Hi everyone.
I understand that the residency obligation (RO) is 730 days in the past 5 years..
Does that mean I can technically delay my permanent move to Canada for the first 3 years of my PR?
I understand that the border control officer will have discretion when it comes to judging whether I'm meeting my RO, but will the officer let me into the country if I try flying into Canada 3 years after I get my PR?
Will it also hurt my case if I visit Canada every couple months in the meanwhile? I'm concerned the officer will see me using my PR as just another "travel visa".
For the first three years, there is NO question about Residency Obligation compliance. No matter how few days the PR has been in Canada, the PR is still in compliance (there are enough days left to the fifth year anniversary to meet the RO), so no need to question the PR about compliance.
After the third year anniversary, compliance with the RO becomes a question of fact depending on the number of days spent IN Canada.
Thus:
"Does that mean I can technically delay my permanent move to Canada for the first 3 years of my PR?"
Yes, but as others have observed,
cutting-it-so-close is RISKY. The risks are mostly
STUFF HAPPENS risks. A car accident on the way to the airport, resulting in the trip to Canada being delayed by two or four months. A lawsuit. A family illness. An unexpected financial matter. Delayed sale of residence. It is particularly difficult to forecast contingencies two or more years in the future. As the oft quoted cliché derived from Robert Burns puts it: "
The best laid plans of mice and men often go awry."
This forum is rife with tales of woe told by those who did the so-called soft landing with plans to come back and settle, and then this, and then that, delayed their move to actually settle in Canada. Suddenly three years passed by.
"I understand that the border control officer will have discretion when it comes to judging whether I'm meeting my RO, but will the officer let me into the country if I try flying into Canada 3 years after I get my PR?"
Canadians are entitled to enter Canada. For Canadians with citizenship status, this is a Charter Right. For Canadians with PR status, this is a statutory entitlement, which many refer to as a right (but technically it is a privilege not a right). So, if a PR arrives at a PoE, the border officials do NOT have discretion to deny entry. Thus, all a PR needs to do is have sufficient documents to establish identity and status, and the PR will be, must be, allowed into Canada (for this a PR's passport will almost always suffice but it goes a lot easier when the PR also presents his or her PR card, whether valid or expired).
"Will it also hurt my case if I visit Canada every couple months in the meanwhile? I'm concerned the officer will see me using my PR as just another 'travel visa.'"
The more days in Canada the better. The more ties to Canada the better. More trips to Canada is better.
The shorter the most recent absence, the more likely a PoE officer will NOT question the PR's compliance with the RO. Conversely, the longer a PR has been abroad when the PR arrives at the PoE, the more RISK there is an officer will make RO compliance inquiries. (Note: if three years has passed since the last time the PR was in Canada, that makes it OBVIOUS the PR is in breach, since that makes it impossible for the PR to meet the 730 days obligation.)
But of course a pattern of travel effectively revealing the PR only visits Canada, and is not living in Canada, in COMBINATION with being in breach by a significant margin, will eventually become obvious. Thus, while regularly coming and going can mask a relatively small breach, there is no guarantee and any time a PR who is not in compliance with the RO arrives at a PoE, there is a RISK of being questioned and reported.
Does "getting reported" = immediate PR revoke?
If a PR is reported at the PoE AND issued a Departure Order, that is an official decision TERMINATING PR status.
And if the PR is in breach, and the examining officer determines the PR is in breach, UNLESS there are sufficient H&C reasons justifying relief, that is the typical procedure: PR is issued a 44(1) Report AND then, by another officer, a Departure Order.
This does NOT have immediate effect. But the decision to terminate status is nonetheless made. Since it does not have immediate effect the PR remains a PR and is still entitled to enter Canada, and will be allowed to enter Canada.
Nonetheless, again this is the decision terminating status, and it will indeed terminate the PR's status UNLESS the PR affirmatively acts to appeal AND then WINS the appeal.
Some describe the "Report" as starting the process to revoke PR status. I don't get that. Sure, sometimes a PR is issued the Report without that being immediately followed by the Minister's Delegate review (in which event it may be scheduled later), but the usual procedure leading to the official decision to terminate PR status typically is completed then and there, at the PoE, while the PR is still in the PoE. It's done and will take effect in 30 days UNLESS the PR appeals AND WINS the appeal.
