PR RO obligation not Met only 2+4 months in 5 year period

[iengineer86]

Hello Everyone,

My parents got their PR in Oct 2018 and they came right away for about 2 months ( left in Jan 2019), they had to look after my grandparents.
My grandfather passed away in COVID mid of 2021 and my grandmother passed away Nov 2022

Their PR card is expiring in Dec 2023 and they are planning to come back to Canada next year around June/July 2023

I have a few questions:

1. Will there be any trouble in entering Canada, Border officers are going to ask any questions regarding their RO or they are free to enter our goal is once they land we can apply for the renewal of their PR card by stating our reasons mentioned above.

2. Once we apply for Renewal, it is clear that they didn't meet the RO but they have plans of staying here going forward, so usually if the officer accepts their requests of renewing their PR status along with their PR card, usually what is that outcome:
a. They can't leave Canada before they fulfill their 730 days period.
b. Or they will be granted another period of 5 years and they have to meet 730 days condition in that period.

They have no plans for staying back home but I'm just asking if they have to go back for a month or two.

3. If we request to renew their PR status, will be an interview, or how it usually works, if anyone can share their experience?

4. What do you all think the chances are or it all depends on the officer

Thank you all for reading and really appreciate you all taking the time and helping each other.

Best Regard,
Rav

 

[armoured]

Their PR card is expiring in Dec 2023 and they are planning to come back to Canada next year around June/July 2023

Sooner the better.

1. Will there be any trouble in entering Canada, Border officers are going to ask any questions regarding their RO or they are free to enter our goal is once they land we can apply for the renewal of their PR card by stating our reasons mentioned above.

They will be admitted to Canada. They might be 'reported', which would mean they'd have to appeal to retain PR status. They'd remain in canada throughout though.

Yes, they should outline all reasons for leniency - why they were away so long, family in Canada, etc.

2. Once we apply for Renewal, it is clear that they didn't meet the RO but they have plans of staying here going forward, so usually if the officer accepts their requests of renewing their PR status along with their PR card, usually what is that outcome:
a. They can't leave Canada before they fulfill their 730 days period.
b. Or they will be granted another period of 5 years and they have to meet 730 days condition in that period.

Only the PR card has a 'five year period,' the residency obligation is a five years looking back rolling obligation.

Once in Canada: they would be better to not apply to renew card until they have 730 days, and to not travel until then. They do not have to have a valid card while living in Canada - in simple terms, it mainly is used to board a plane back to Canada.

3. If we request to renew their PR status, will be an interview, or how it usually works, if anyone can share their experience?

usually a routine paperwork case IF applying with 730 days+. In some cases, may be asked to go to office to pick up new one.

4. What do you all think the chances are or it all depends on the officer

No-one can really say what chances are. There has been, perhaps, more leniency due to covid but clearly covid as a standalone factor is over, no-one knows when that will effectively end. (Coivd will be considered, just less weight.)

Their chances are better if they return sooner.

That said, many are let in without being reportd for non-compliance.

Personally I think a factor here is that current govt is pro-immigration. This doesn't mean there's a direct correlation or link (no minister saying "be extra lenient", or at least not likely) but the tenor of govt approach to immigration passes down, one way or another, to the front lines. Political mood can change though even without a government changing.

 

[iengineer86]

Sooner the better.



They will be admitted to Canada. They might be 'reported', which would mean they'd have to appeal to retain PR status. They'd remain in canada throughout though.

Yes, they should outline all reasons for leniency - why they were away so long, family in Canada, etc.



Only the PR card has a 'five year period,' the residency obligation is a five years looking back rolling obligation.

Once in Canada: they would be better to not apply to renew card until they have 730 days, and to not travel until then. They do not have to have a valid card while living in Canada - in simple terms, it mainly is used to board a plane back to Canada.



usually a routine paperwork case IF applying with 730 days+. In some cases, may be asked to go to office to pick up new one.



No-one can really say what chances are. There has been, perhaps, more leniency due to covid but clearly covid as a standalone factor is over, no-one knows when that will effectively end. (Coivd will be considered, just less weight.)

Their chances are better if they return sooner.

That said, many are let in without being reportd for non-compliance.

Personally I think a factor here is that current govt is pro-immigration. This doesn't mean there's a direct correlation or link (no minister saying "be extra lenient", or at least not likely) but the tenor of govt approach to immigration passes down, one way or another, to the front lines. Political mood can change though even without a government changing.

This is what I love about the threads and power of the public platform, Thank you tonnes armoured , really appreciate you taking the time and providing your valuable input.

I will take each and every point into consideration and will try if they can come ASAP.

 

[armoured]

I will take each and every point into consideration and will try if they can come ASAP.

YOu will see that there are many threads here on similar topic, you can read to get some idea or more detial where needed, I was a bit brief in keeping it short.

 

[canuck78]

Sooner the better.



They will be admitted to Canada. They might be 'reported', which would mean they'd have to appeal to retain PR status. They'd remain in canada throughout though.

Yes, they should outline all reasons for leniency - why they were away so long, family in Canada, etc.



Only the PR card has a 'five year period,' the residency obligation is a five years looking back rolling obligation.

Once in Canada: they would be better to not apply to renew card until they have 730 days, and to not travel until then. They do not have to have a valid card while living in Canada - in simple terms, it mainly is used to board a plane back to Canada.



usually a routine paperwork case IF applying with 730 days+. In some cases, may be asked to go to office to pick up new one.



No-one can really say what chances are. There has been, perhaps, more leniency due to covid but clearly covid as a standalone factor is over, no-one knows when that will effectively end. (Coivd will be considered, just less weight.)

Their chances are better if they return sooner.

That said, many are let in without being reportd for non-compliance.

Personally I think a factor here is that current govt is pro-immigration. This doesn't mean there's a direct correlation or link (no minister saying "be extra lenient", or at least not likely) but the tenor of govt approach to immigration passes down, one way or another, to the front lines. Political mood can change though even without a government changing.

Government is pro immigration but this is not a case of young immigrant who will be working so considerations may be different.

 

[canuck78]

Hello Everyone,

My parents got their PR in Oct 2018 and they came right away for about 2 months ( left in Jan 2019), they had to look after my grandparents.
My grandfather passed away in COVID mid of 2021 and my grandmother passed away Nov 2022

Their PR card is expiring in Dec 2023 and they are planning to come back to Canada next year around June/July 2023

I have a few questions:

1. Will there be any trouble in entering Canada, Border officers are going to ask any questions regarding their RO or they are free to enter our goal is once they land we can apply for the renewal of their PR card by stating our reasons mentioned above.

2. Once we apply for Renewal, it is clear that they didn't meet the RO but they have plans of staying here going forward, so usually if the officer accepts their requests of renewing their PR status along with their PR card, usually what is that outcome:
a. They can't leave Canada before they fulfill their 730 days period.
b. Or they will be granted another period of 5 years and they have to meet 730 days condition in that period.

They have no plans for staying back home but I'm just asking if they have to go back for a month or two.

3. If we request to renew their PR status, will be an interview, or how it usually works, if anyone can share their experience?

4. What do you all think the chances are or it all depends on the officer

Thank you all for reading and really appreciate you all taking the time and helping each other.

Best Regard,
Rav

They need to meet RO in 5 years from their landing date. Waiting until the summer to return to Canada is not a good idea. They should be returning as soon as possible if their priority is retaining their PR status. They can show that your grandmother passed in 2022. If they were the only family in India they can justify why they needed to be in India but justifying why they need to remain in India until the summer while knowing they don’t meet their RO is not a good idea. To have the best chances of retaining their PR status they need to show that they returned to Canada as soon as possible and that your grandparents were seriously ill since 2019 and there are no other family members living in India (is your mother or father an only child?). When sponsoring parents it is expected that they are ready to relocate to Canada. Canada does provide a generous 3 years to wrap up your life abroad but if you know that you will be responsible for caring for parents in your home country and likely won’t be able to relocate or meet RO then people shouldn’t apply for PGP. They will have only been in Canada for a maximum of 6 months out of the first 5 years if they move in June/July 2023 which is not even close to meeting RO and they have never established themselves in Canada. Returning during the winter would add an extra 6 months which would double their amount of time in Canada. They will need to plan on remaining in Canada until they can meet the 730 days out of the past 5 years. They should not apply for PR card renewal until they are compliant with they RO.

 

[iengineer86]

YOu will see that there are many threads here on similar topic, you can read to get some idea or more detial where needed, I was a bit brief in keeping it short.

yes sure I'm going to explore all the threads but you know how everyone's case is a little different, most of them I'm seeing here are expired PR cards and parents are out of Canada but I really like your point that if they enter Canada before expiry and then stay here for 2 years at least and then we can apply for PR card renewal without any hiccups.

 

[iengineer86]

They need to meet RO in 5 years from their landing date. Waiting until the summer to return to Canada is not a good idea. They should be returning as soon as possible if their priority is retaining their PR status. They can show that your grandmother passed in 2022. If they were the only family in India they can justify why they needed to be in India but justifying why they need to remain in India until the summer while knowing they don’t meet their RO is not a good idea. To have the best chances of retaining their PR status they need to show that they returned to Canada as soon as possible and that your grandparents were seriously ill since 2019 and there are no other family members living in India (is your mother or father an only child?). When sponsoring parents it is expected that they are ready to relocate to Canada. Canada does provide a generous 3 years to wrap up your life abroad but if you know that you will be responsible for caring for parents in your home country and likely won’t be able to relocate or meet RO then people shouldn’t apply for PGP. They will have only been in Canada for a maximum of 6 months out of the first 5 years if they move in June/July 2023 which is not even close to meeting RO and they have never established themselves in Canada. Returning during the winter would add an extra 6 months which would double their amount of time in Canada. They will need to plan on remaining in Canada until they can meet the 730 days out of the past 5 years. They should not apply for PR card renewal until they are compliant with they RO.

Thank you so much for your input, our intentions are to be here ASAP but just have to wrap up some rituals, and selling of the properties, land, etc.
and yes my father was the only son and he was looking after them, my grandparents were 90+, and once they are here we will not apply for PR card renewal as they have no intentions of going back for a permanent or longer stay but yes they may want to travel to meet relatives, etc. but once they are here we will wait for 2 years before applying for Renewal and hopefully that will satisfy the RO obligation needs.

 

[canuck78]

Thank you so much for your input, our intentions are to be here ASAP but just have to wrap up some rituals, and selling of the properties, land, etc.
and yes my father was the only son and he was looking after them, my grandparents were 90+, and once they are here we will not apply for PR card renewal as they have no intentions of going back for a permanent or longer stay but yes they may want to travel to meet relatives, etc. but once they are here we will wait for 2 years before applying for Renewal and hopefully that will satisfy the RO obligation needs.

They have had numerous years to wrap things up. If they want the best chances of maintaining their PR status they should return to Canada asap. The longer they wait they higher potential of being reported.