Consequences of Delaying Final Relocation to Canada

[Tonero.O]

Hello Guys,
Thanks for all the wonderful insights that you all provide on the forum. I have a situation and would need some guidance.
I got my PR in 2015 and landed officially in July that same year. My PR card is valid until 2020. As stated in the terms of my PR, I am expected to spend 2 years out of this 5 year period in the country for the PR to remain valid after the first card expires. This meant that latest, I should be moving finally to Canada mid-2018. However, I got into a top MBA program in the US and will not be relocating to Canada until mid-2019. This means that apart from the few weeks that I spend in Canada when I visit (I've been visiting every year since I got the PR), I will be spending only 1 year out of the 5 years in the country.
What are my options here? Do I 'appeal' and inform them of my situation before hand? How have people in my situation handled it? Any lawyers here to throw in some guidance?

Thanks.

 

[Buletruck]

Your best bet is to not get reported when you enter. If you do and are reported, chances of a successful appeal based on the reason you provided are effectively zero. You could claim H&C for education purposes, but the chance of that being accepted are somewhere between slim and non existent.

 

[scylla]

There are no lawyers on this forum. We are normal people like you. If you want legal advice then you will have to hire a lawyer.

The short answer is that if you want to ensure you can keep your PR status, you must find a way to live in Canada for 2 out of every rolling 5 years to keep your PR status. If you try to renew your PR status without meeting these requirements - you will be refused. Yes - H&C reasons are in certain circumstances considered. However studying outside of Canada is not accepted as an H&C reason. It's a personal choice and you could have easily completed an MBA in Canada instead. Nothing forced you to be outside of Canada.

Practically speaking, it's possible you may be able to return in 2018 without being reported at the border for failing to meet your residency requirement. If you are able to re-enter without being reported, then you'll need to remain in Canada without leaving until you meet the residency requirement before you'll be able to renew your PR card. If you are instead reported at the border for failing to meet RO, you'll be called to a hearing and should expect to lose your PR status officially and be ordered to leave Canada.