residency obligation not met do i need a lawyer?

[Lar]

I would advice you to stay low without renewing your PR until you have more than 730 days in the last 5 years preceeding the date of your application. You will be good to go. Dont waste time on any H&V as this is subjective, can't predict how if will go. Hope it helps

 

[aprlapr]

I would advice you to stay low without renewing your PR until you have more than 730 days in the last 5 years preceeding the date of your application. You will be good to go. Dont waste time on any H&V as this is subjective, can't predict how if will go. Hope it helps

thank you so much for the reply!

 

[armoured]

March of 2021 he finally came for good.his working now.and his pr will expire this may 2022.

Because this didn't come up before: on the administrative side, he should make sure to have all necessary documentation (esp provincial) such as SIN, health card, driver's license (if needed), etc., in advance of the PR card epxiring. He may have some room to do these things after expiry - but it depends on province, so check.

And eg bank accounts opened.

Very few places or institutions will require PR card while he remains in Canada, at least once those basics are taken care of.

 

[Eusufzai]

Hi my husband didn't meet the residency obligation. He came here in 2017 for weeks and in 2018.he got an accident twice, one in 2016 and one in 2018 that's why we decided he just go home to get better and have his therapy. He suppose to come in 2020 but because of covid he wasn't able to come again.
March of 2021 he finally came for good.his working now.and his pr will expire this may 2022.

for those who renew their pr card using the H&C did u hire a lawyer to help you with paper works?
and if I apply through H&C when his pr card will expire what will happen to his job?Can he still continues to work?since they said he will be ran out of status.please advice.

For those who is on the same situation can you able to guide how to do the H&C please.Really appreciate it.and thank you so much!

Hi Aprlapr,

I just want to ask you, how many days your husband was in short of required residency obligations? When he finally returned to Canada in March 2021,what was the question from Immigration officer as he was short of residency obligations. If you never mind, which airport in Canada he landed in March, 2021?
I am in a similar situation. May I request you share your husband experience at the port of entry?

Thanks and regards,

Eusufzai

 

[aprlapr]

Because this didn't come up before: on the administrative side, he should make sure to have all necessary documentation (esp provincial) such as SIN, health card, driver's license (if needed), etc., in advance of the PR card epxiring. He may have some room to do these things after expiry - but it depends on province, so check.

And eg bank accounts opened.

Very few places or institutions will require PR card while he remains in Canada, at least once those basics are taken care of.

yes everything is updated already.

Hi Aprlapr,

I just want to ask you, how many days your husband was in short of required residency obligations? When he finally returned to Canada in March 2021,what was the question from Immigration officer as he was short of residency obligations. If you never mind, which airport in Canada he landed in March, 2021?
I am in a similar situation. May I request you share your husband experience at the port of entry?

Thanks and regards,

Eusufzai

hi Euzufzai,
They never ask him anything at Pearson Airport. At that time you need to quarantine in a hotel but I applied for an exception. He showed the letter from the public health and they put an orange ticker on his passport and they just let him go out.

 

[Eusufzai]

Thank you Aprlapr for your reply. Sorry I forgot to ask you, how many days later did your husband landed in Toronto from his deadline? I want to mean, you must enter in Canada on or before expiring your residency obligation, that is 730 days requirement must be fulfilled. Did you husband landed in March, 2021 with PR card? In total how many days did your husband live in Canada before finally came back in March, 2021? Sorry for asking too many things.

Appreciate your kind response.

Best regards,

Eusuzai

 

[aprlapr]

Thank you Aprlapr for your reply. Sorry I forgot to ask you, how many days later did your husband landed in Toronto from his deadline? I want to mean, you must enter in Canada on or before expiring your residency obligation, that is 730 days requirement must be fulfilled. Did you husband landed in March, 2021 with PR card? In total how many days did your husband live in Canada before finally came back in March, 2021? Sorry for asking too many things.

Appreciate your kind response.

Best regards,

Eusuzai

hi eusuzai,
From his deadline 1 year and 2 months. He only live here for 80days and thats not continues. half of it is in 2017 and 2018.and then march of 2021 he finally came for good which is more than 1 year from the expiry of his pr.
You can post your situation here so you can gather some options on what to do in your situation. They are very helpful here. I was very thankful for them. They saved us from getting more in trouble.

 

[jakklondon]

Thank you Aprlapr for your reply. Sorry I forgot to ask you, how many days later did your husband landed in Toronto from his deadline? I want to mean, you must enter in Canada on or before expiring your residency obligation, that is 730 days requirement must be fulfilled. Did you husband landed in March, 2021 with PR card? In total how many days did your husband live in Canada before finally came back in March, 2021? Sorry for asking too many things.

Appreciate your kind response.

Best regards,

Eusuzai

Caveat: I am getting $90K, just got my clearance and am currently working for a security/intel agency, collecting some data for research and personal investigations (super-duper-puper secret). therefore I pretend to be an immigrant and type to mimic a thick foreign accent (albeit it comes out as fake), to not arouse any suspicions that I am one of the Orwellian Triple Hermetic Secret Worshippers. Ok, I am just kidding (but someone will respond to above, taking it very seriously).

As to question you asked.... I created a separate thread where I asked people to share their experiences returning to Canada after lengthy absences. However, very few (if any) PRs that I addressed responded to queries about the length of absence and their experiences at the border.
Instead, some regular members (Orwell would call them the thought police) jumped on my thread using it as an opportunity to personally attack and judge me (not having faintest idea who I am) for things I haven't even done or intended to do.
I have a feeling (though I might be wrong) that genuine PRs in predicament or anxious about their cases are apprehensive to post or share their experiences, for fear of being personally attacked and judged (some may even be fearful of possible long arm reach of CIC, however founded or baseless such fears might be). See my original thread here:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/have-canadian-pr-never-lived-in-canada.747259/

In general, if you are in breach of RO and apply for travel document or PR card with CIC, they will strip you of your status and if you are in Canada they will initiate your deportation (you will have short window to appeal that and have IAD decide your case).

If you are in breach of RO and have PR card, you can buy an airline ticket, fly to Canada and hope that border officer waves you in. If he decides to examine your residence in and out of Canada, he may (upon individual discretion) let you in without filing a report, or report you (which will trigger the deportation proceedings, and you will have a chance to appeal that).

If you are in breach of RO and don't have a valid PR card, everything from POE and onward will be the same, but you will now have to figure how you can get to Canada. If you have no PR card (but are holding PR status) you can't board a plane to Canada (unless you are a US Citizen). So, you will have to get to Canada via land border, which means you will have to first get into the US if you are coming from overseas.

As to length of absence, anecdotal evidence suggests that during pandemic the shortage of several months in RO (while countries were locked down and travel was restricted) are somewhat overlooked by border agents, but this may have changed or will change shortly. Again, there is very scant evidence from actual PRs who went through the process (but a lot of pontification from notorious thought polices of the forum).

Good luck to you and your husband.

 

[canuck78]

Caveat: I am getting $90K, just got my clearance and am currently working for a security/intel agency, collecting some data for research and personal investigations (super-duper-puper secret). therefore I pretend to be an immigrant and type to mimic a thick foreign accent (albeit it comes out as fake), to not arouse any suspicions that I am one of the Orwellian Triple Hermetic Secret Worshippers. Ok, I am just kidding (but someone will respond to above, taking it very seriously).

As to question you asked.... I created a separate thread where I asked people to share their experiences returning to Canada after lengthy absences. However, very few (if any) PRs that I addressed responded to queries about the length of absence and their experiences at the border.
Instead, some regular members (Orwell would call them the thought police) jumped on my thread using it as an opportunity to personally attack and judge me (not having faintest idea who I am) for things I haven't even done or intended to do.
I have a feeling (though I might be wrong) that genuine PRs in predicament or anxious about their cases are apprehensive to post or share their experiences, for fear of being personally attacked and judged (some may even be fearful of possible long arm reach of CIC, however founded or baseless such fears might be). See my original thread here:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/have-canadian-pr-never-lived-in-canada.747259/

In general, if you are in breach of RO and apply for travel document or PR card with CIC, they will strip you of your status and if you are in Canada they will initiate your deportation (you will have short window to appeal that and have IAD decide your case).

If you are in breach of RO and have PR card, you can buy an airline ticket, fly to Canada and hope that border officer waves you in. If he decides to examine your residence in and out of Canada, he may (upon individual discretion) let you in without filing a report, or report you (which will trigger the deportation proceedings, and you will have a chance to appeal that).

If you are in breach of RO and don't have a valid PR card, everything from POE and onward will be the same, but you will now have to figure how you can get to Canada. If you have no PR card (but are holding PR status) you can't board a plane to Canada (unless you are a US Citizen). So, you will have to get to Canada via land border, which means you will have to first get into the US if you are coming from overseas.

As to length of absence, anecdotal evidence suggests that during pandemic the shortage of several months in RO (while countries were locked down and travel was restricted) are somewhat overlooked by border agents, but this may have changed or will change shortly. Again, there is very scant evidence from actual PRs who went through the process (but a lot of pontification from notorious thought polices of the forum).

Good luck to you and your husband.

Lots of examples of PRs entering Canada when not meeting their ROs with a variety of different results.

 

[jakklondon]

Lots of examples of PRs entering Canada when not meeting their ROs with a variety of different results.

I agree. But still, I am sure there is a pattern to it (which CIC wouldn't want to publicize and allow general public to know). For instance, following my brief and negative encounters with the border agents I can say that someone who looks/appears/talks like me (regardless of who they are in their personal lives and what they have done or haven't dome in past) would have a hard time getting in at the land POE without report being filed, even if they were one day in breach of RO (and they would fare the same prior or during the pandemic).
They sent me to secondary inspection twice, scrutinizing my RO, even though I was a brand new PR and couldn't be in breach of RO even if I wanted to.
Scores of others went out of Canada for years and were in serious breach of RO (I even recall reading a post from PR who was 20 years out of Canada), yet were admitted without any issues and all they had to do was to stay in Canada for 2 years, and they would be fully in compliance with RO.
If there are going to be any rules then they should be more specific (not allowing border officers too much discretion), and those rues should be applied and enforced uniformly, with transparency as to what triggers one or another outcome.

 

[Wedding Crasher]

I agree. But still, I am sure there is a pattern to it (which CIC wouldn't want to publicize and allow general public to know). For instance, following my brief and negative encounters with the border agents I can say that someone who looks/appears/talks like me (regardless of who they are in their personal lives and what they have done or haven't dome in past) would have a hard time getting in at the land POE without report being filed, even if they were one day in breach of RO (and they would fare the same prior or during the pandemic).
They sent me to secondary inspection twice, scrutinizing my RO, even though I was a brand new PR and couldn't be in breach of RO even if I wanted to.
Scores of others went out of Canada for years and were in serious breach of RO (I even recall reading a post from PR who was 20 years out of Canada), yet were admitted without any issues and all they had to do was to stay in Canada for 2 years, and they would be fully in compliance with RO.
If there are going to be any rules then they should be more specific (not allowing border officers too much discretion), and those rues should be applied and enforced uniformly, with transparency as to what triggers one or another outcome.

middle eastern?

 

[canuck78]

I agree. But still, I am sure there is a pattern to it (which CIC wouldn't want to publicize and allow general public to know). For instance, following my brief and negative encounters with the border agents I can say that someone who looks/appears/talks like me (regardless of who they are in their personal lives and what they have done or haven't dome in past) would have a hard time getting in at the land POE without report being filed, even if they were one day in breach of RO (and they would fare the same prior or during the pandemic).
They sent me to secondary inspection twice, scrutinizing my RO, even though I was a brand new PR and couldn't be in breach of RO even if I wanted to.
Scores of others went out of Canada for years and were in serious breach of RO (I even recall reading a post from PR who was 20 years out of Canada), yet were admitted without any issues and all they had to do was to stay in Canada for 2 years, and they would be fully in compliance with RO.
If there are going to be any rules then they should be more specific (not allowing border officers too much discretion), and those rues should be applied and enforced uniformly, with transparency as to what triggers one or another outcome.

There are a variety of reasons why you could have been sent to secondary like at any airport. Went through a very thorough screening as a Caucasian Canadian woman. It was As close as you can get to a strip search in a country very friendly with Canada all because the country didn’t like my travel patterns and the fact I was travelling alone. There are a huge number of various ethnicities that are not stopped for meeting their RO on a daily basis. You weren’t even stopped for not meeting your RO so your experience has nothing to do with ROs just general screening. All border agencies have screening techniques as well as random screening. Being taken to secondary is just normal procedure for a certain number of travellers everyday. Given your retelling of the story I assume you may have been quite argumentative with CBSA which can also provoke more suspicion and further searching.

 

[jakklondon]

There are a variety of reasons why you could have been sent to secondary like at any airport. Went through a very thorough screening as a Caucasian Canadian woman. It was As close as you can get to a strip search in a country very friendly with Canada all because the country didn’t like my travel patterns and the fact I was travelling alone. There are a huge number of various ethnicities that are not stopped for meeting their RO on a daily basis. You weren’t even stopped for not meeting your RO so your experience has nothing to do with ROs just general screening. All border agencies have screening techniques as well as random screening. Being taken to secondary is just normal procedure for a certain number of travellers everyday. Given your retelling of the story I assume you may have been quite argumentative with CBSA which can also provoke more suspicion and further searching.

I will start with commenting your last statement: ALAS, I was younger and a lot more patient back then, not argumentative or provocative. I wish it was me NOW that they sent to secondary and yelled at. I assure you, I would not leave it as I did before. I would raise Hell (within my legal powers), start with calling the supervisor, making formal complaint against individual officers at POE. Then I would follow with paper trail of formal complaint. Then I would take it to social media/Youtube (and I would be filming my interaction with border agents, until they took me to the area where filming is not allowed BY LAW). I would further mock so called "Canadian democracy" , make little clips and show to people around the world, including those whom are being constantly lectured on human rights and democracy. I would say "Look at these hypocrites! This is how they treat ordinary people here and then they lecture you on human rights!" and etc.
So, you are mistaken. I was not as resolute and determined to fight for my rights back then. May be that's part of the reason I was mistreated. You should always stand firm and be willing to fight for your rights and win, or show what a bunch of liars and hypocrites the oppressors are.

As to screening technique, there was none employed. I know enough about law enforcement mentality and tactics (will not tell you how and from where), and besides, I didn't just cross the land border (where they sent me to secondary), I also flew to Canadian airports. And at one of the major airports the border agent didn't even look at me twice, just took an extremely brief look at my passport and called the next person, and at other POE/airport they just asked regular questions, like the name and date of birth. So, this was not some kind of "screening technique" at land POE, it was abuse of power and bullying by a bunch of fully armed, stupid agents who just judged me by my looks and decided to be abusive with me (see Youtube video in my signature line, I am not the only one who had bad encounter with Canadian border agents, some people had it much worse).

Re: RO - I was mostly grilled on my residence, both at landing and at subsequent visits via land POE when I was sent to secondary inspection. As I said, I was brand new PR, I couldn't be in breach of RO. However, the agents seemed to be ANGRY with me while grilling me about my residence, because I didn't move to Canada and weren't living in Canada. I didn't land until couple of months after my COPR was issued, and during my visits I was very transparent and honest with border agents, letting them know that I am still living in the US and visiting Canada to explore life and job opportunities before making a major move.
If they did this to me while I just landed and started to visit Canada, I can imagine what they would try to do if I was truly in breach of RO.

 

[IndianBos]

I will start with commenting your last statement: ALAS, I was younger and a lot more patient back then, not argumentative or provocative. I wish it was me NOW that they sent to secondary and yelled at. I assure you, I would not leave it as I did before. I would raise Hell (within my legal powers), start with calling the supervisor, making formal complaint against individual officers at POE. Then I would follow with paper trail of formal complaint. Then I would take it to social media/Youtube (and I would be filming my interaction with border agents, until they took me to the area where filming is not allowed BY LAW). I would further mock so called "Canadian democracy" , make little clips and show to people around the world, including those whom are being constantly lectured on human rights and democracy. I would say "Look at these hypocrites! This is how they treat ordinary people here and then they lecture you on human rights!" and etc.
So, you are mistaken. I was not as resolute and determined to fight for my rights back then. May be that's part of the reason I was mistreated. You should always stand firm and be willing to fight for your rights and win, or show what a bunch of liars and hypocrites the oppressors are.

As to screening technique, there was none employed. I know enough about law enforcement mentality and tactics (will not tell you how and from where), and besides, I didn't just cross the land border (where they sent me to secondary), I also flew to Canadian airports. And at one of the major airports the border agent didn't even look at me twice, just took an extremely brief look at my passport and called the next person, and at other POE/airport they just asked regular questions, like the name and date of birth. So, this was not some kind of "screening technique" at land POE, it was abuse of power and bullying by a bunch of fully armed, stupid agents who just judged me by my looks and decided to be abusive with me (see Youtube video in my signature line, I am not the only one who had bad encounter with Canadian border agents, some people had it much worse).

Re: RO - I was mostly grilled on my residence, both at landing and at subsequent visits via land POE when I was sent to secondary inspection. As I said, I was brand new PR, I couldn't be in breach of RO. However, the agents seemed to be ANGRY with me while grilling me about my residence, because I didn't move to Canada and weren't living in Canada. I didn't land until couple of months after my COPR was issued, and during my visits I was very transparent and honest with border agents, letting them know that I am still living in the US and visiting Canada to explore life and job opportunities before making a major move.
If they did this to me while I just landed and started to visit Canada, I can imagine what they would try to do if I was truly in breach of RO.

You have been telling the same story across multiple threads, which obviously means you are hurt. There is no taking that back, since that time is already passed and I don't think anything can be changed about it.

However, in my personal opinion, being sent to secondary and asked a few questions isn't really a big deal. These are people doing their jobs, and in a lot of cases, may have stopped criminals and wanted people from entering. I have myself been sent to secondary twice along with my family (south asian), and i understand it is people doing their jobs rather than profiling me.

 

[jakklondon]

You have been telling the same story across multiple threads, which obviously means you are hurt. There is no taking that back, since that time is already passed and I don't think anything can be changed about it.

However, in my personal opinion, being sent to secondary and asked a few questions isn't really a big deal. These are people doing their jobs, and in a lot of cases, may have stopped criminals and wanted people from entering. I have myself been sent to secondary twice along with my family (south asian), and i understand it is people doing their jobs rather than profiling me.

Didn't you tell me that you wouldn't respond to my posts and engage in conversations with me again? Can't keep a word you gave? Tsk-tsk-tsk...

As to how you feel about being treated as criminal and yelled at (while knowing you did nothing wrong and didn't break any criminal law), it's your choice if you accept it and take it for granted.

I have a different view. I think those men and women who wear badges are in our service. Their job is to protect us from violent criminals and elements that can ruin our lives, or do great harm to us. Nobody vested them with those powers to go after innocents citizens , yell , abuse and terrorize those of us who make honest living, work 9 to 5, pay our bills/mortgage and struggle every day to raise our children. If they did so, well, then we have a right to express our grievances, speak up and seek redress. Besides, I have every reason to warn other PRs of what they might encounter at the border, so they don't get taken by surprise as I was.

Good luck and best wishes to you.