Entering Canada with 2yrs 4weeks left in 5yr period

[CA_Immigration_Noob]

Entering Canada with a valid PR card but only 2yr 4 weeks left in the current rolling 5yr period window.
1. Any chances of being denied entry? On what grounds? What kind of questions to expect
2. Planning to sponsor PR for my son immediately after landing. Is that possible or do I have to wait till the residency obligations are met and only then sponsor?
3. In case I need to leave Canada for more than 4 weeks in the subsequent 2yr period due to death/illness of ageing parents, is there any provision to appeal to extend residency obligations on humanitarian grounds?

 

[armoured]

Entering Canada with a valid PR card but only 2yr 4 weeks left in the current rolling 5yr period window.
1. Any chances of being denied entry? On what grounds? What kind of questions to expect
2. Planning to sponsor PR for my son immediately after landing. Is that possible or do I have to wait till the residency obligations are met and only then sponsor?
3. In case I need to leave Canada for more than 4 weeks in the subsequent 2yr period due to death/illness of ageing parents, is there any provision to appeal to extend residency obligations on humanitarian grounds?

Your post is unclear whether you are in compliance with the residency obligation or not. Since you refer to the rolling period, presumably you mean you were a PR before? At any rate, if in the last five years (that 'window') you were OUT of Canada more than 1095 days, you are out of compliance. If you landed in last five years (i.e. probably <3 years ago), that is from date of landing to the five year anniversary. If you have been a PR longer, whether you ahve had 730 or more days in Canada is important.

Important: the date of the PR card expiry is IRRELEVANT for PR compliance. Repeat, rephrase, it does not matter that you have 'two years and four weeks' or just four weeks on the card. What matters is days in/out of Canada in the last five years (or from date of landing).

1. You won't be denied entry regardless. If out of compliance, you may get reported for this and they let you in - but the report starts process of revoking PR status subject to appeal. (Which will take a long time).
2. ... I'm going to be silent on this for time being. Depends what answers are to above and what happens at border.
3. No. At any examination (eg at border) they can exercise leniency about non-compliance, and on appeal and/or at application for PRTD (to fly to Canada without PR card) can decide on H&C grounds similarly. But there's no way to get this leniency in advance.

Since not clear what / when all this involves: best advice is to return to Canada earlier, especially if it means you will be in compliance when you do.

 

[CA_Immigration_Noob]

Your post is unclear whether you are in compliance with the residency obligation or not. Since you refer to the rolling period, presumably you mean you were a PR before? At any rate, if in the last five years (that 'window') you were OUT of Canada more than 1095 days, you are out of compliance. If you landed in last five years (i.e. probably <3 years ago), that is from date of landing to the five year anniversary. If you have been a PR longer, whether you ahve had 730 or more days in Canada is important.

Important: the date of the PR card expiry is IRRELEVANT for PR compliance. Repeat, rephrase, it does not matter that you have 'two years and four weeks' or just four weeks on the card. What matters is days in/out of Canada in the last five years (or from date of landing).

1. You won't be denied entry regardless. If out of compliance, you may get reported for this and they let you in - but the report starts process of revoking PR status subject to appeal. (Which will take a long time).
2. ... I'm going to be silent on this for time being. Depends what answers are to above and what happens at border.
3. No. At any examination (eg at border) they can exercise leniency about non-compliance, and on appeal and/or at application for PRTD (to fly to Canada without PR card) can decide on H&C grounds similarly. But there's no way to get this leniency in advance.

Since not clear what / when all this involves: best advice is to return to Canada earlier, especially if it means you will be in compliance when you do.

Thank you so much for your time & effort taken for the detailed reply.
Pls allow me to clarify on the aspects of the situation that were not completely clear.

1. Not a PR before - new PR. This is the 1st 5-year window.
2. Did a soft landing in Mar 2020 and went back immediately to my home country. So my RO 5yr window expires in Mar 2025.
3. Post going back in 2020, COVID hit, then we started a family and then there was an illness in the family. The sum total of all these circumstances is that I've not be able to move to Canada yet.
4. Now am planning to move to Canada by Jan23.
5. Getting my son along on a TRV and planning to sponsor his PR application immediately after landing in Jan:'23
6. Not seeking HnC appeal in advance - just checking if such a situation would qualify for an HnC appeal.
Thanks again!

 

[armoured]

1. Not a PR before - new PR. This is the 1st 5-year window.
2. Did a soft landing in Mar 2020 and went back immediately to my home country. So my RO 5yr window expires in Mar 2025.

This is the most important information. If you landed in march 2020 and return before march 2023, you will be in compliance. (Strongly encourage you to track exact dates). hence you will have no issues at entry nor with sponsoring. (You may get asked questions at border but just tell the truth)

5. Getting my son along on a TRV and planning to sponsor his PR application immediately after landing in Jan:'23

Should not be a problem sponsoring although tRV a separate matter.

6. Not seeking HnC appeal in advance - just checking if such a situation would qualify for an HnC appeal.

No way to tell in advance but those who are clearly settled in canada / only slightly out of compliance / have ties in Canada etc are going to face less risk.

But unambiguously less stressful if you return earlier in order to have some buffer to account for 'things that come up.'

 

[CA_Immigration_Noob]

Appreciate the detailed point-wise response. Thanks a ton!

Your suggestion on coming as early as possible makes a lot of sense

Could you please elaborate on your response to point 5?
I have a TRV already for my son, basis which he'll enter Canada. While he's in Canada, I'll apply for a PR sponsorship (immediately upon landing). In case his PR doesn't come through within TRV stay validity, we'll try to keep extending the TRV.
Do you see any red flags in this approach?

In the point 1 response, you've said I might face some tough questions. Could you pls share a few examples?

Once again, thanks for your efforts!

 

[armoured]

Could you please elaborate on your response to point 5?
I have a TRV already for my son, basis which he'll enter Canada. While he's in Canada, I'll apply for a PR sponsorship (immediately upon landing). In case his PR doesn't come through within TRV stay validity, we'll try to keep extending the TRV.
Do you see any red flags in this approach?

It was not clear to me that hyour son already has the TRV, my comment was if he did not have TRV already. No issues that I'm aware of with your approach.

In the point 1 response, you've said I might face some tough questions. Could you pls share a few examples?

I did not say tough questions, they may just ask what you've been doing since you soft landed. Tell the truth and you're fine.

 

[CA_Immigration_Noob]

Thanks a lot for your responses. You were very helpful.