PRTD and PR status on the edge

[LastMoment]

Dear Experts and members

I ‘m seeking for your valuable advice

I landed in Canada June 2015 then I left after only one month of staying, making the horrible mistake of leaving before obtaining the PR card.I had to go back to my home country to take care of my father who had a serious medical condition (kidney failure) my father passed away in 2017 but still I cannot apply for the PRDT before May 2018 because I ‘m committed to a job contract which ends on this date.

So clearly I’m on the edge of violating my RO considering that next June 2018 I will have completed 3 years out of Canada

Do you think that they will approve my request for the PRTD? (I still can fulfill my Ro if I travel in 6/2018)

I heard that the PRTD processing time can go up to 2 months and this delay will put me on the violation of RO. Will they consider that I applied just before the deadline?

What if I travel with only my CORP and my landing papers?

I will answer the H&C question in the application. Do you think that my reasons are enough? I know that the H&C rarely succeed

I will be very grateful if you address my concerns and Thank you in advance for any advice you can provide.

 

[evdm]

Dear Experts and members

What if I travel with only my CORP and my landing papers?

This might be your easiest option, but it comes with its own challenges too, and depends on other factors.

As a Permanent Resident, you have a right to enter Canada. At the border CBSA officers will be able to verify that you are a PR based on your landing documents and information in their computer systems. However, you will not be able to board a flight/bus/train directly to Canada from anywhere. Airlines (and other commercial transporters) will check whether the passenger is Canadian, has a PR Card, Visa, or eTA. Without your PR Card or PRTD they cannot verify that you will be let in to Canada once you arrive and they will not take the risk of having to take you back nad be fined.

So, whether you would be able to travel with only your landing papers/CoPR depends on whether you can easily enter the US and make your way to the land border. If you have a US visa, or are from a VWP country, this is your easiest option. Depending on where you want to go in Canada you would book a flight to a border city (Buffalo/Bellingham/Seattle/Detroit/etc.), and then you would have to rent a car or have someone pick you up and cross the border in a private vehicle (or get an Uber/Lyft/Taxi to drop you off close to the border and walk, if it's a crossing that accepts pedestrians). Remember, taking a bus, or any other mode of transport for which you buy a passenger ticket will not work.

At the border the guards will most likely send you to secondary while your status is verified, so be prepared for a bit of a wait. Also be prepared that your residency obligation will be looked at. so be sure to have enough time (with a buffer) to show that you will be able to satisfy that you will have been in Canada for 730 days in the first 5 years since landing.

I can't really help with any of the other questions.

 

[LastMoment]

evdm
Thank you so much for your quick response,
unfortunately entering Canada through the US will be very difficult because it's so hard to get the visa, I thought that I could enter Canada directly with my landing papers but I guess that I have to think about my other options.
Thanks again.

 

[dpenabill]

I landed in Canada June 2015 then I left after only one month of staying, making the horrible mistake of leaving before obtaining the PR card.I had to go back to my home country to take care of my father who had a serious medical condition (kidney failure) my father passed away in 2017 but still I cannot apply for the PRDT before May 2018 because I ‘m committed to a job contract which ends on this date.

So clearly I’m on the edge of violating my RO considering that next June 2018 I will have completed 3 years out of Canada

Do you think that they will approve my request for the PRTD? (I still can fulfill my Ro if I travel in 6/2018)

I heard that the PRTD processing time can go up to 2 months and this delay will put me on the violation of RO. Will they consider that I applied just before the deadline?

While you probably want to pose the question specifically, as to how long a PR TD is good for, it is my understanding that when a PR TD is issued it is typically good for SIX months (as long as your passport is also good for that long). You do not have to wait until you are precisely ready to travel to apply for the PR TD. But you do need to give yourself enough leeway to actually travel before the PR TD expires.

Thus you should be able to apply a least a couple months sooner than you were thinking.

It would be prudent to use the PR TD to arrive in Canada BEFORE you have been abroad 1095 days since landing (that is what will constitute being in breach of the PR RO, if and when you are abroad 1095 days since landing). Even with a PR TD you could be examined for PR RO compliance upon arrival in Canada. This is NOT likely but possible. Possibility probably increases the closer it is to the date the PR TD expires.

NOTE: if you make the PR TD application less than 1095 days after the date you landed, you automatically meet the PR RO as of the date of the PR TD application, no need for the visa office to calculate the number of days actually spent so far in Canada. There should be no problem, just be sure to include your CoPR and otherwise be truthful and complete.


Parent illness and H&C considerations:

H&C cases are tricky and can be very tricky. Remember, the PR Residency Obligation is deliberately liberal, allowing a new PR to be absent up to 1095 days during the first five years after landing. This is intended to be sufficient to accommodate special needs, such needing to care for a parent. This is especially true for new PRs, who are expected to have accounted for any potential cause to stay abroad when they planned and prepared to come to Canada to settle permanently.

The less days over 1095 you have been absent, the better the odds a situation like you describe will suffice as H&C reasons for retaining PR status. But, in contrast, apparently you have virtually no history of establishing yourself in Canada, which tends to be a huge negative factor.

Ultimately it is very difficult to forecast how this will play out for a particular individual. Once you are abroad for 1095 days, since landing, you are in breach of the PR RO. Thus at risk for losing PR status.

I am not certain of this, but my impression is that if your home country passport is one for which obtaining a visa to the U.S. can be difficult, and the visa office where you need to apply for a PR TD is for that country, I suspect those visa offices tend to be at least a little more strict or severe in assessing who is issued a PR TD, especially one based on H&C reasons.

That should not affect your PR TD application as long as it is made less than 1095 days since the date of your landing; as already noted, if you make the PR TD application less than 1095 days after landing, you automatically meet the PR RO as of the date of the application.

 

[LastMoment]

Dear dpenabill
I'm very grateful for the precious information, it's extremely helpful.Thank you very much