Not fulfilling residency obligations

[mary1980]

Hello ,
Me ,my husband and twin kids are landed immigrants since 28 may 2012 ,we stayed there for a month then came back to home country egypt for family issues as my mom was admitted to ICU ,at that period we were blessed by another baby , I applied for her visa and received it but after long period since application (about 7 months) as the embassy is closed in Egypt .now we are considering going to Canada permenantly but there will be about 2 months left to fulfill RO .I'm asking whether it possible to enter Canada in our situation or not and if yes do they usually ask people at the airport about time spent outside Canada .
Thanks

 

[dpenabill]

Hello ,
Me ,my husband and twin kids are landed immigrants since 28 may 2012 ,we stayed there for a month then came back to home country egypt for family issues as my mom was admitted to ICU ,at that period we were blessed by another baby , I applied for her visa and received it but after long period since application (about 7 months) as the embassy is closed in Egypt .now we are considering going to Canada permenantly but there will be about 2 months left to fulfill RO .I'm asking whether it possible to enter Canada in our situation or not and if yes do they usually ask people at the airport about time spent outside Canada .
Thanks

If you have been outside Canada for 1095 or more days since the date you landed, you are (as you apprehend) in breach of the PR Residency Obligation. However, H&C grounds must be taken into consideration when assessing the PR's compliance.

The sooner you make the trip (thus the less in breach of the PR RO you are when you arrive) the better, the more likely it is that the officers at the POE will not issue a 44(1) report.

In particular, if your PR cards are still valid for two more years, or close to two years, when you arrive at the POE in Canada, there is a very good chance the border officers will not even be concerned about checking your compliance with the PR RO. But, since you are in breach, you are at risk, so it would be a good idea to organize how you will explain why it has taken this long to make the trip to finally settle in Canada, and have in your hands any supporting documentation . . . such as something from the doctor about your mother's condition.

No one can guarantee it will go OK, but if you make the trip soon my best guess is that your circumstances are likely to get a pass, that you will most likely be allowed to retain your PR status.

As for what happens at the border, at the POE: you could be waived through without much of an interview at all, or you could be referred to secondary where you will explain your reasons for taking so long to come back to Canada, and show your supporting documents. If that satisfies the officer (best guess is that it will, but there is no guarantee), you are waived into Canada or given some advice (admonition) about the Residency Obligation and waived into Canada.

If for some reason the officer is not satisfied, worst case scenario is that you are issued a 44(1) report followed by a Removal Order, but then still allowed to enter Canada. You will have 30 days to make an appeal of the Removal Order, which in the circumstances you describe you should and you should have good odds of success; best to have a lawyer, if you can afford one, to help in that process.

Good luck.

 

[mary1980]

Thank you very much for your reply

 

[Leemao]

If you have been outside Canada for 1095 or more days since the date you landed, you are (as you apprehend) in breach of the PR Residency Obligation. However, H&C grounds must be taken into consideration when assessing the PR's compliance.

The sooner you make the trip (thus the less in breach of the PR RO you are when you arrive) the better, the more likely it is that the officers at the POE will not issue a 44(1) report.

In particular, if your PR cards are still valid for two more years, or close to two years, when you arrive at the POE in Canada, there is a very good chance the border officers will not even be concerned about checking your compliance with the PR RO. But, since you are in breach, you are at risk, so it would be a good idea to organize how you will explain why it has taken this long to make the trip to finally settle in Canada, and have in your hands any supporting documentation . . . such as something from the doctor about your mother's condition.

No one can guarantee it will go OK, but if you make the trip soon my best guess is that your circumstances are likely to get a pass, that you will most likely be allowed to retain your PR status.

As for what happens at the border, at the POE: you could be waived through without much of an interview at all, or you could be referred to secondary where you will explain your reasons for taking so long to come back to Canada, and show your supporting documents. If that satisfies the officer (best guess is that it will, but there is no guarantee), you are waived into Canada or given some advice (admonition) about the Residency Obligation and waived into Canada.

If for some reason the officer is not satisfied, worst case scenario is that you are issued a 44(1) report followed by a Removal Order, but then still allowed to enter Canada. You will have 30 days to make an appeal of the Removal Order, which in the circumstances you describe you should and you should have good odds of success; best to have a lawyer, if you can afford one, to help in that process.

Good luck.

I need an urgent and important advice as i have a similar situation. I am a permanent resident since august 2012 me my wife and my 4 years old daughter i have been to canada twice with my family and 3 more times on my own to do my exams for licensing as a doctor which i passed all. me and my family almost stayed for one and half month but i stayed 20 days more. i applied to many licensing bodies to get a job as a physician of to be accepted to one of the provincial programs but still no results, if i come to canada i ll lose my job here and i ll be out of practice and if i don't come i ll be jeopardising my pr status. I am planning to come if there is job offer by february 2016. I am afraid i ll not be allowed into canada then as i don't fulfil the 2 years period. Can i rely on all these reasons for example my preparation for the exams and maintaining my practice as this is one of the criteria to get license as well as my little son canadian citizenship who was born in 2013 in canada. or shall i try to come earlier to prove that i intend to stay for the remaining period to fulfill the pr obligation
please help

 

[chinttong]

I also have very similar issue:

My parents landed on Oct 2012 but only stayed for 3 weeks and then back to home country.

What can my parents do to extend the PR status?

I heard look time again if my parents purchase a property in Canada, it may help? Any suggestion or method would help.

Thanks.

 

[scylla]

I also have very similar issue:

My parents landed on Oct 2012 but only stayed for 3 weeks and then back to home country.

What can my parents do to extend the PR status?

I heard look time again if my parents purchase a property in Canada, it may help? Any suggestion or method would help.

Thanks.

They need to live in Canada for 2 out of every 5 rolling years to keep PR status - just like anyone else. Purchasing property in Canada won't help or make any difference. They need to meet the residency requirement.

 

[dpenabill]

I need an urgent and important advice as i have a similar situation. I am a permanent resident since august 2012 me my wife and my 4 years old daughter i have been to canada twice with my family and 3 more times on my own to do my exams for licensing as a doctor which i passed all. me and my family almost stayed for one and half month but i stayed 20 days more. i applied to many licensing bodies to get a job as a physician of to be accepted to one of the provincial programs but still no results, if i come to canada i ll lose my job here and i ll be out of practice and if i don't come i ll be jeopardising my pr status. I am planning to come if there is job offer by february 2016. I am afraid i ll not be allowed into canada then as i don't fulfil the 2 years period. Can i rely on all these reasons for example my preparation for the exams and maintaining my practice as this is one of the criteria to get license as well as my little son canadian citizenship who was born in 2013 in canada. or shall i try to come earlier to prove that i intend to stay for the remaining period to fulfill the pr obligation
please help

I am no expert.

I am NOT qualified to offer personal advice.

And, overall, a forum like this is a good resource to find out general information, or where to find more information, learn some aspects of these matters not clear in formal instructions, share experiences, and otherwise share information toward increasing our collective understanding about how things work.

But a forum like this is NOT a good venue for obtaining personal advice.

There are many posts here, in multiple topics, which go into some detail regarding what is involved in cases involving PR Residency Obligation compliance. There are no fixed answers beyond the definitive obligation itself: to be present in Canada for 730 days during any given five year period . . . or, for the PR within the first five years, to not be absent more than 1095 days before the fifth year anniversary of landing.

What you quoted from my previous post outlines some factors which someone cutting it very close can hang hope on despite being in breach of the PR Residency Obligation. As noted, though, to be in breach is to be at risk of losing PR status.

In particular, beyond meeting the PR RO, the PR risks losing status. CBSA and CIC have been flexible, even lenient in the past. But there are no reliable guidelines for who or when there will be leniency. H&C grounds must be considered, but to a large extent the Residency Obligation itself is deemed to inherently accommodate most circumstances.

To miss meeting the PR Residency Obligation is a gamble. That's it. Gambling. If you have ever played poker, you know it doesn't work having someone sitting behind you explaining the odds. If you haven't played poker, you probably aren't a gambler by nature, and that should be a clue.

 

[Msafiri]

Hello ,
Me ,my husband and twin kids are landed immigrants since 28 may 2012 ,we stayed there for a month then came back to home country egypt for family issues as my mom was admitted to ICU ,at that period we were blessed by another baby , I applied for her visa and received it but after long period since application (about 7 months) as the embassy is closed in Egypt .now we are considering going to Canada permenantly but there will be about 2 months left to fulfill RO .I'm asking whether it possible to enter Canada in our situation or not and if yes do they usually ask people at the airport about time spent outside Canada .
Thanks

Typically where there is a significant delay in processing by CIC that is not your fault the courts would consider this under H&C grounds...its not like you could leave your new born behind while the visa was being processed. Once the visa was issued though the longer you delay a return the weaker this reason for H&C grounds becomes!! If the visa has expired well then that makes it even worse!

 

[Angela19]

Hi, I sponsored a friend and she's been in Canada for 1 yr now. She wants to go back home and renounce her PR status. Please let me know how her decision will affect me if I want to sponsor other family/friend?

If she stays for another year to fulfill the residency obligation, will I have a chance to sponsor other family/friend? Thank you so much!

Please help me.

 

[Msafiri]

Hi, I sponsored a friend and she's been in Canada for 1 yr now. She wants to go back home and renounce her PR status. Please let me know how her decision will affect me if I want to sponsor other family/friend?

If she stays for another year to fulfill the residency obligation, will I have a chance to sponsor other family/friend? Thank you so much!

Please help me.

Under what class did you sponsor your friend? What class would be the new sponsorship? Since there is no 'friend' category that I am aware of there could be risks of misrepresentation. Also for some classes there is a time factor where you can't sponsor anew until say a 5 year period has passed. Not enough detail in your post!!

 

[Angela19]

Sorry, I used the Regulation 10 of the Immigration and Refugee Protection Act (IRPA) under the provincial nominee program in Manitoba. And I'm planning to sponsor a family member this year.

Does she (my friend) needs to stay for 2 years to complete the residency obligation then she can renounce it if she wants? I'm afraid that I will be banned and will not be able to sponsor anymore if she renounce it this year since the last one is not successful.

Thank you.