Need Help, Can i enter Canada ?

[priya967patel]

thank you all for the valuable information you all are providing here.May all of you and your loved one are healthy.
i have a question , i hope someone can respond or point me to a thread which already has this issue discussed.Please Help

Question:
i landed in Canada in Feb 2017 and stayed in Canada for 3 days in which i did all the formalities for PR and then exited Canada.i have SIN number
i have my PR Card with me which is valid till Feb2022.
the condition that to maintain PR is that i should be in Canada for 3 years.I didnt met this condition because i never went back to Canada.My three years completed in Feb2020.i had planned to go back to canada in feb 2020 but due to Pandemic i couldnt and thus i didnt met the condition of 3 years stay.

Now is it possible to immigrate/move into Canada ? Can i use the Valid PR Card that i have to enter Canada or i will be kicked out by immigration officer when i land at the airport ?because i have not meet the condition of stay?

Is my PR Card became invalid because i didnt stay in Canada for 3 years?


Please Please help.i really stressed out

Thank You.

 

[primaprime]

The residency obligation is two years out of five, not three.

You can return on your PR card as you are a PR unless and until it is revoked. You can hope the agent at the border doesn't notice you haven't met your RO and lets you in, in which case you should not leave Canada for the next two years so you can be in compliance.

However, if they do notice they can report you, and you will be entered into proceedings to have your PR revoked. Since you were only in Canada for three days, you would probably have to have a very compelling excuse for why you failed to meet your RO.

 

[priya967patel]

The residency obligation is two years out of five, not three.

You can return on your PR card as you are a PR unless and until it is revoked. You can hope the agent at the border doesn't notice you haven't met your RO and lets you in, in which case you should not leave Canada for the next two years so you can be in compliance.

However, if they do notice they can report you, and you will be entered into proceedings to have your PR revoked. Since you were only in Canada for three days, you would probably have to have a very compelling excuse for why you failed to meet your RO.

thank you primaprime!
thank you for correcting me regarding residency obligation timeline.

when you say "if they do notice they can report you, and you will be entered into proceedings to have your PR revoked. " does it mean putting me in kind of detention centre /jail or house arrest ? any more information about proceedings to have PR revoked will be much appreciated.

Sending you good health wishes from my side too you.Thank you .i really appreciated your QUICK response

 

[primaprime]

No, they would let you in pending your appearance before the Immigration and Refugee Board, where you (and your attorney) would likely admit you failed to meet your RO but petition for relief on humanitarian and compassionate grounds.

Your situation is helped mainly by the fact that it hasn't been five years yet and your card is still valid, so the officer would have to infer that it would be impossible for you to meet the RO before February 2022, and not all of them will do that. The best-case scenario is nothing happens.

Still, if you end up in front of the IRB, these are the factors they consider:

• the extent of the non-compliance with the residency obligation;
• the reasons for the departure and stay abroad;
• the degree of establishment in Canada, initially and at the time of hearing;
• family ties to Canada;
• whether attempts to return to Canada were made at the first opportunity;
• hardship and dislocation to family members in Canada if the Appellant is removed from or is refused admission to Canada;
• the best interests of any minor child involved;
• hardship to the Appellant if removed from or refused admissions to Canada; and;
• whether there are other unique or special circumstances that merit special relief.

The extent of non-compliance is weighed against the other factors such that greater non-compliance requires greater reasoning and evidence in the appellant's favour to overcome. Frankly, with only three days of presence this would be difficult for you. The RO is not seen as difficult to meet; being gone longer than 60% of the time is viewed as proof the PR has chosen to abandon Canada.

 

[akhil994]

The condition that to maintain PR is that i should be in Canada for 3 years.I didnt met this condition because i never went back to Canada.My three years completed in Feb2020.i had planned to go back to canada in feb 2020 but due to Pandemic i couldnt and thus i didnt met the condition of 3 years stay.

Sorry but this does not make sense somehow and might be used by the officer. The WHO declared this as a Pandemic in March 2020, all flights were operational before that. The borders were open. Not many countries apart from China had that many cases. He might consider that you are using the COVID pandemic to justify not moving.

 

[primaprime]

Sorry but this does not make sense somehow and might be used by the officer. The WHO declared this as a Pandemic in March 2020, all flights were operational before that. The borders were open. Not many countries apart from China had that many cases. He might consider that you are using the COVID pandemic to justify not moving.

OP has also already had three years to accumulate presence in Canada.