We are a family of four with permanent resident status.We got our PR in 2018 and fulfilled our first landing requirement in June 2018.We are currently in Dubai and booked our tickets for July 2020 to relocate permanently.In current scenario we are not feeling safe to move with children till there is a vaccine.We are scared of our initial struggle of settling down with children at a time when life is always at risk due to virus.Our PR status is valid till June 2022 and we want the extension of time for the period the scare of virus continues.
Please advise if we can do that and if yes than how?
Should we seek an advise from a lawyer....
@Bs65 largely covered things.
And I would have left it at that, except some subsequent comments tend to underestimate how much better it is to stay in compliance with the Residency Obligation in contrast to relying on H&C relief for keeping status despite a breach of the RO. No matter how good the H&C case might be.
In the latter regard, the concern is addressed in observations posted by
@canuck78, with whom I also largely concur (while I try to avoid making recommendations as such, the recommendation offered by
@canuck78 makes good sense; but what is the right approach for the OP or any other PR is a very personal decision to be based on many personal factors, including personal priorities).
I think it may be helpful to revisit WHY. Which of course means, again, here comes some LONGER OBSERVATIONS.
First a clarification: PR status does not expire. As long as a PR does not lose or renounce status, the PR can always "ENTER" Canada. I recognize that most references to when "PR expires" are not about PR expiring but about when the PR card expires. To avoid misunderstanding, however, even after the PR card expires, a PR can still "ENTER" Canada.
The problem many PRs will encounter after the PR card expires is being able to travel to Canada. Those who can travel via the U.S. can do that and arrive at a land border crossing with Canada, where they will be allowed to ENTER Canada no matter how long ago their PR card expired.
Which brings this to the descriptive term "fine."
You can enter Canada just fine as long as your PR card is valid which is until 2023 . . .
Again, a PR can enter Canada without regard to when the PR card expires. As long as the PR can manage to travel to a Canadian PoE.
But there can be a huge difference in how it goes upon arrival at the PoE, even if the PR still has a valid PR card, depending on whether or not the PR is in compliance with the Residency Obligation or is in breach of the RO. It may NOT be "fine" if the PR arrives after being abroad more than 1095 days since the date of landing. As
@canuck78 notes, and
@Bs65 did as well, if the OP does not return to Canada in time to remain in compliance with the RO, there is a RISK of being Reported, which means being issued a 44(1) Report of inadmissibility AND a Removal Order, a decision which terminates the PR's status UNLESS it is successfully appealed. Again, the PR is still allowed to ENTER Canada, and if the PR then appeals, the PR can stay for at least as long as the appeal is pending. But to keep PR status, the PR will need to appeal and win the appeal.
Which brings this back to distinguishing between how much better it is to stay in compliance with the Residency Obligation in contrast to relying on H&C relief for keeping status despite a breach of the RO.
As long as a PR arrives in Canada before the fifth year anniversary of the date of landing AND has not been outside Canada for more than 1095 days since landing, the PR is in compliance with the RO. This PR does not have to explain let alone justify why he or she has been abroad. This PR is not subject to being reported for a failure to comply with the RO (exception: if CBSA has reason to believe the PR has been outside Canada more than reported). For such a PR, a 44(1) Report would NOT be "valid in law."
In contrast, if a PR arrives in Canada before the fifth year anniversary of the date of landing AND has been outside Canada for more than 1095 days since landing, the PR is in BREACH of the RO. No matter how much longer the PR's card is valid.
That does not necessarily result in being Reported. Various factors can influence whether the returning PR is even questioned about RO compliance, let alone subjected to a formal examination and a Residency Determination. What factors have what influence is a big, big subject in itself. The crux of it, nonetheless, is that it is POSSIBLE a returning PR in breach of the RO will indeed be fine, waived into Canada without being Reported.
BUT, a huge BUT, the PR in breach is at RISK for being Reported, and if Reported, REGARDLESS how good the PR's reasons are, the Report will be "valid in law." Such a PR will need a favourable exercise of discretion based on H&C reasons in order to keep PR status.
The very, very best H&C cases are nowhere near as safe as getting to Canada before being in breach of the RO.
Which leads us to the current situation in which it might be said . . .
And I must say it's an extremely wise decision to not travel and move countries at this point of time.
As true as this probably is, it does NOT change the RO calculation itself. But yeah, it is almost certain that most new immigrants coming to Canada in the next months (or perhaps the next year) are likely to encounter more difficulty, perhaps extremely more difficulty, in obtaining employment and getting established than usual, perhaps by a big margin, apart from and in addition to the risks directly associated with covid-19.
So this will almost certainly be a factor which is taken into consideration in a way that is favourable to a PR's H&C case. It must be considered. It will likely help. How much will depend on many other factors.
BUT MAKE NO MISTAKE. There is very, very little chance that Canada will revise the PR Residency Obligation itself in response to the covid-19 pandemic. The odds are heavy, if not overwhelming, that whatever relief is given to PRs whose return to Canada is delayed due to this year's circumstances, will be rooted in allowing H&C relief.
Thus, again, the best, most safe approach, is to avoid a breach of the RO. Relying on H&C relief is always a RISK.
Of course we really do NOT KNOW to what extent this pandemic will trigger remedial policies and practices aimed at giving relief to immigrants in regards to a wide, wide range of collateral effects, many of which will be overtly negative or otherwise causing some disadvantage. The possibilities are wide ranging.
But what we do know is that the system is currently structured --
(1) to allow new immigrants a very generous range of individual flexibility in making the move to actually settle in Canada . . . allowing new PRs to be outside Canada for up to three years with no questions asked about why or otherwise having to justify not coming to stay sooner, and
(2) to allow some additional flexibility, particularly for new PRs, where there are compelling H&C reasons justifying keeping status despite failing to comply with the rather generous Residency Obligation.
Thus, the system is already structured to allow some additional flexibility which can take into consideration and accommodate situations like this pandemic and its collateral impact.
And the odds are high this is probably going to be what any relief for RO breaches will be based on, and limited to, taking into consideration the impact of this pandemic. With or without some formal policy or practice specifying some of the parameters for this.
