I have a complicated question which I can't find an answer online from my search. My PR is valid till 08/2024. I won't meet my residency requirements of 730 days in the 2 years from 2019 - 2024. However, I plan to visit Canada this Summer 2023, I was warned last year by the border officer that I might be marked for non-compliance if I don't move to Canada. I am not sure what non-compliance means, does it mean the land border officers or immigrations officers at the Canadian airports can deem me inadmissible and won't let me in? Even though my PR card expiry is in 2024. I also read that even though PR card is exipred the PR status is not, and they will let you in the Country until an action is taken to invalidate the PR. Can the border officers take this action at the border and make me inadmissible? Or I can get in how many times I want until August 2024 but I just won't be allowed to renew after expiry? Please throw some light on this scenario!
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Entry into Canada with valid PR but won't meet residency requirements before expiry date (08/2024)
- Thread starter rajoth21
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I have a complicated question which I can't find an answer online from my search. My PR is valid till 08/2024. I won't meet my residency requirements of 730 days in the 2 years from 2019 - 2024. However, I plan to visit Canada this Summer 2023, I was warned last year by the border officer that I might be marked for non-compliance if I don't move to Canada. I am not sure what non-compliance means, does it mean the land border officers or immigrations officers at the Canadian airports can deem me inadmissible and won't let me in? Even though my PR card expiry is in 2024. I also read that even though PR card is exipred the PR status is not, and they will let you in the Country until an action is taken to invalidate the PR. Can the border officers take this action at the border and make me inadmissible? Or I can get in how many times I want until August 2024 but I just won't be allowed to renew after expiry? Please throw some light on this scenario!
There is a forum here called permanent residency obligations: https://www.canadavisa.com/canada-i...rd/forums/permanent-residency-obligations.11/
Short form: any time you are out of compliance, when you are examined (like arriving this summer), they can look into it and issue a report (44(1) report for the section of the law on this). That effectively declares you inadmissible - subject to appeal - which will eventually result in losing PR status if appeal is not won (or if not appealed, I believe in 60 days). "Inadmissible" at this point does not mean you won't be admitted - you will be admitted to Canada and are a legal resident until the PR status is revoked (eg appeal lost or not appealed).
Note, they may not issue the 44(1) report - it's possible they could just warn you again, or not even ask a question about it. Or they could examine and decide to let you off for eg 'humanitarian and compassionate' reasons(if you have any be sure to mention them). It's unlikely they would wave you through with nothing, though, since it's probable a note for file was made last year (to examine you on subsequent entries); that said, I don't know this for a fact, it's possible the border officer last year was just being nice to warn you of potential consequences (which you ignored for another year) and didn't bother making a note to file.
Technically you could leave and return while in appeal but more complications would ensue, and not remaining in Canada would definitely reduce chances of winning appeal.
The card's validity will be revoked with the PR status.
Important note: PR card and PR status are two very different things. Lose your card, and you are still a PR. PR status revoked - card will no longer be valid despite the date - outsiders would not know but eg the PR card would likely no longer work to board a plane, for example. Card itself does not say anything about your compliance with the residency obligation. Being 'non-compliant' on its own won't stop you from getting on a plane.
Thanks again! I do have another follow up question that if I get my pr status revoked, and later if my spouse sponsors me for a pr through her (she is in Canada and holds valid pr status) will my non-compliance or cancellation have any impact on my future sponsorship through my wife?There is a forum here called permanent residency obligations: https://www.canadavisa.com/canada-i...rd/forums/permanent-residency-obligations.11/
Short form: any time you are out of compliance, when you are examined (like arriving this summer), they can look into it and issue a report (44(1) report for the section of the law on this). That effectively declares you inadmissible - subject to appeal - which will eventually result in losing PR status if appeal is not won (or if not appealed, I believe in 60 days). "Inadmissible" at this point does not mean you won't be admitted - you will be admitted to Canada and are a legal resident until the PR status is revoked (eg appeal lost or not appealed).
Note, they may not issue the 44(1) report - it's possible they could just warn you again, or not even ask a question about it. Or they could examine and decide to let you off for eg 'humanitarian and compassionate' reasons(if you have any be sure to mention them). It's unlikely they would wave you through with nothing, though, since it's probable a note for file was made last year (to examine you on subsequent entries); that said, I don't know this for a fact, it's possible the border officer last year was just being nice to warn you of potential consequences (which you ignored for another year) and didn't bother making a note to file.
Technically you could leave and return while in appeal but more complications would ensue, and not remaining in Canada would definitely reduce chances of winning appeal.
The card's validity will be revoked with the PR status.
Important note: PR card and PR status are two very different things. Lose your card, and you are still a PR. PR status revoked - card will no longer be valid despite the date - outsiders would not know but eg the PR card would likely no longer work to board a plane, for example. Card itself does not say anything about your compliance with the residency obligation. Being 'non-compliant' on its own won't stop you from getting on a plane.
Thanks again! I do have another follow up question that if I get my pr status revoked, and later if my spouse sponsors me for a pr through her (she is in Canada and holds valid pr status) will my non-compliance or cancellation have any impact on my future sponsorship through my wife?
Basically no.
I understand there have been one or two cases where IRCC has come back to say not convinced the applicant intends to settle in Canada (i.e. they do not intend to become permanent residents, which is the purpose of ... permanent residence.) I think this has been in form of procedural fairness letter, putting the onus on the applicant to convince them. But I think this is rare.
More common perhaps: someone appeals but remains in Canada, and convinces IRCC of intent to stay (with implicit knowledge on both sides the spouse could sponsor anew).
In both cases the implicit issue: do you intend to stay? If it's just to "be" a permanent resident without actually residing, it may not go as smoothly.
If the OP's status is revoked, spousal sponsorhip would seem to be a logical next step. Considering the OP's wife is a Canadian citizen, it would be easy for the OP to use the `I'm accompanying my Canadian spouse abroad' to maintain the R.O. to keep their status, if they have no real desire to live in Canada. Of course, the Canadian spouse has to play along.
If the OP's status is revoked, spousal sponsorhip would seem to be a logical next step. Considering the OP's wife is a Canadian citizen, it would be easy for the OP to use the `I'm accompanying my Canadian spouse abroad' to maintain the R.O. to keep their status, if they have no real desire to live in Canada. Of course, the Canadian spouse has to play along.
Not arguing that this is the next logical step, just noting that there is a possibility - albeit small - that IRCC wants to see some sign of actually attempting to reside in Canada.
Also wanted to point out that 5 year RO time period isn’t associated with PR expiry date. The 5 year period is 5 years from landing date.
Assume you realize you are a tax resident of Canada because your spouse lives in Canada and must file your taxes in both the US and Canada.
Assume you realize you are a tax resident of Canada because your spouse lives in Canada and must file your taxes in both the US and Canada.
If the OP's status is revoked, spousal sponsorhip would seem to be a logical next step. Considering the OP's wife is a Canadian citizen, it would be easy for the OP to use the `I'm accompanying my Canadian spouse abroad' to maintain the R.O. to keep their status, if they have no real desire to live in Canada. Of course, the Canadian spouse has to play along.
Doesn’t look like the spouse is a Canadian citizen yet and if the spouse goes to join them abroad after receiving their Canadian citizenship the time may not count towards RO.