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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
17,018
8,714
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.
 

bricksonly

Hero Member
Mar 18, 2018
434
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
7,319
2,835
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
17,018
8,714
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.
 

Aarunb

Full Member
May 19, 2020
32
1
I submitted my pr card replacement application on February 20th and still haven't received the card yet.The processing time was 2 months but it's April 22nd and I haven't received the pr card.I have to travel to India as I'm the primary caretaker for a family member and planning on booking the flight within next 2 weeks.How long is my application going to take?

Regards
 

armoured

VIP Member
Feb 1, 2015
17,018
8,714
I submitted my pr card replacement application on February 20th and still haven't received the card yet.The processing time was 2 months but it's April 22nd and I haven't received the pr card.I have to travel to India as I'm the primary caretaker for a family member and planning on booking the flight within next 2 weeks.How long is my application going to take?

Regards
Best get to work, seems there are some threads you haven't yet posted in WITH THE EXACT SAME QUESTION.
 

Aarunb

Full Member
May 19, 2020
32
1
I need ircc to give me an answer , why can't I contact them? I hate the system.i tried calling them early mornings, going to their offices.i have a family member who has serious illness,pls understand
 

armoured

VIP Member
Feb 1, 2015
17,018
8,714
I need ircc to give me an answer , why can't I contact them? I hate the system.i tried calling them early mornings, going to their offices.i have a family member who has serious illness,pls understand

Deep breath. Others have tried to ask you useful questions.

Are you in compliance with the residency obligation or not?
 

Aarunb

Full Member
May 19, 2020
32
1
I became pr on 28 Oct 2007, then I left Canada for like 15 years , returned by prtd under h and c on Feb 18th 2022. Now I applied for pr card on Feb 20th 2024 as it's been 2 consecutive years.i wanna know why its taking ircc so long just for a pr card?
 

dpenabill

VIP Member
Apr 2, 2010
6,419
3,161
I became pr on 28 Oct 2007, then I left Canada for like 15 years , returned by prtd under h and c on Feb 18th 2022. Now I applied for pr card on Feb 20th 2024 as it's been 2 consecutive years.i wanna know why its taking ircc so long just for a pr card?
Relative to IRCC processing generally, two to four months is NOT long, and actually a lot faster than many other applications are processed. Additionally, IRCC does not approach PR card applications as at all urgent. A PR does not need to have a valid PR card to maintain their status as a PR. A PR does not need a valid PR card to travel within Canada at all. A PR does not need a valid PR card to travel outside Canada. And while a valid PR card is far more convenient for a PR outside Canada flying to Canada, for PRs who clearly meet their obligations AND are PERMANENTLY settled in Canada, IRCC will usually promptly process a PR Travel Document application to facilitate travel back to Canada.

That is, generally there is no pressing need to process PR card applications quickly but, nonetheless, generally they are processed more quickly than most other applications made to IRCC.

Meanwhile you have been OUTSIDE Canada more than you have been IN Canada during the preceding five years, by quite a lot. And since becoming a PR you have been outside Canada for 15 years out of the last 17. If IRCC elects to more closely scrutinize your application, which would take even longer, potentially weeks to many months more, that should be NO surprise. The prudent will plan accordingly.

Meanwhile, the routine processing timeline for "most" (meaning at least one more than half) itself varies from week to week, month to month, and has varied from less than two months (not often, and usually not much less than that), to a routine timeline of four to six months, at times six to eight months.

AND it generally takes two to six weeks additional logistical time to print and mail the new PR card. If it is mailed. Any PR might be scheduled to pick up a new PR card in-person at a local IRCC office.

Has anyone suggested taking a deep breath? I suspect yes.
 

YVR123

VIP Member
Jul 27, 2017
7,319
2,835
I submitted my pr card replacement application on February 20th and still haven't received the card yet.The processing time was 2 months but it's April 22nd and I haven't received the pr card.I have to travel to India as I'm the primary caretaker for a family member and planning on booking the flight within next 2 weeks.How long is my application going to take?

Regards
How can you be a primary caretaker for someone in India while you have been in Canada for 2 years. Make some arrangement.

If you applied with not much buffer days, it may take longer for the PR card renewal.
 

rollercoaster

Star Member
Jan 24, 2016
129
3
I didn’t met with RO obligation due to family emergency in home country completed 500 days in five years . My family reside in Canada and applied for citizenship, I entered Canada by US with expired Pr card . IRcc issued me letter for sec 16 a , explanation of hardship not completing RO . I submitted hardship letters with documentary proof but got no response yet .What should I do if , I have to visit home country in emergency situation.
Thanks for sharing this information. Appreciate if you could share any insights. There are many people who're in similar situaiton and would find it useful -

Which land border did you enter from?
What month did you enter?
Also, how long was your PR card expired, when you entered?
Did CBSA grill you a lot in secondary?
 

Buletruck

VIP Member
May 18, 2015
6,858
2,692
I became pr on 28 Oct 2007, then I left Canada for like 15 years , returned by prtd under h and c on Feb 18th 2022. Now I applied for pr card on Feb 20th 2024 as it's been 2 consecutive years.i wanna know why its taking ircc so long just for a pr card?
Book your flight. Nothing stopping you from leaving. Based on your history, I suspect you'll have plenty of time to apply for a PRTD from outside of Canada.
 

Ponga

VIP Member
Oct 22, 2013
10,387
1,448
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Thanks for sharing this information. Appreciate if you could share any insights. There are many people who're in similar situaiton and would find it useful -

Which land border did you enter from?
What month did you enter?
Also, how long was your PR card expired, when you entered?
Did CBSA grill you a lot in secondary?
FWIW...
1. Doesn't matter
2. Also...doesn't matter
3. May be relevant, but would likely still be allowed to enter Canada (if status can be verified and is otherwise not inadmissible)
4. Doesn't matter.

I say this, because every PR that enters Canada with an expired PR Card is likely handled differently. Sometimes...it's dependant on the mood of the CBSA officer, too.