Possible problems during re-entry

[msmahmood]

Hello,

This is regarding my brother who is returning to Canada to settle in permanently after landing here earlier.
Here is his timeline:
1) Landed on February 29th 2016
2) Received PR card and stayed till August 20th 2016,
3) Now he is planning to return for good in January, 2019.

Going by this, he will full full his residency requirements around August 2020. The problem is, he didn't inform IRC about his return specifically and it would be 2+ years that he would have stayed outside of Canada by the time he returns.

Question) Would CBSA give him any troubles for staying outside of Canada for 2+ years?
He would have proof of his 6 months stay in 2016 if thats all they are going to ask.

Should he call iirc and inform them now about his stay? or if there is anything else he should consider?

 

[steaky]

No need to inform IRCC until PR card renewal.

No one knows what CBSA you encountered.

 

[msmahmood]

No need to inform IRCC until PR card renewal.

No one knows what CBSA you encountered.

I haven’t encountered any cbsa, I have heard that cbsa asks questions etc if the person had stayed out of Canada for more than 2 years on PR Status. Just wanted to know what they could be asking so I can ask my brother to be prepared when he returns in January.

 

[meyakanor]

If your friend re-enters Canada before the third anniversary of his landing date (please tell him to ignore the date on his PR card), then he should be fine. So if he landed on February 29 2016, then if he re-enters by February 20 2019 or so, he could not have been in a breach of the residency obligation, and he should be fine.

Keep in mind though that it's normally not wise at all to leave it to the very last minute. If he re-enters Canada after being out for that long, then he would not have enough wiggle room, and he would pretty much have to stay in the country for two years straight without leaving at all (not even for a day trip in the US, or for any emergency reason) to maintain his permanent resident status.

 

[canuck78]

If your friend re-enters Canada before the third anniversary of his landing date (please tell him to ignore the date on his PR card), then he should be fine. So if he landed on February 29 2016, then if he re-enters by February 20 2019 or so, he could not have been in a breach of the residency obligation, and he should be fine.

Keep in mind though that it's normally not wise at all to leave it to the very last minute. If he re-enters Canada after being out for that long, then he would not have enough wiggle room, and he would pretty much have to stay in the country for two years straight without leaving at all (not even for a day trip in the US, or for any emergency reason) to maintain his permanent resident status.

Just wanted to correct something. Your friend spent time in Canada after landing but he must not spend over 3 years outside Canada in the 5 years past his landing date. Would recommend he not spend 3 years outside Canada so he can leave for visits or vacations before he can renew his PR.

 

[msmahmood]

If your friend re-enters Canada before the third anniversary of his landing date (please tell him to ignore the date on his PR card), then he should be fine. So if he landed on February 29 2016, then if he re-enters by February 20 2019 or so, he could not have been in a breach of the residency obligation, and he should be fine.

Keep in mind though that it's normally not wise at all to leave it to the very last minute. If he re-enters Canada after being out for that long, then he would not have enough wiggle room, and he would pretty much have to stay in the country for two years straight without leaving at all (not even for a day trip in the US, or for any emergency reason) to maintain his permanent resident status.

yeah he would be here beginning of january, so at least 1.5 months before his 3rd anniversary,

 

[msmahmood]

Just wanted to correct something. Your friend spent time in Canada after landing but he must not spend over 3 years outside Canada in the 5 years past his landing date. Would recommend he not spend 3 years outside Canada so he can leave for visits or vacations before he can renew his PR.

yeah, he has lived here for 6 months already, and he would be coming 1.5 months before his anniversary. So he would only be out of Canada for about 2.5 years out of the 5 years.