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Covid19 affecting travel date and PR status

natalie621

Newbie
May 23, 2020
1
0
My parents need to enter Canada by oct 2020 the latest in order to satisfy the 730day/5year rule to maintain their PR status but the covid 19 happened and interrupted their plans. Given current covid19, it’s risky for them to take a long flight especially with their old age and health conditions. I wonder if there is special rules to deal with it, so they can delay their return date until it’s safer to travel and still maintain their pr status. Thanks for reading!
 

canuck78

VIP Member
Jun 18, 2017
26,566
5,721
My parents need to enter Canada by oct 2020 the latest in order to satisfy the 730day/5year rule to maintain their PR status but the covid 19 happened and interrupted their plans. Given current covid19, it’s risky for them to take a long flight especially with their old age and health conditions. I wonder if there is special rules to deal with it, so they can delay their return date until it’s safer to travel and still maintain their pr status. Thanks for reading!
They can try to extend closer to October but it is unlikely that they can delay landing in Canada longterm especially without having to redo things like their medical. If they have health issues that could put their PR status at risk if theIr health conditions become too expensive.
 

canuck_in_uk

VIP Member
May 4, 2012
31,633
7,055
Visa Office......
London
App. Filed.......
06/12
My parents need to enter Canada by oct 2020 the latest in order to satisfy the 730day/5year rule to maintain their PR status but the covid 19 happened and interrupted their plans. Given current covid19, it’s risky for them to take a long flight especially with their old age and health conditions. I wonder if there is special rules to deal with it, so they can delay their return date until it’s safer to travel and still maintain their pr status. Thanks for reading!
Don't expect any exceptions in meeting the Residency Obligation. They made the personal choice to be out of Canada for years already. They could have returned earlier.
 
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lossada

Hero Member
Sep 5, 2017
201
42
They can try to extend closer to October but it is unlikely that they can delay landing in Canada longterm especially without having to redo things like their medical. If they have health issues that could put their PR status at risk if theIr health conditions become too expensive.
more than 6 month, they will loose it.
if people would have lived as a real permanent resident, nothing would affect them.
 

scylla

VIP Member
Jun 8, 2010
64,484
8,820
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
My parents need to enter Canada by oct 2020 the latest in order to satisfy the 730day/5year rule to maintain their PR status but the covid 19 happened and interrupted their plans. Given current covid19, it’s risky for them to take a long flight especially with their old age and health conditions. I wonder if there is special rules to deal with it, so they can delay their return date until it’s safer to travel and still maintain their pr status. Thanks for reading!
No special rules have been announced at this time regarding the PR residency requirement and COVID-19. The residency requirement remains the same as it was before.
 

Copingwithlife

Champion Member
Jul 29, 2018
2,065
734
Earth
My parents need to enter Canada by oct 2020 the latest in order to satisfy the 730day/5year rule to maintain their PR status but the covid 19 happened and interrupted their plans. Given current covid19, it’s risky for them to take a long flight especially with their old age and health conditions. I wonder if there is special rules to deal with it, so they can delay their return date until it’s safer to travel and still maintain their pr status. Thanks for reading!
It's baffling that there's such a demand to get a coveted PGP slot to become a PR, and then when someone gets one they don't move , and now asking for leniency on a already generous RO
I'd be moving onto plan B. Move earlier
 

canuck78

VIP Member
Jun 18, 2017
26,566
5,721
more than 6 month, they will loose it.
if people would have lived as a real permanent resident, nothing would affect them.
Though they were just landing. They had 3 years to move. It is unlikely they will given an extension unless no flights have been running and should make plans to go to Canada if they want to be sure they keep their PR.
 

dpenabill

VIP Member
Apr 2, 2010
4,379
1,508
My parents need to enter Canada by oct 2020 the latest in order to satisfy the 730day/5year rule to maintain their PR status but the covid 19 happened and interrupted their plans. Given current covid19, it’s risky for them to take a long flight especially with their old age and health conditions. I wonder if there is special rules to deal with it, so they can delay their return date until it’s safer to travel and still maintain their pr status. Thanks for reading!
The PR Residency Obligation is not merely a "rule" but is law, prescribed by statute. Agencies do not have the discretion to modify statutory law.

So, as others have stated, we know of no special rules in the works which will modify the PR RO. And actually that is not likely.

Thus, any PR who is outside Canada more than 1096 days prior to the fifth year anniversary of the day he or she became a PR will be in BREACH of the Residency Obligation NO MATTER how covid-19 affected their ability to return to Canada. Likewise, after the fifth year anniversary of the day a PR landed and became a PR, if he or she fails to be IN Canada at least 730 days within the previous five years (as of any day the question is examined) will be in BREACH of the Residency Obligation; again, NO MATTER how covid-19 affected their ability to return to Canada.



H&C Relief for a PR who has breached the Residency Obligation:

Current law does allow some PRs to keep their status DESPITE a breach of the PR RO, if there are H&C reasons which justify allowing the PR to keep PR status despite the breach. To be clear, H&C reasons do not mean there was not a breach of the Residency Obligation. A favourable H&C decision just means that Canadian immigration authorities will allow the PR to keep status DESPITE a breach of the RO.

Current law REQUIRES authorities consider the PR's circumstances, reasons, and explanations for failing to comply with the RO BEFORE making a decision to terminate the PR's status for a breach of the RO. And even if such a decision goes against the PR, the PR has a right to have the IRB appeal division hear and make its own decision ("de novo"), and it too is REQUIRED to consider ANY and ALL reasons and explanations the PR has to offer.

Obviously, in the coming months, perhaps for a year or so, the impact of Covid-19 is likely to be a factor in many cases where a PR fails to comply with the RO, and just as obviously, officials making decisions in these cases WILL, as they MUST, consider the impact of Covid-19 in determining if the PR has presented sufficient reasons and explanations to justify keeping PR status despite the breach of the RO.

Whether or not IRCC implements particular guidelines or policies regarding the impact of covid-19 on RO breaches remains to be seen. The odds probably lean in the direction of no general policy, but rather for officials to continue dealing with each case on a case-by-case basis. The most important factors will likely continue to be what they long have been:
-- the smaller the breach of the RO, the better; and its corollary,​
-- the SOONER the PR actually comes to Canada the better​

Ordinarily these two amount to basically the same thing. But in the wake of covid-19 there may be some more wiggle-room (so to say) allowed relative to coming to Canada as soon-as-practical given the covid-19 situation.

As ALWAYS, the best approach, the safest approach, is to NOT breach the Residency Obligation. As others emphasize, two years out of five is a rather flexible obligation.

And in contrast it is not likely that covid-19 will come anywhere near close to explaining why it took THREE plus years for a PR to come to Canada to stay.

But how this will play out for those who are not able to get to Canada in time to meet the RO, in the coming months or into next year, will DEPEND on each individual's own situation.

Easy to forecast that PRs who were abroad for nearly three years when the covid-19 situation triggered travel restrictions, let alone those who were already in breach, have a much smaller window of opportunity and if keeping PR status is a priority, they should make the trip to Canada sooner rather than later.

Easy to forecast that the longer it takes to get to Canada after international travel has effectively returned to near-normal (for a long time there will be a new normal after this) the more difficult it will be for a PR in breach of the RO to make the case they deserve to keep PR status.

Easy to forecast, in contrast, if the PR is only a little in breach of the RO upon arrival in Canada later this year, the odds of keeping status may be fairly favourable . . . but even this will vary from case-to-case. PRs still within the first five years of landing, for example, may be given more leeway than a long-term PR who still has not established actual-permanent-residence in Canada and is in breach of the RO.

But most cases (those with much of a chance) will be more difficult to forecast. The safest approach, again, is to get to Canada in time to avoid a breach of the RO. That is the only for-sure way to keep PR status.