Didn’t met Residency Obligation Due to Travel ban.

[preet9192]

hello everyone. I have a question regarding RO, if anyone can help. I will really appreciate.
So as a permanent resident of Canada, I was planning to return back to Canada in March 2021 as my PR card will be expiring on 15 August 2021.
But in March 2021, cases of Covid again started rising in India at a very high speed, as I have to travel with my husband who is also PR holder &
4 yr. daughter who is a Canadian citizen, we didn't find it safer to travel that time with a small child.
So we decided to stay for some time as the situation gets little bit better, and then we will travel but in April & May 2021, it got more worse & worse.
Moreover In April 2021, Canada imposed travel ban on India for the direct flights, which got extended thrice till July 2021.
Although I have my reservations with Air Canada from Delhi to Toronto, which also got cancelled & rescheduled twice.

So when this travel ban started in April 2021, I was totally in compliance or meeting residency obligation as I was only 30 days short of total 730 days.
So now my reservations are for August 10, 2021, as rescheduled by Air canada. 5 days before my card expiry date.
So if this ban lifts off & I return to Canada 5 days before my Card expiry date, is CBSA gonna make any issue for me, as I am still entering Canada with a valid PR card.
But as I will not be meeting RO, would they will deny my entry to Canada.
And what are chances of getting my PR card renewed if they let me enter?????????
Sorry for such a long story, but really getting frustrated now due to this travel ban.
Thanks if anyone can answer.

 

[k.h.p.]

1. In April 2021 you were not "totally in compliance" if you were short 30 days.

2. The Residency Obligation starts from date of landing and the dates on the PR card are not necessarily in line with that. If you did not land on August 15 2016, your Residency Obligation may have been missed by more than the 30 days in April.

3. CBSA may or may not make an issue for you. Considering how you only had 700 days in Canada in April 2021, they may ask why you were not able to be in Canada the rest of the time.

The travel ban and lack of flights should help you somewhat if you are asked by the CBSA to explain why you have not met the residency obligation. Be up front and explain to them why you were not able to return to Canada (did not want to is not a valid humanitarian and compassionate ground), and also be prepared to explain why you only had 700 days by April 2021.

There is always a chance CBSA will not care. You better be on that plane to arrive in Canada before it expires.

 

[armoured]

3. CBSA may or may not make an issue for you. Considering how you only had 700 days in Canada in April 2021, they may ask why you were not able to be in Canada the rest of the time.

The travel ban and lack of flights should help you somewhat if you are asked by the CBSA to explain why you have not met the residency obligation.

I don't disagree with anything you wrote.

But I would note that "covid related travel issues" (or reasons that may be taken into consideration) do not begin only as of April 2021. Obviously the flight ban (almost a travel ban) is a stronger and more compelling reason than many others.

Given that the Canadian government and plenty of other authorities worldwide were loudly making recommendations against travel and imposing various other travel restrictions, reasons for being away prior to April will also have to be taken into consideration.

As always, how convincing or compelling all/some of those might be in a specific case is not predictable.

 

[k.h.p.]

I don't disagree with anything you wrote.

But I would note that "covid related travel issues" (or reasons that may be taken into consideration) do not begin only as of April 2021. Obviously the flight ban (almost a travel ban) is a stronger and more compelling reason than many others.

Given that the Canadian government and plenty of other authorities worldwide were loudly making recommendations against travel and imposing various other travel restrictions, reasons for being away prior to April will also have to be taken into consideration.

As always, how convincing or compelling all/some of those might be in a specific case is not predictable.

Yeah, that's a fair point. I tried to hint at "Canada was telling people not to travel in MARCH 2020 and you got yourself stuck outside of Canada in April 2021?" but, you know, people make choices. Sometimes ones they ought not have.

 

[armoured]

Yeah, that's a fair point. I tried to hint at "Canada was telling people not to travel in MARCH 2020 and you got yourself stuck outside of Canada in April 2021?" but, you know, people make choices. Sometimes ones they ought not have.

I'm trying to stay out of the judgments about what should have been done (not always successfully).

As for the covid issues and likelihood of cbsa making a report - too many case-specific issues.

Just that there are/were reasons not to travel before and H&C reasons that existed before April 2021. They may or may not be convincing - but the travel ban imposition is a more clear 'bright line' reason than many others.

I understand it's been extended beyond August though so it will get more challenging for some, i.e. in this case won't be feasible to travel as planned before the PR card expires.

 

[k.h.p.]

I'm trying to stay out of the judgments about what should have been done (not always successfully).

As for the covid issues and likelihood of cbsa making a report - too many case-specific issues.

Just that there are/were reasons not to travel before and H&C reasons that existed before April 2021. They may or may not be convincing - but the travel ban imposition is a more clear 'bright line' reason than many others.

I understand it's been extended beyond August though so it will get more challenging for some, i.e. in this case won't be feasible to travel as planned before the PR card expires.

Yep. There may well have been H&C reasons to stay out of Canada prior to April 2021. That's why the person will need to have the H&C reasons available if there are any.