PR holder- border guards “warning” me (nicely(

[maxshrike]

Hi- I’m a PR holder living in the US, I activated in Aug 2020. I have visited Canada for about 105 days total since activation. Due to many reasons (Covid, job, etc), I have not moved permanently to Canada from the US. The last two ground border crossings the Canadian border guards have sort of “warned” me that immigration could revoke my PR card if I haven’t moved. Now, I thought the card is good for five years from activation- that’s August 2025, and that I “just” need to spend 730 days in Canada during the card’s valid period. Doesn’t that mean I could initiate my move for the last 730 days? Ie: stay in US for 3 years then enter for the last 2? The 730 days are cumulative, and don’t have to be consecutive. I’m keeping track of my days in and out of Canada.

Any thoughts on what the guards are “warning” me about?

 

[scylla]

Hi- I’m a PR holder living in the US, I activated in Aug 2020. I have visited Canada for about 105 days total since activation. Due to many reasons (Covid, job, etc), I have not moved permanently to Canada from the US. The last two ground border crossings the Canadian border guards have sort of “warned” me that immigration could revoke my PR card if I haven’t moved. Now, I thought the card is good for five years from activation- that’s August 2025, and that I “just” need to spend 730 days in Canada during the card’s valid period. Doesn’t that mean I could initiate my move for the last 730 days? Ie: stay in US for 3 years then enter for the last 2? The 730 days are cumulative, and don’t have to be consecutive. I’m keeping track of my days in and out of Canada.

Any thoughts on what the guards are “warning” me about?

The 730 days is a rolling requirement that you must meet every 5 rolling years, starting from your landing date. It actually has nothing to do with the validity on your PR card.

So technically you could initiate your move 730 days before your 5 year landing anniversary date.

Again, forget about the date on the card. You need to calculate using your landing date and then continue to meet the 730 days every five year rolling period from them.

 

[maxshrike]

Agree, that’s what I thought. Here’s a question- what if in that 5 years, I miss the 730 day requirement? Is it that I have to re-apply? Or … what happens? I am trying to move in 2023, just wondering what happens if I miss the 730 total in the five years? And thanks!

 

[Buletruck]

Agree, that’s what I thought. Here’s a question- what if in that 5 years, I miss the 730 day requirement? Is it that I have to re-apply? Or … what happens? I am trying to move in 2023, just wondering what happens if I miss the 730 total in the five years? And thanks!

You expose yourself to having your PR revoked for failing to meet residency obligation (RO).

 

[maxshrike]

…good answer- that is likely what the border guards were discussing with me. Just checking on the context to see if I missed something - once I told them I knew about the RO, they said “oh, ok, you understand the time requirements…” (something like that)

 

[armoured]

…good answer- that is likely what the border guards were discussing with me. Just checking on the context to see if I missed something - once I told them I knew about the RO, they said “oh, ok, you understand the time requirements…” (something like that)

Sounds like they were friendly warning you of the risks and reminding of the existence of the residency obligation.

Because two of the top types of issues for PRs here are, yes, claim that they didn't know about the residency obligation or misunderstood it, and probably even more often, knew about it, planned to return on time, and then either something came up and they couldn't land in time or they do land and realize that the residency obligation is incompatible with work/family/whatever requirements (i.e. they are out of compliance or close to it and need to travel).

 

[maxshrike]

I found this interesting- an immigration firm I consulted mentioned this: in my case, I am living in US with my Canadian citizen Wife and we have two young children together who are also Canadian citizens. Something like this:

“There are several exceptions to the general rule. Under some circumstances, time spent outside of Canada is counted as time in Canada. These circumstances include the following:

• If you are outside of Canada accompanying a spouse or common law partner who is a Canadian citizen.
• The same principal applies to children of Canadian citizens living outside of Canada with a Canadian citizen parent, until the child turns 22 years of age.”

The above is essentially what the immigration consultant told me- now to find out how this all goes down…or comes about…

 

[Ponga]

Agree, that’s what I thought. Here’s a question- what if in that 5 years, I miss the 730 day requirement? Is it that I have to re-apply? Or … what happens? I am trying to move in 2023, just wondering what happens if I miss the 730 total in the five years? And thanks!

Your PR status doesn't expire. The PR card expires. That's what you need to re-apply for every 5 years.

I found this interesting- an immigration firm I consulted mentioned this: in my case, I am living in US with my Canadian citizen Wife and we have two young children together who are also Canadian citizens. Something like this:

“There are several exceptions to the general rule. Under some circumstances, time spent outside of Canada is counted as time in Canada. These circumstances include the following:

• If you are outside of Canada accompanying a spouse or common law partner who is a Canadian citizen.
• The same principal applies to children of Canadian citizens living outside of Canada with a Canadian citizen parent, until the child turns 22 years of age.”

The above is essentially what the immigration consultant told me- now to find out how this all goes down…or comes about…

This is a tricky one, because it often times boils down to `who followed who'. Did your Canadian wife and children come to you, or did you accompany her to be able to remain in the U.S.? Since you state that you have yet to `move' to Canada, I suspect this would be seen as her following you.

How is your wife able to `live' in the U.S.?

 

[canuck78]

I found this interesting- an immigration firm I consulted mentioned this: in my case, I am living in US with my Canadian citizen Wife and we have two young children together who are also Canadian citizens. Something like this:

“There are several exceptions to the general rule. Under some circumstances, time spent outside of Canada is counted as time in Canada. These circumstances include the following:

• If you are outside of Canada accompanying a spouse or common law partner who is a Canadian citizen.
• The same principal applies to children of Canadian citizens living outside of Canada with a Canadian citizen parent, until the child turns 22 years of age.”

The above is essentially what the immigration consultant told me- now to find out how this all goes down…or comes about…

This usually only applies if the PR has actually lived in Canada with their Canadian spouse and has moved abroad after settling in Canada. The move should also be initiated by the Canadian’s career but there is some flexibility. You would have had to show co Crete proof that your family planned on relocating to Canada to get your PR because too many spouses of Canadians were landing getting their PR but never moving to Canada. I assume that is also one of the reasons CBSA is highlighting that you haven’t moved to Canada.

We see many cases on this forum where people wait until the last 2 years to move to Canada then an emergency happens, they need to travel for work, etc. It is very risky to leave moving to the very last minute without any buffer time.

 

[Hopeful007]

I think I read some people moving after many years with an expired PR card (no idea how they cross the border), and wait for 3 years to apply for PR card renewal.

 

[scylla]

I think I read some people moving after many years with an expired PR card (no idea how they cross the border), and wait for 3 years to apply for PR card renewal.

It's 2 years. Not 3 years.