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PR residency RO doesn’t met

Amsajtwin

Newbie
May 20, 2019
4
0
Because your son is a PR, he will not be denied entry into Canada by CBSA, but his leaving is not without risk.

It is possible that he could be issued a 44(1) report for not being able to meet his Residency Obligation (R.O.), but even then, he would be admitted. If this happens, it would be the beginning of him possibly losing PR status, but based on your reasoning for why he will not be in compliance, could be strong H&C grounds, in my opinion.

Best option is for him to remain in Canada until he has accrued at least 730 days. Is that more important to you and your family than leaving for a traditional ceremony? Only you can make that decision.

Good luck!
Hi, Thank You for your response. The ceremony is very important for my family as it would be the last one of its kind and the most difficult part for us is that we dont have close friends or relatives around here who could take care of our boy for the two weeks we are gone from December 23, 2023 to January 8th ,2024. So, that leaves us with the only choice of taking him with us. Also, since me and my husband continues to remain as PR as we fulfill the Residency Obligation, how/ when can we get our child back to PR status?
 

armoured

VIP Member
Feb 1, 2015
15,463
7,876
Also, since me and my husband continues to remain as PR as we fulfill the Residency Obligation, how/ when can we get our child back to PR status?
Several important points that are undisputed facts:
1) PR status does not 'expire.' Even if out of compliance with the residency obligation, a PR remains a PR (whether one has a valid PR card or not) until PR status is formally revoked or renounced. Your child remains a PR.
2) The PR card is not the PR status, but in your case - wanting to travel back for an important ceremony - it will play a crucial role in allowing the boy to board the airplane to return to Canada.
3) Also indisputable: if a PR returns to Canada and presents at a port of entry (i.e. the passport desk at the airport n Canada), the PR must be admitted.

Now where it gets uncertain is whether the boy will be admitted by simply being waved through, or warned to be careful about the residency oblgiation, or 'reported' for not being compliant. (That last, being reported, is a longer separate topic I don't wish to go into because I believe it will just confuse things for now - suffice to say even the worst case scenario - he loses PR status but is in Canada - is not that bad as he could be sponsored anew, and I really, really doubt that worst case scenario would come to pass).

Suffice to say, as I wrote above: I believe the chances are low that there will be no issue on return. And for the reasons I wrote above: you have reasons (covid), he's only a bit out of compliance, he's a minor with parents who are in compliance, etc., etc. I cannot guarantee there will be no issue, but

Two simple conclusions with warnings/caveats: it is really importnat that he return to Canada while his PR card is still valid. And two, there are zero issues with residing in Canada with an expired PR card (nothing illegal about it), just wait until he is in compliance again before applying to renew the card. (That might make travel abroad inadvisable for him for a few months).

I commend you for checking carefully in advance - but if you follow the basics above, you should all be fine.
 
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bricksonly

Hero Member
Mar 18, 2018
433
54
Hi, Thank You for your response. The ceremony is very important for my family as it would be the last one of its kind and the most difficult part for us is that we dont have close friends or relatives around here who could take care of our boy for the two weeks we are gone from December 23, 2023 to January 8th ,2024. So, that leaves us with the only choice of taking him with us. Also, since me and my husband continues to remain as PR as we fulfill the Residency Obligation, how/ when can we get our child back to PR status?
Your kid will be 100% OK, just don't lose your kid's valid pr card, because to apply for prtd for him is a headache. CBSA is very friendly to family with kids.
 
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YVR123

VIP Member
Jul 27, 2017
6,559
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Hi, Thank You for your response. The ceremony is very important for my family as it would be the last one of its kind and the most difficult part for us is that we dont have close friends or relatives around here who could take care of our boy for the two weeks we are gone from December 23, 2023 to January 8th ,2024. So, that leaves us with the only choice of taking him with us. Also, since me and my husband continues to remain as PR as we fulfill the Residency Obligation, how/ when can we get our child back to PR status?
Agree that if both parents meet their RO and the kid has a valid PR card, the chance of CBSA going out of the way to check a kid's RO is very very low.

He will be fine.
 

armoured

VIP Member
Feb 1, 2015
15,463
7,876
I believe the chances are low that there will be no issue on return.
Sorry, to clarify: that was poor phrasing on my part. Chances are high that there will be no issue (low that any issue would occur). Mea culpa.

(That might make travel abroad inadvisable for him for a few months).
Again for clarity: the period in which it may be inadvisable to travel is when he does not have a valid PR card (and not in compliance), i.e., after the card expiry and until renewed.