Didn't meet residency requirements. Is it necessary to start from scratch again or...?

[dbliss93]

Didn't meet residency requirements. Is it necessary to start from scratch again or is there something I can do?

Thank you!

 

[IndianBos]

Didn't meet residency requirements. Is it necessary to start from scratch again or is there something I can do?

Thank you!

How many days you are short on? When was your landing date, and when do those 5 years get over?

 

[Buletruck]

And where are you now?

 

[kathysrazor]

There are two paths to fixing things:

1) Make a successful Humanitarian and Compassionate reasons claim. This overcomes the inadmissibility, but requires a good reason.

2) Make it to Canada, stay until you are no longer out of compliance.

The second used to be a lot easier for people with expired PR cards. Now with eTAs, PRs can't get them, ruling out flights to Canada. The workaround was to try to cross by land, but that only worked for people who can get to the US and who have visa-free travel to Canada. With COVID, the border is closed to non-Canadians. Unless you are an American, it's near impossible to enter without claiming PR status, at which point you are likely to get referred for a hearing. At that point, we're back to #1.

Essentially, at the moment, H&C is the only feasible option for most people not in compliance, and not American Citizens.

 

[armoured]

The second used to be a lot easier. Now with eTAs, PRs can't get them, ruling out flights to Canada. The workaround was to try to cross by land, but that only worked for people who can get to the US and who have visa-free travel to Canada. With COVID, the border is closed to non-Canadians. Unless you are an American, it's near impossible to enter without claiming PR status, at which point you are likely to get referred for a hearing. At that point, we're back to #1.

Essentially, at the moment, H&C is the only feasible option for most people not in compliance, and not American Citizens.

I don't overall disagree but think must be clarified: your points here apply where the PR does not have a currently valid (unexpired) PR card.

For those out-of-compliance but with a valid PR card, they can board a flight to Canada and be examined at border and make the case for 'reasons' for not being in compliance with residency obligation.

This has been discussed here in a lot of other threads: for those with much less/minimal time out of compliance and/or good 'reasons', there is less chance of being reported at port of entry. For those much more out compliance and no/minimal time in Canada etc and showing up just before the card expires (for example), much higher risk of being reported.

Or in simple terms: a PR one day out of compliance with RO who has been living in Canada recently may have a very good chance of being waved through by CBSA, possibly with minimal questions; a PR who landed ~five years ago with close to zero days in Canada/zero ties in Canada who arrives one day before the PR card expires has significantly less chance of just being waved through; everything in between 'depends.'

Also, there are anecdotal signs that CBSA at ports of entry are being - perhaps - somewhat more lenient in covid times. And note: all 'reasons' for being out of compliance (let's call them humanitarian and compassionate as a catch-all) and eg ties in Canada etc must be considered, by CBSA and in subsequent appeals. It doesn't mean they will be accepted as sufficient reasons, but they must be considered. It doesn't mean just saying 'covid' will excuse all non-compliance, but it seems to be recognized as a 'real reason' or at least a factor in many cases.

Also note: for PRs - with valid PR card or not - who arrive at land border (ie from USA), they must be admitted to Canada (as long as can be confirmed they are PRs). They can be reported and the process started of stripping the PR status, etc., but they 'shall be admitted' and can remain legally while the determination and appeals process goes on.

 

[kathysrazor]

I don't overall disagree but think must be clarified: your points here apply where the PR does not have a currently valid (unexpired) PR card.

Yes. I apologize if that's not clear.

 

[armoured]

Yes. I apologize if that's not clear.

No problem, the original question/post wasn't clear about the situation the individual was in, either.