expired PR

[canuck78]

I really appreciate your reply, it is extremely helpful.

I understand my entry will get complicated if I bring wife n child along with me.
What if I travel Alone with H&C reasons? Even then there is a chance that officer can act as Ministers delegate and issue departure order? In this case they can't disallow my right to enter Canada, right?

I said I do not meet RO by 500 is correct bcz I stayed n worked in Canada for 7 months after PR stamping in 2014.
I even stayed more than 3 years in Canada prior to getting PR on valid WP.

No you will have to be let in. If you are reported you will be given 30 days to appeal to try to keep your PR status.

 

[k.h.p.]

I really appreciate your reply, it is extremely helpful.

I understand my entry will get complicated if I bring wife n child along with me.
What if I travel Alone with H&C reasons? Even then there is a chance that officer can act as Ministers delegate and issue departure order? In this case they can't disallow my right to enter Canada, right?

I said I do not meet RO by 500 is correct bcz I stayed n worked in Canada for 7 months after PR stamping in 2014.
I even stayed more than 3 years in Canada prior to getting PR on valid WP.

Missing your residency obligations by 500 days would mean you were in Canada for 230 days in the past 5 years. Is that the case?

You've been outside Canada for nearly five years, if not a little longer.

 

[dpenabill]

What if I travel Alone with H&C reasons? Even then there is a chance that officer can act as Ministers delegate and issue departure order?

I think my previous responses, both here and in the other topic, addressed this. But to be clear, UNLESS you have a strong H&C case, there is more than a chance of (1) being issued a 44(1) Report, and (2) the Minister's Delegate then issuing you a Departure Order. UNLESS you have strong H&C reasons, this is LIKELY.

Actual odds depend on your personal situation, your history, the reasons why you in particular have been outside Canada so long.

[if Minister's Delegate issues Departure Order . . . ] In this case they can't disallow my right to enter Canada, right?

This was for sure clearly addressed in my previous post (and in the other topic as well).

BUT YES, if issued a Departure Order you still have a right of appeal and the Departure Order is not enforceable for 30 days. So yes you can stand on your right to enter Canada and you will be allowed to enter Canada. If you appeal, the Departure Order remains unenforceable, allowing you to continue staying and working in Canada, for as long as the appeal is still pending.

To be even more direct: YES, even if issued a Departure Order they will allow you to enter Canada.

I said I do not meet RO by 500 is correct bcz I stayed n worked in Canada for 7 months after PR stamping in 2014.
I even stayed more than 3 years in Canada prior to getting PR on valid WP.

Only days IN Canada within the previous five years are counted as credit toward meeting the PR Residency Obligation. If you arrive at a PoE returning to Canada by, say, this coming Monday, that is August 10, 2020, the relevant period of time for calculating compliance with the PR RO will be August 10, 2015 to August 10, 2020. If, for example, you have not been IN Canada at all since before August of 2015, you currently have ZERO days credit.

Time in Canada prior to the date of landing, prior to the date of becoming a PR, does NOT count at all as credit toward RO compliance, even if those days were within the relevant five years.

To be clear, in terms of whether you have a good H&C case the calculation of days IN Canada is the biggest factor. It is just ONE FACTOR, but in most cases it is the biggest factor by far.

But the time you were in Canada after landing, and the amount of time you were in Canada before that, can be considered, even though they are NOT counted in the calculation itself. BUT only considered for purposes of weighing H&C factors. However, these are not likely to have much positive weight, not likely to help the H&C case much. . . . every little bit can help . . . but if you have not been in Canada at all for the past five years, unless you can make a compelling H&C case the likelihood is you will be issued a Report AND Departure Order.


FOR EMPHASIS:

Again, the actual odds, the chance you have of being allowed to keep PR status based on H&C reasons, depends on your personal situation, your history, the reasons why you in particular have been outside Canada so long. Your reason for leaving Canada. Your reasons for remaining away. Even your age and the circumstances in which you became a PR can be relevant. This year, the travel restrictions due to Covid-19 are a factor that will be significant for many PRs.

To some extent the caution expressed by @iglu is worth heeding even though it is largely misleading in its detail.

In particular: No one here can give you anywhere near a definitive answer about how things will go for you when you arrive. Again, how it will go will depend on many factors and circumstances.

You could be extremely lucky, for example, and the PIL officer waives you into Canada without a referral to Secondary, no RO compliance examination, in which event if you stay for two years that would totally cure the breach of the RO. This is not likely. It is almost for sure not likely if you are accompanied by a child who does not have status in Canada. But the *chance* of this is why more than a few PRs attempt to return to Canada to stay despite clearly being in breach of the RO.

The more likely scenario is a referral to Secondary and an interview discussing your reasons for not complying with the RO. This will be your opportunity to make the H&C case you deserve to keep PR status. And how this will turn out is very, very difficult for anyone to forecast. There are way, way too many variables. So, in this limited regard, @iglu is right to caution that no one can give a definitive answer.

But otherwise, to be clear, what @iglu said is misleading. For one big thing, even the very best professional will NOT be able to give you a definitive answer either. Again, there are way, way too many variables. A lawyer could help you organize your case, help you to identify what is relevant and what is not, what evidence will best support this or that relevant factor, and help you prepare to, in effect, argue your case. But a lawyer will NOT be able to tell you for sure how things will go at the PoE.

The other way in which the post by @iglu is misleading is that many of your questions were not asking for "advice" but information. Many participants in this forum make a concerted effort to offer information which can help individuals, like you, better understand their situation and make their OWN decisions accordingly. For example, you asked whether your SIN expires. No need to consult with a lawyer for such questions. As others have responded, NO, a PR's SIN does not expire (it can become "inactive" but it remains a valid SIN and does not expire).

Similarly your questions about whether a PR can be denied entry for a failure to comply with the RO. No advice necessary. Just simple, widely known information. As provided.