PR Residency Obligation – Entry & Appeal Strategy Consultation

[prasadhmaharaj]

I became a Canadian PR on July 13, 2019. I was physically present in Canada from July 13, 2019 – November 30, 2019 and January 6, 2020 – September 24, 2021 (total ~769 days). I have been outside Canada since September 24, 2021.


I am an Indian citizen currently working in the United States on a valid U.S. work visa (valid through 2027). I plan to enter Canada on March 12, 2026 to permanently re-establish residence.


I understand that under the rolling 5-year window at entry, I would only have ~197 days and therefore be short of the 730-day requirement. I have no criminal history or misrepresentation issues, and my spouse is also a PR.


If I am issued a Section 44 report at entry, what are my realistic chances on appeal, and would you recommend appealing or voluntarily renouncing PR and pursuing spousal sponsorship instead?

 

[Besram]

It sounds like your non-compliance with the RO is a choice you made due to better employment prospects in the US. In general, and unless there are any other factors to consider, these are generally considered very weak humanitarian or compassionate grounds to keep your PR.

If it comes to a section 44 report at entry and a subsequent removal order, based on the information you have shared, your likelihood of winning an appeal is not good, given lack of H&C reasons, no / limited establishment in Canada and extensive non-compliance. But I would highly recommend getting this verified with an immigration lawyer (not consultant), when the time comes.

If (and this "if" is important), your spouse meets the RO, it appears getting sponsored again is the more promising pathway.

All that said, you may not be issued a report at the border, in which case you can just stay in Canada until you are back in compliance, then apply for a new PR card. While it is perfectly legal not to have a valid PR card while living in Canada, you may face issues applying for healthcare and getting a SIN or a driver's license without it, depending on the province.

 

[scylla]

I became a Canadian PR on July 13, 2019. I was physically present in Canada from July 13, 2019 – November 30, 2019 and January 6, 2020 – September 24, 2021 (total ~769 days). I have been outside Canada since September 24, 2021.


I am an Indian citizen currently working in the United States on a valid U.S. work visa (valid through 2027). I plan to enter Canada on March 12, 2026 to permanently re-establish residence.


I understand that under the rolling 5-year window at entry, I would only have ~197 days and therefore be short of the 730-day requirement. I have no criminal history or misrepresentation issues, and my spouse is also a PR.


If I am issued a Section 44 report at entry, what are my realistic chances on appeal, and would you recommend appealing or voluntarily renouncing PR and pursuing spousal sponsorship instead?

What are your H&C reasons for failing to meet the residency obligation? Working outside of Canada is not accepted as a reason.

Is your spouse living in Canada and does your spouse meet RO?

 

[armoured]

All that said, you may not be issued a report at the border, in which case you can just stay in Canada until you are back in compliance, then apply for a new PR card. While it is perfectly legal not to have a valid PR card while living in Canada, you may face issues applying for healthcare and getting a SIN or a driver's license without it, depending on the province.

I'd only add here that IF not issued a report / waived through at the border, it is really not recommended to travel until back in compliance - which is going to be two straight years (if I understood the dates mentioned by @prasadhmaharaj above).

Which is fine for those who can/will just stay.

BUT: if you ( @prasadhmaharaj ) expect that you will need to travel a lot for work or personal reasons, that may simply not be compatible with being a PR who is not in compliance with the residency obligation.

This is up to you but pointing out here up front that there are lots of circumstances where it may make more sense to renounce PR status and re-apply (be sponsored anew) - with the major caveat that it is important that your spouse is in compliance with the RO.

This has trade-offs to, from the logistical/financial of when you expect/want/need to return to Canada, whether you need to work in Canada as soon as you return, or have the resources to wait it out before working (either in Canada or to continue working for a period in USA), to the 'worst case scenario' situation such as what happens if your spouse can't sponsor you for some reason (it has happened, for example, that the sponsor has passed away during the sponsorship - or the more common occurrence of the couple divorcing/separating during the sponsorship).

This forum can give some thoughts or point out pluses and minuses. But it may also be a case where an experienced immigration lawyer may be better placed.

Ultimately up to you as to how to proceed. There is of course also no guarantee you'll not be reported, either.