Landing as PR without meeting 730 day Residency Obligation

[welpure2]

Hi all,

I moved to Canada in Spetember 2019 on work permit and got my PR in August 2021 and the PR is valid till August 2026.

I moved out of Canadan in Spetember 2022 and visited again on May 2023 for 3 days. I am outside Canada for rest of the time.

I was physically present in Canada for only 389 days after becoming PR and currently do not have any plans move back to Canada in next 1 year. I was continously present in Canada from September 2019 till August 2021 (when I got my PR).

However, I have plans to visit Canada in Decemebr 2025 for a week. I will be entering via land border from the US.

My questions:

Will I be allowed to enter Canada on my PR? Will there be an issues at the border that I must be aware of?

Are the days I was present in CA on work permit count for 730 days calculation?

Please share your experience at the border if you were in a similar situation.

 

[Ponga]

So as of today, you need 341 additional days in Canada before your 5 year window closes sometime ~ in August of next year. With today being 20 October, you need to understand that you are no longer in compliance; you can't accrue those days based on your plans.
If, for example you became a PR on 31 Aug 2021, there's still no way to add 341 days to your current number of 389 on, or before 31 Aug 2026. If this is the case, you are now in breach of your Residency Obligation because `the math' doesn't get you there by that date.

1a. Yes. Unless a PR's status has been [officially] revoked or has been renounced by the PR, their entry into Canada is all but guaranteed...so long as they are not deemed to be otherwise inadmissible (i.e. criminality).

1b. You should be prepared to be questioned (perhaps at length) by CBSA as to why you have been away so long. If the officer determines that you will not meet the 730 days in Canada requirement to maintain your status, you could be issued a 44(1) report that could lead to your status being revoked. If that happens, you will still be allowed to enter Canada.

2. No, those days do NOT count because you were not yet a PR.