Entering with under 720 days left on your PR

[RoninInc]

Hi All,

Background: I gained my PR (5 year term) roughly 3 years ago when I entered Canada on a short trip to activate it. The idea was to return with at least 2 years (720 days) left, stay, and then carry over to the next 5 year period. Then I can decide to go for citizenship if things went well. Fast forward to now and I haven't gone back. I'm quickly approaching the last 2 years that will allow me to keep my PR and won't be able to return until I'm within the 720 days. I know I will lose it but I would still like to return even just for a short period.

So my questions is: If I enter Canada with less than 2 years (720 days) left on the PR, will they deny me entry at the border because I less then the 2 years required to continue my PR status?

OR, will they simply wave me through as my PR is technically still valid.

Please help me figure out if this is a black and white situation or if there is some leniency with the border control guys. I don't want to move countries just to be denied at the border.

Kind regards.

 

[Vpalanimuthu]

As far as I know you have the right to enter as PR, even if you went past the 5 year period. It depends on the officer to flag/report you if you are within the 730 period. If you are lucky and not reported don't apply for PR card renewal until you meet the criteria. If you get flagged you have to appeal and see if they will accept the reasons that prevented you from being in canada sooner. Hope this helps.

 

[RoninInc]

Thanks! This is helpful.

If I was reported and lost my PR status, would this only effect the renewal? Meaning I could live out until the 5 year period was up. OR would I need to leave Canada before the current 5 year period of residency?
Many thanks

 

[Buletruck]

If you are reported for RO, the time you spend in Canada does not count towards residency until the appeal is decided. If you get a positive result, you get those days towards RO, if you are unsuccessful through all the possible avenues, you have to leave. Once your PR status is lost, you have no right to remain in Canada. If they ran through the entire process a week after you were reported (not that this would ever happen), they would give you about 30 days to clear things up and leave.

 

[Rob_TO]

Thanks! This is helpful.

If I was reported and lost my PR status, would this only effect the renewal? Meaning I could live out until the 5 year period was up. OR would I need to leave Canada before the current 5 year period of residency?
Many thanks

There is no such thing as a "5 year period" for being a PR. That is just the expiry date of your PR card or the window used for calculating residency obligation, which has absolutely nothing to do with your actual status as a PR. A PR is a PR for life until that status is officially revoked by IRCC, or you voluntarily renounce it. Even if one's PR card expires or they live outside Canada so no longer comply with the RO, they are still a PR.

If you are reported at border for non-compliance of RO, and you decide not to appeal it during the wait time they provide you (30-60 days), your PR status will then be officially terminated regardless of what expiry date is on your PR card.

If you are reported and decide to appeal, you'll remain a PR until at least your appeal date, however long that will take (can be 1-2 years).