residency breach

[sanjsmi]

Hi leon

self and family got our pr cards in sept 09 and we have completed 450 days . our pr cards expire in oct 2014. we had to leave for 2 months due to a bereavement in the family which lead to a division of property. Now we are short by 2 months of meeting the 730 day requirement. We were filing tax returns and I had to leave my job to take care of the property matter. If I come by air to Canada , I will be carrying the previous job details, tax filed, death certificate,bank accounts, school records etc to show the genuine reason why we left. We are travelling back as a family. If we are questioned at the entry , do you think this will stand ? What is your advice on this ....thanks for your help in advance.

 

[Msafiri]

Depends if:

1. CBSA decide to ignore your breach

2. Deal with your breach by a warning

3. Deal with your breach by reporting

It used to be that bereavement, illness etc readily/ easily trumped even significant absences. Not any more...increasingly case law from the courts shows absences are viewed in the specific content of x days for the bereavement, y days for being sick etc. If this goes to report expect to detail and explain any absences that are not directly linked to the reason you will raise for your absence. 730 days is a weak 40% (2/5 years) residence obligation.

You don't know which CBSA agent you will find on the day...all in the luck of the draw!