PR stayed outside Canada for 4.5 years. PR card expiring Nov-24. Can I still comeback?

[anthonyjr]

PR stayed outside Canada for 4.5 years. PR card expiring Nov-24. Can I still comeback?

I got my PR late 2019.
I came back to my country since then and didn't want to comeback at all. But now I have stuff to do in Canada and wanna come back.
My PR card is valid until this November 2024.

I understand the 730 days requirement in 5 years. But IRCC never says PR lose their status when a PR card is still valid.

So, the question is: Is my PR status still valid? Can I come back to Canada using that PR card?

 

[scylla]

PR stayed outside Canada for 4.5 years. PR card expiring Nov-24. Can I still comeback?

I got my PR late 2019.
I came back to my country since then and didn't want to comeback at all. But now I have stuff to do in Canada and wanna come back.
My PR card is valid until this November 2024.

I understand the 730 days requirement in 5 years. But IRCC never says PR lose their status when a PR card is still valid.

So, the question is: Is my PR status still valid? Can I come back to Canada using that PR card?

Yes, you can return. The sooner you return the better. You should then be prepared to remain in Canada for 2 years without leaving. Note that when you return, there is some possibility that you could be reported at the border for failing to meet the residency requirement.

 

[anthonyjr]

Yes, you can return. The sooner you return the better. You should then be prepared to remain in Canada for 2 years without leaving. Note that when you return, there is some possibility that you could be reported at the border for failing to meet the residency requirement.

Thank you for the information. I have just read this quora thread: https://www.quora.com/Im-a-permanent-resident-of-Canada-Im-out-of-Canada-for-more-than-3-years-Will-I-be-able-to-get-my-permanent-residency-if-I-apply-for-renewal. And it shows exactly what you've said.

I have a Canadian citizen daugher (she holds Canadian passport) accompanying with me on the upcoming flight.
I do have reasons not to come back on time (family issues: my first daughter had a taugh time growing up, my wife got pregnant for the second child, and especially the COVID-19)
Now I do have reasons to come back: For my first daughter to come back for school in Canada, I'd like to stay here and take care of her.

Also, my passport changed to the new one, the one I applied for PR expired.

So my questions is, should I report the residency requirement failure to the CBSA at the airport? If I do, will I have an opportunity to explain all this? How likely will they NOT terminate my PR status?

 

[Ponga]

PR stayed outside Canada for 4.5 years. PR card expiring Nov-24. Can I still comeback?

I got my PR late 2019.
I came back to my country since then and didn't want to comeback at all. But now I have stuff to do in Canada and wanna come back.
My PR card is valid until this November 2024.

I understand the 730 days requirement in 5 years. But IRCC never says PR lose their status when a PR card is still valid.

So, the question is: Is my PR status still valid? Can I come back to Canada using that PR card?

But it does happen.

If a CBSA officer determines that you will not meet the Residency Obligation to maintain PR status (nothing to do with having a valid PR Card in your possession), the officer can issue a 44(1) report, which is the first step towards the revocation of PR status. It is NOT automatic and unless it is determined that a PR is otherwise inadmissible to Canada (i.e. criminality) they are allowed to enter Canada to prepare for the hearing (usually 30 days or more).

 

[anthonyjr]

But it does happen.

If a CBSA officer determines that you will not meet the Residency Obligation to maintain PR status (nothing to do with having a valid PR Card in your possession), the officer can issue a 44(1) report, which is the first step towards the revocation of PR status. It is NOT automatic and unless it is determined that a PR is otherwise inadmissible to Canada (i.e. criminality) they are allowed to enter Canada to prepare for the hearing (usually 30 days or more).

Yes, I now know that things are more complicated now.
The only 2 concerns of mine now are: Should I voluntarily and proactively notify the CBSA officer about the residency obligation before they ask? And I'd like to know How likely they will issue the H&C grant on this issue?

Thanks

 

[scylla]

Yes, I now know that things are more complicated now.
The only 2 concerns of mine now are: Should I voluntarily and proactively notify the CBSA officer about the residency obligation before they ask? And I'd like to know How likely they will issue the H&C grant on this issue?

Thanks

1) No, you should not voluntarily tell CBSA
2) No one can tell you that.