Extension in time limit for maintaining PR status

[P_GAUTAM]

Hi, I am unable to find a suitable employment for myself here in Canada at present hence I have to return back to my native country and continue with my current employment. Out of three members in my family my son, who is also on PR, is working in Canada and he will be completing his obligations soon required for maintaining his PR status as well as becoming a Citizen. At present my son is not earning enough to support the family.


So on the basis of not finding suitable employment can I get extension in my PR status ?

 

[21Goose]

No. You have to meet the Residency Obligation - you can't really get an extension.

However, depending on your particular circumstances, you may be allowed in without a report when you try and come back (assuming you are then in breach of RO).

How long have you lived in Canada after becoming a PR? When did you become a PR?

 

[P_GAUTAM]

I got my PR in Fab, 2016 and entered in Canada in Aug,2016. I stayed in Canada for 45 days during my first entry. Once again I came back on 1st May,2019 and since then I am living in Toronto.

 

[21Goose]

I got my PR in Fab, 2016 and entered in Canada in Aug,2016. I stayed in Canada for 45 days during my first entry. Once again I came back on 1st May,2019 and since then I am living in Toronto.

As you probably know, to meet your RO, you have to stay in Canada for 730 days in your first five years (so from Aug 2016 - Aug 2021), and then remain in compliance after that. You are currently short, and it is likely that if you leave for an extended period of time (say a year or more) and then try to come back, the CBSA office may report you for not meeting RO.

The way it usually works is, when you appear at the border, the CBSA officer will tell you that you haven't met RO. You will then be asked why you didn't meet RO (and also whether you plan to stay for good now). The officer has the discretion to not report you if he/she is satisfied with your answer. Some people are reported, some aren't. It's not possible to predict what will happen with you.

If you do get reported, you can appeal. If you lose the appeal (or choose not to appeal), you will lose PR status and revert to being a foreign national.

There is no way to get an extension on your Residency Obligation.

 

[dpenabill]

As you probably know, to meet your RO, you have to stay in Canada for 730 days in your first five years (so from Aug 2016 - Aug 2021), and then remain in compliance after that. You are currently short, and it is likely that if you leave for an extended period of time (say a year or more) and then try to come back, the CBSA office may report you for not meeting RO.

Well, the OP is NOT short yet. Having landed in August 2016 it is NOT possible for the OP to be short until the third year anniversary of the date of landing (in August 2016), and thus not until that anniversary date in August this year. Even then, given previous and recent time spent in Canada, it appears the OP will NOT be short for at least another three months beyond that, and possibly longer depending on the length of the current stay.

BUT yes, if the OP leaves and then, since the date of landing, is outside Canada for more than a total of 1096 days, as of any day before August 2021 (the fifth year anniversary of the date of landing), the OP will be in breach of the Residency Obligation (as of the day the OP is outside Canada for more than 1096 days since landing). AND correct, there are no "extensions."

 

[21Goose]

Well, the OP is NOT short yet. Having landed in August 2016 it is NOT possible for the OP to be short until the third year anniversary of the date of landing (in August 2016), and thus not until that anniversary date in August this year. Even then, given previous and recent time spent in Canada, it appears the OP will NOT be short for at least another three months beyond that, and possibly longer depending on the length of the current stay.

BUT yes, if the OP leaves and then, since the date of landing, is outside Canada for more than a total of 1096 days, as of any day before August 2021 (the fifth year anniversary of the date of landing), the OP will be in breach of the Residency Obligation (as of the day the OP is outside Canada for more than 1096 days since landing). AND correct, there are no "extensions."

Yes, my mistake. I was responding late at night and I somehow mistook 2016 for 2015 while framing that sentence. OP isn't short at the current time but will be short later this year.

 

[canuck78]

Just want to point out that it takes time to find a job even for Canadians. You only attempted to find a job for 45 days (probably closer to 30 I’m reality) on the first try and now you have tried for less than 2 months. You are required to bring settlement funds because it does take many months to find employment,