Am I in danger of Being Issued a Departure Order?

[Frank Thomas]

Greetings,

-I have been a permanent resident since the summer (August) of 2015. On the day when I became a landed Immigrant that summer, I was only able to stay in Canada for about eight days during my vacation because I still had a job in my country.

-In 2016, I returned to Canada but ended up only being able to stay for a month because all my attempts at getting a job in my field as well as the responses from potential employers, were taking too long and I still had a job in my country which I would have lost if I stayed indefinitely.

-In 2017, my wife gave birth and so there was no way for me to travel at all to Canada to even show some presence.

- I fully moved to Canada just before mid June of last year and planned to do the full minimum of two years (730 days) in the territory without traveling. However, there is a situation that requires me to travel very quickly in the month of July to see my family for 20 days and then return to Canada.

How do you guys assess my situation? Am I setting myself up automatically to receive a potential departure order or removal order from CBSA at the airport when I return to Canada after the 10 days of absence? I would have already done a year within the territory by the time I travel in early July. If the risk of receiving a possible departure upon my return is very high, maybe I might as well just start getting my stuff ready to leave and not return.

 

[Bs65]

You have until July/August 2020 to meet the 2 out of 5 year residency obligation. Your residency days count is a bit confusing but if you will have already have a year accumulated by July , seems possibly 14 months , then you can still just about meet the residency obligation by returning and staying put through August 2020.

As a PR you are entitled to enter the country whether you have met the RO obligation or not so there is no chance of getting a departure or removal order at the airport just for failing the RO which when you travel back you can still just about meet assuming you stay put.

Suggest you count your days accumulated by the date you plan to travel and the days available to you when you return so that if on return you are directed to secondary for some reason you have your facts clear even though you would not at that time have failed your RO so unlikely to face any issue.

Just keep in mind that from 8/2020 for you the 5 years becomes a rolling 5 years where you need 2 years in the 5 years preceding each new entry.

Good luck and try not to over think the worst case scenario which may never happen.

 

[Frank Thomas]

Hello Bs65,

Thank you so much for taking time from your schedule to reply to my concern. My PR card will expire in October 2020.

The greatest challenge I may have may actually come later- if it does happen that I travel in July and my wife gets pregnant after I leave (she really wants us to have another child before she hits 35) I wouldn’t be able to stay put here without traveling if she has to give birth before August 2020. I will have to show her support by being by her side when she will be giving birth. Even if I stay for just a week and a half or two, that’s when I may have serious problems at the port of entry upon returning to Canada and may then have to deal with a departure or removal order.

 

[canuck78]

You should be aware that you can't sponsor anyone if you are not compliant with your RO. If your wife gets pregnant and you spend a year out of Canada you could either get reported or have to remain in Canada without the possobility of travel for 2 years.

 

[Frank Thomas]

Thanks, canuck78. If at all my wife does get pregnant, I wasn’t intending on being out of the country for anywhere near a year but rather to just be by her side when she gives birth- so let’s say two weeks out of the country in 2020 possibly any month before August (possibly between April and May) and then come right back.


I understand this is further complicated especially if I travel out for 10 days this coming July and then a week and a half to two weeks before August 2020 (I became a landed immigrant in August 2015 and my PR card expires in October 2020). Tough, tough situation. Looks like I’m just getting closer to the unwanted outcome of being reported if I make another very short trip out in before the summer of 2020 if my wife gets pregnant and has to give birth within that period. Yet the worst thing I could do is to not be there for her when she’s giving birth no matter how much I value my PR status. Not being by her side when she is in labour could affect her psychologically and my presence is very important.