fear of not meeting PR obligation

[hem233]

hello dear


i became pr in april 2011.....stayed for 3 months and went back as my mother needed major knee replacement surgery...she took 6 months to recover and manage to move so i decided to come back to canada.....after staying and working in canada for 4.5 months from may 2013 to oct 2013 i came to know that my brother has filed a property dispute case against me for occupying more share in property as my mother also lives with me and totally dependent on me.....now i have get that despute settled and want to go back to canada....i have record of my mother illness and court case paper work for which i stayed in india.... my wife and kids are in india as my mother is old and needs support

my PR is valid till june 2016.....and i am short of about 10 months.....

how could i manage to enter if reported or can i enter without being reported.....and what legal opportunity i may have if reported....

plz guide

 

[dpenabill]

Re: fear on not meeting PR obligation

hello dear


i became pr in april 2011.....stayed for 3 months and went back as my mother needed major knee replacement surgery...she took 6 months to recover and manage to move so i decided to come back to canada.....after staying and working in canada for 4.5 months from may 2013 to oct 2013 i came to know that my brother has filed a property dispute case against me for occupying more share in property as my mother also lives with me and totally dependent on me.....now i have get that despute settled and want to go back to canada....i have record of my mother illness and court case paper work for which i stayed in india.... my wife and kids are in india as my mother is old and needs support

my PR is valid till june 2016.....and i am short of about 10 months.....

how could i manage to enter if reported or can i enter without being reported.....and what legal opportunity i may have if reported....

plz guide

Obviously, as you recognize, you are now in breach of the PR Residency Obligation, so no matter what you do, you are at risk for being reported and losing PR status.

The best course to take is to return to Canada as soon as possible, and when you come have documentation to show why you were abroad (medical records including doctor's statements regarding need to care for mother; paperwork, perhaps letter from solicitor or barrister regarding the property dispute and the need to be personally present for that) in your hands (not in checked baggage), and be prepared to explain your plans to return to Canada as soon as you could. Once in Canada you need to stay until you are in compliance with the PR RO. That could be difficult with family in India and you mother needing support.

It is very difficult to guess in advance how this will go. Since you have at least one other sibling, CIC might infer your brother could provide your mother with the necessary help, so there was no compelling need for you to provide that. The property dispute is probably a weak reason. But if you come to Canada soon, your presence here in 2013, your PR card still valid, there should be a fair chance CBSA will be lenient and not report you upon entry . . . but the risk is there, perhaps a substantial risk, and of course there are no guarantees.

Reminder: it is your PR card which is valid until June 2016. The PR card does not mean much relative to the PR Residency Obligation. The fact you carry a still valid PR card helps when you return to Canada -- gets you on the plane for one big thing, but it still appears POE officers are more flexible if not lenient with returning PRs in possession of a valid PR card, particularly those PRs who are still within the first five years of having PR status.

At this stage, as long as you have a valid PR card, the route of return (by direct flight to Canada or via the U.S. by auto) probably does not much matter.

 

[hem233]

thanks dear

means if i proceed in oct then also there is a risk of loosing PR.

 

[dpenabill]

thanks dear

means if i proceed in oct then also there is a risk of loosing PR.

Well yes, of course there is a risk of losing PR.

You have been outside Canada more than 1095 days since you landed. That is a breach of the PR Residency Obligation.

If you arrive next month (October 2015), there is a fair chance that you could be either waived through without being examined regarding compliance with the PR RO, or even if you are examined, you would have an opportunity to explain why you could not come to settle in Canada sooner (and as noted above, best to have documentation to support those reasons), and the officer might waive the technical breach of the PR RO.

But there are no guarantees. The officer might report you and then it will be up to another officer whether to agree with that officer or to accept your reasons. If that officer agrees with the reporting officer, a Removal Order will be issued. If that happens, you still get to enter and live in Canada, and you have thirty days to make an appeal, which would be yet one more opportunity to explain your reasons and hope they are accepted and you are allowed to keep PR status. If you lose the appeal, however, you lose PR status.

Best bet is to convince the first officer you are coming to Canada as soon as you reasonably could and are intent on settling in Canada and making a life in Canada for you and your family.