Some observations:
I generally steer wide of discussing what
should be Canadian immigration policy, law, or rules. With some exceptions
*** and distinguishing what practices should be employed, since what the practice should be depends on what will effect/implement the policies, laws, and rules the government has adopted, not on any debate about what the preferred social and political objectives are.
There's a critical difference in what
should happen when two chemicals are mixed, versus whether someone should mix those chemicals, or even whether someone should be allowed to mix those chemicals. It's the difference between assessing what happens pursuant to existing law (including the laws of physics) versus deciding what law to adopt. AI suggests the distinction is the difference between the deontic sense of "
should" versus the epistemic sense. That should cause a reasonable person to wince and say "
enough with the esoteric, ersatz rationalizing."
And any discussion about what the law should be depends in large measure on first determining what the government's policy objectives are, what its policy should be. It gets complicated, damn complicated damn fast.
Frankly, notwithstanding the many reasoned and fair propositions propounded here (amid some irrational if not ludicrous ones, like comparing enforcement of tax filing laws, which mandate required action and prescribe criminal penalties, versus the Residency Obligation which does not mandate required action despite those who think it should), informal discussions of what the law should be, like those typical in this forum, tend to conflate and confuse more than they inform or illuminate. For example, given some very significant if not profound differences between the immigration policy objectives underlying Germany's approach to immigration versus Canada's, comparing details in the two country's naturalization procedures offers little if any insight into what Canada should adopt.
Overall, what the rules
should be depends on what rules will effect what the law prescribes, and what the law
should be (what the law should prescribe) depends on what will effect (implement) the policy objectives the government adopts. And in regards to what the country's policy objectives should be, that gets tangled and contested real fast.
It is, of course, far, far more complicated than that, not the least because there are many, many policy objectives to pursue, including more than a few which are competing and demand sensitive balancing, and given the numerous complexities of immigration, even when the policy objectives are clear, just navigating what will work can be a massively difficult enterprise.
Many find such discussions interesting. But they are a far tangent from discussing a PR's objectives and related concerns in actual circumstances. This topic/thread, in particular, is an active discussion of an ongoing situation, one that is relevant to concerns other PRs have in their personal situations, so hopefully this channel (so to speak) is kept open for
@familyman86 to keep the forum apprised of future events in their case.
Reminder: It is not all that easy to keep track of what should happen pursuant to existing policies, laws, rules, and practices.
But I will address (trying to keep it brief) cessation . . .
*** Cessation Exception . . .
Pushing eight decades (my age showing?) of not being one to follow their own counsel, I breach my own admonition, that I
should-not-focus on
what-should-be, in regards to how cessation of refugee status is being applied to
automatically strip the status of permanently settled Canadians with
Permanent Resident status, with no hearing, no defenses based on having PR status, no allowances for H&C relief, no right of appeal (no right of appeal even as to cessation), when a PR who came to Canada as a refugee is deemed to have intended to embrace their home country's protection based on brief visits to the home country, even though the PR clearly has established their permanent residence in Canada and clearly intends to continue living in Canada.
Some may claim that since there is the right to a hearing attendant cessation of refugee status, that somehow suffices as a hearing for the termination of PR status. There are many reasons why this is not true, a tangent best discussed in a separate thread, but the main reason is that the cessation process does not allow a PR to raise any defenses based on the attributes of PR status, and the extent of the PR's establishment in Canada is largely if not entirely irrelevant, not taken into consideration, in the cessation process. It warrants noting that some of those whose status in Canada has been stripped pursuant to the cessation process includes individuals who had been PRs living in Canada for ten or twenty years or more. Roman Slepcsik, the plaintiff party in the case in which the Federal Court heard and dismissed Charter/Constitutional arguments recently, had been living in Canada for more than 23 years when a cessation action was initiated against him.
The
FCA states in that case:
[27] The Applicant did not travel to the Czech Republic until 2001, that is, after he obtained PR status in 1999, and maintains he was unaware that by returning to the Czech Republic he risked his PR status.
Maybe by the time Slepcsik returned to the Czech Republic 20 years after becoming a PR he should (in one sense) have known, and for sure, in terms of protecting his Canadian status, otherwise he should (in the other sense) have known. But there is no way, none at all, that he could have known that, that he could have known that when he first returned to the Czech Republic in 2001 that was putting his PR status at risk. There was no way for him to know returning to his home country would risk his PR status at any time before December 2012. That's because it was not until 2012 that Canada revised its laws to strip PRs of their status if their protected status was deemed ceased (for a reason other than the reasons for which they sought protection have ceased), let alone do so automatically.
I have a lot of sympathy for the OP and other PRs who have every intent to follow through with becoming a permanent resident of Canada in fact in addition to having Permanent Resident status. I am especially sympathetic for those who make a concerted effort to physically make the move but this or that impediment delays doing do so. And Canada still seems to largely be lenient toward many of those who fail to make the move on time to avoid breaching the RO.
But compare the PR (other than one with protected person status) who, a little over three years after landing is arriving in Canada after being outside Canada more than three years (more than 1095 days) since their landing, just in Canada fewer than hundred or so days, who has goods odds of no challenges to their status but if there are challenges, they can present H&C reasons for allowing them to keep their PR status, and if that fails they have a right of appeal in which H&C considerations can be presented anew; compare them with Slepcsik, a PR for more than two decades, settled in Canada for more than two decades, who in the 22 years following his becoming PR since 1999 had visited his home country a total of just eight times, for whom there are
NO defenses based on H&C and no right of appeal.
Warrants further comment . . . but not here. This thread is about PRs who are intending to return to Canada to establish in fact residence here but have concerns because they are not in compliance with the RO.