I intend to enter Canada , I have got job in startup at Toronto and have a valid offer.
However, I am in shortfall of residency requirement by 28 days.
Shall I risk resign from my existing job in India to join this company at Toronto ?
Is it risk worth taking, I am keen relocating to Canada.
For clarity: any PR in breach of the PR Residency Obligation has some RISK of being reported at the PoE upon arrival. That risk can range from a rather low risk to a very high risk depending on many various factors. Some factors have more influence than others. The extent of the shortfall is a big factor. But even for PRs with the same shortfall, the extent of risk can vary considerably.
In particular, as the questions posed by
@scylla and
@Tubsmagee illustrate, and as responses to other questions you have posted recently also illustrate, there are
MANY FACTORS which can influence how things are likely to go and how they will in fact go. And, to be clear, some factors can swing the risks dramatically in one direction or another.
A PR in breach of the Residency Obligation is at RISK for losing PR status. Quantifying that risk ranges from difficult to extremely difficult, that is unless the circumstances are so clear cut as to indicate no more than a rather small chance of keeping status. Quantifying the risk precisely is impossible. Many factors influence how much risk there is. You mention one, the extent of the shortfall, 28 days you say. But there are various situations which may result in such a shortfall, and the risk will vary considerably depending on YOUR particular situation.
For example, if you are still within the first five years since landing and becoming a PR, and thus have a valid PR card, and as of the day you arrive at a PoE to enter Canada your shortfall is just 28 days, or not very many days more than that, that probably indicates a significantly lower risk of being Reported at the PoE than many other scenarios.
It warrants noting, however, that you were posting about being in breach of the RO more than three months ago, and it appears you have been outside Canada in the meantime, a period that is more than 90 days, which if you were still within the first five years of landing would mean you currently have far more than a 28 day shortfall. This matters.
And how it matters is complicated. First it matters relative to the risk you will referred to Secondary, upon arrival at a PoE, and in Secondary examined as to RO compliance. Note, for example, a PR still within the first five years of landing and carrying a valid PR card, who is just 28 days short of meeting the RO probably has rather good odds of NOT even being referred for a Secondary examination. No referral to Secondary virtually eliminates the risk of being issued a 44(1) Report.
But assuming that upon arrival there is a referral to a Secondary examination, the particular facts of your situation will further influence the extent of risk the officer conducting that examination will nonetheless waive you through without issuing a Report or decide to issue the 44(1) Report. Here too, the risk is probably relatively low if the PR is still within the first five years of landing and is presenting a valid PR card, and the PR is just 28 days short of meeting the RO. Beyond that the variables are many.
Most of the factors which influence the RISK of being reported and issued a Departure Order, at the PoE, are also relevant to the PR's chances of winning (or losing) an appeal . . . but still subject to further variability. H&C related reasons loom particularly large in considering the likelihood of losing or winning the appeal.
The above is just about the RISK element in the equation.
Beyond recognizing what the risks are, within some range, what choices you make at this juncture are very PERSONAL and of course also involve factors specific to YOU which are separate from the risks related to immigration status. Which you appear to recognize in other posts. Indeed, since you recognize you are in breach of the RO (notwithstanding other posts suggesting you thought you qualified for credit based on being employed abroad by a Canadian business), you recognize there is a significant RISK you will lose PR status and not be allowed to stay and work in Canada, and that in itself poses a very PERSONAL question about whether it is worth the risk or not . . . how much are you willing to gamble to pursue a life in Canada? Regarding this no one here can begin to offer an answer for you.
Your accounting of that factor here is that you "
intend" to come to Canada; in other posts you have said you "
are keen" to come to Canada. However you characterize your desire to come to Canada, that is a huge factor to consider in weighing whether FOR YOU, FOR YOU PERSONALLY, it is worth the risk. How important is it, FOR YOU PERSONALLY, to come to Canada to live and work for the foreseeable future? No one here can answer this question for you.
I recognize this is probably a very difficult decision FOR YOU to make.
I realize you mostly are asking for more certainty as to the extent of the RISK you face. That said, based on your other posts I get the sense you largely comprehend what the risks are but you want some reassurance you have a reasonably good chance of coming and being allowed to keep PR status.
If you are still within the first five years since the day you landed, and your shortfall is less than, say, six months, the odds are likely to be favourable unless there are some other negative factors involved. This is especially so if you can reasonably assert that you believed you were entitled to credit for time working abroad for a Canadian business, even if that time is not given credit. The latter would fall under H&C reasons why you should be allowed to keep PR status. Thus, if there are other reasons tending to excuse the delay in coming to Canada, that too would improve your odds.
Otherwise, the variables are too many to reliably assess how things might go. How long it has been since you were last in Canada can matter. Whether you have other ties in Canada can matter a lot. How much of a shortfall you have on the actual date of arrival at the PoE can matter.
Just as an illustrative example: big difference between a PR who is a month short of meeting the RO arriving in Canada less than four years since the date of landing, versus a PR who is well past the fifth year anniversary of landing and is returning to Canada with a month shortfall. The risk for the latter is significantly (if not greatly) more severe.
Ultimately the assessment of risk is itself personal, depending on YOUR personal situation, AND then the assessment of whether taking that risk is worthwhile is very much a PERSONAL decision which only you can make, based not just on what your current situation is but also taking into consideration what you want in your future and how much you want it.
I love Canada. For me it would not be a difficult choice. Any reasonable chance to live a life in Canada is one that I would enthusiastically pursue. Been there and done that, actually. And here I am. Happily here I am. And, to be clear, financially this has meant a rather significant compromise for me. Both in terms of less income and in terms of a higher cost of living. A double whammy of sorts . . . but just financially. Then again the country I came from is a huge consideration in my personal equation. You have your own personal considerations to assess in your equation.
