Residency Obligation due to Travel ban from India.

[dps86]

hello everyone. I have a question regarding RO, if anyone can help. I will really appreciate.
So as a permanent resident of Canada, I was planning to return back to Canada in March 2021 as my PR card will be expiring on 15 August 2021.
But in March 2021, cases of Covid again started rising in India at a very high speed, as I have to travel with my husband who is also PR holder &
4 yr. daughter who is a Canadian citizen, we didn't find it safer to travel that time with a small child.
So we decided to stay for some time as the situation gets little bit better, and then we will travel but in April & May 2021, it got more worse & worse.
Moreover In April 2021, Canada imposed travel ban on India for the direct flights, which got extended thrice till July 2021.
Although I have my reservations with Air Canada from Delhi to Toronto, which also got cancelled & rescheduled twice.

So when this travel ban started in April 2021, I was totally in compliance or meeting residency obligation as I was only 30 days short of total 730 days.
So now my reservations are for August 10, 2021, as rescheduled by Air canada. 5 days before my card expiry date.
So if this ban lifts off & I return to Canada 5 days before my Card expiry date, is CBSA gonna make any issue for me, as I am still entering Canada with a valid PR card.
But as I will not be meeting RO, would they will deny my entry to Canada.
And what are chances of getting my PR card renewed if they let me enter?????????
Sorry for such a long story, but really getting frustrated now due to this travel ban.
Thanks if anyone can answer.

 

[canuck78]

Please don‘t repost the same question under another account

 

[preet9192]

Please don‘t repost the same question under another account

Sorry. When I first posted. It was not showing. Then I try to repost from another account.

 

[armoured]

..as I have to travel with my husband who is also PR holder &
4 yr. daughter who is a Canadian citizen, we didn't find it safer to travel that time with a small child.

Is your spouse in compliance with the RO?

So now my reservations are for August 10, 2021, as rescheduled by Air canada. 5 days before my card expiry date.
So if this ban lifts off & I return to Canada 5 days before my Card expiry date, is CBSA gonna make any issue for me, as I am still entering Canada with a valid PR card.
But as I will not be meeting RO, would they will deny my entry to Canada.

Obviously the biggest concern is whether your flight will depart to Canada as scheduled.

-If you arrive while your PR card is valid, you will not be denied entry.

-At the port of entry, generally one of two things will happen: you will either be examined and 'waved through' with no formal report filed or a formal report filed. At examination you might get simple questions about how long you were away etc - but also to present the reasons you were away longer and/or out of compliance.

-If you're wabved through without a report, you reside in Canada normally. You should wait until you are in compliance with the RO before applying to renew your PR card (you do not need a valid PR card to reside in Canada as far as immigration is concerned) - without travelling if at all possible.

-If a formal report is filed, you will have the opportunity to appeal and can remain in Canada legally while doing so.

No-one can tell you which of these is more likely or how it will go.

BUT: CBSA/IRCC at examination is required to consider circumstances that led to your non-compliance. Obviously the flight ban and covid are significant factual reasons, and backed up by Canadian government actions (travel restrictions) and recommendations.

No-one knows all your circumstances which are also important nor how the examining officer(s) will decide in a specific case. But a travel ban is a rather incontrovertible case that prevented you from travelling and returning earlier and would likely be given considerable weight.

 

[preet9192]

Is your spouse in compliance with the RO?



Obviously the biggest concern is whether your flight will depart to Canada as scheduled.

-If you arrive while your PR card is valid, you will not be denied entry.

-At the port of entry, generally one of two things will happen: you will either be examined and 'waved through' with no formal report filed or a formal report filed. At examination you might get simple questions about how long you were away etc - but also to present the reasons you were away longer and/or out of compliance.

-If you're wabved through without a report, you reside in Canada normally. You should wait until you are in compliance with the RO before applying to renew your PR card (you do not need a valid PR card to reside in Canada as far as immigration is concerned) - without travelling if at all possible.

-If a formal report is filed, you will have the opportunity to appeal and can remain in Canada legally while doing so.

No-one can tell you which of these is more likely or how it will go.

BUT: CBSA/IRCC at examination is required to consider circumstances that led to your non-compliance. Obviously the flight ban and covid are significant factual reasons, and backed up by Canadian government actions (travel restrictions) and recommendations.

No-one knows all your circumstances which are also important nor how the examining officer(s) will decide in a specific case. But a travel ban is a rather incontrovertible case that prevented you from travelling and returning earlier and would likely be given considerable weight.

Thanks.
my husband is in compliance still but his Card is expiring soon next year in June 2022.

 

[scylla]

hello everyone. I have a question regarding RO, if anyone can help. I will really appreciate.
So as a permanent resident of Canada, I was planning to return back to Canada in March 2021 as my PR card will be expiring on 15 August 2021.
But in March 2021, cases of Covid again started rising in India at a very high speed, as I have to travel with my husband who is also PR holder &
4 yr. daughter who is a Canadian citizen, we didn't find it safer to travel that time with a small child.
So we decided to stay for some time as the situation gets little bit better, and then we will travel but in April & May 2021, it got more worse & worse.
Moreover In April 2021, Canada imposed travel ban on India for the direct flights, which got extended thrice till July 2021.
Although I have my reservations with Air Canada from Delhi to Toronto, which also got cancelled & rescheduled twice.

So when this travel ban started in April 2021, I was totally in compliance or meeting residency obligation as I was only 30 days short of total 730 days.
So now my reservations are for August 10, 2021, as rescheduled by Air canada. 5 days before my card expiry date.
So if this ban lifts off & I return to Canada 5 days before my Card expiry date, is CBSA gonna make any issue for me, as I am still entering Canada with a valid PR card.
But as I will not be meeting RO, would they will deny my entry to Canada.
And what are chances of getting my PR card renewed if they let me enter?????????
Sorry for such a long story, but really getting frustrated now due to this travel ban.
Thanks if anyone can answer.

Travel ban has been extended to August 21.

You'll need to fly through a third country if you want to get to Canada before your PR card expires.

Alternatively you'll need to apply for a PRTD.

 

[preet9192]

Travel ban has been extended to August 21.

You'll need to fly through a third country if you want to get to Canada before your PR card expires.

Alternatively you'll need to apply for a PRTD.

Just got the news.
Third country route is very expensive right now to travel with family.
what about prtd process???
How much chances are there to get a approved prtd?

 

[scylla]

Just got the news.
Third country route is very expensive right now to travel with family.
what about prtd process???
How much chances are there to get a approved prtd?

I don't know what the chances are for PRTD approval.

 

[canuck78]

Thanks.
my husband is in compliance still but his Card is expiring soon next year in June 2022.

Compliance isn't depsndent on your PR card expiry date. He needs to have met the 730 days in the 5 years since he landed if it is his first 5 years as a PR.