or the judgments of people who are not CBSA officers about that). You can state the reasons you think delayed you (eg economic uncertainty in 2003, child not finishing school, grandma got upset at her grandkid leaving, 'stuff happens', whatever). The officer must take those things into account, even if they're not particularly compelling reasons. So sure, mention them (concisely!) - or just summarize with moving to Canada was more complicated than anticipated and some affairs had to be wound up/ school year stuff.

Point being, even without a 100% compelling H&C reason, they may still be lenient, and they're more likely to be so when the non-compliance is not that large.

Good luck.