My family and I first landed in Canada in Oct 2018 to confirm my PR status, but had to to return to my home country within 13 days to take care of personal commitments. My return plans then got further disrupted with the onset of the pandemic and related travel restrictions. I now have a job in Canada and plan to arrive there in the first week of May 2022. My family will join me a little later in time for start of the academic year in Canada. Will the fact that I don't meet the 730 days obligation prevent my entry into the country? Also will my son face difficulties in getting admission into a public school?
Residency Obligations Not Fulfilled
- Thread starter vt2018
- Start date
Okay. Then the situation is relatively simple, although lacking certainty.
To boil down the answer to brief version but in reverse order:
-if you all arrive and do not have significant issues at border, you should not have any issues in Canada as long as you remain in country. School etc, health care will involve some registration and administrative work (possibly waiting periods for health insurance to kick in). Main wrinkle is travel abroad raises risk of getting reported each time - so best to remain in Canada, not travel or renew PR card, until back in compliance. (Once well settled as you will be with health care etc, living in Canada without PR card also not an issue - some do so for years and years, PR card is not the status).
-By 'significant issues', the primary risk is getting 'reported' at the border for not complying with the residency obligation. That would start process of revoking PR status, subject to appeal. You'd all still be let in and reside in Canada while that is going on, as above. The main issue is the fear of not keeping the status - but actually residing in Canada still fine - but no way to know in advance how appeals might go.
-Getting reported at border/airport: no-one can tell you the chances. You should prepare answer, ideally with some supporting material, about why you did not return to settle earlier (humanitarian and compassionate - why it was somewhat out of your control). Clear intent to return and reside in Canada (i.e. job) helps. Kids and family complexity probably a bit taken into consideration.
-The positive aspect is that anecdotally, it seems they are somewhat lenient (so far) with covid as a reason out of your control. Perhaps not a free pass, but with some explanation. Govt took a strong stance to discourage travel and emphasize risks, so it's not really deniable. (All these things would be looked at on appeal, too)
Given all that, there's more than a small possibility that you'll be waved through with more or less questioning, and nothing more serious in conseqence than a verbal warning and a note on your file. (That leniency may not apply to future border crossings though).
So no-one can guarantee you anything. Returning sooner is still better than later (including for other family members) - relative leniency will not last forever, significant changes to your plans (delays) might very much change your chances. And no-one will say what 'chances' are, but yours is far from the only case, you're not decades out of compliance, and the time period does coincide with covid travel restrictions if you're returning per your plans above.
There are plenty of other threads covering specifics, and some - a few - cases reported where those returning out of compliance have shared their experiences. (Details of circumstances do matter though and we don't know them all)
Thank you so much for the detailed response. The fact is that my dependent mother was diagnosed with cancer in 2018 and forced me to return. She passed in early 2020 and by then the pandemic kicked in. In effect one event led to the other causing a delay in my plans to move. Hopefully the officers are convinced with my explanation. Thanks once again for your time.
The rest of your family should return with you. You can justify your return due to circumstances but by now travel is possible throughout the world and so arriving earlier gives them a much better chance of not getting reported. Wanting to wait until the next school year is not usually H&C reasons when you haven’t met RO.
Q. Will the fact that I don't meet the 730 days obligation prevent my entry into the country?
A. You have a right to be admitted into Canada as Canadian PR. You can not be denied entry at the border for breach of RO.
Q. Also will my son face difficulties in getting admission into a public school?
A. Your son, as long as he is PR, should not have legal barriers in getting admission into a public school.
What you need to be concerned about is the encounter with the border agent. One of the things they have a right to question about is your residency obligation. If they choose to question your residency and discover that you are in breach of RO, they can do one of the two things: a) Let you in with or without verbal warning; or b) report you at the border for breach of RO. IF reported, you will have an option to appeal and appear before IAD, to explain why you were in breach of RO. You are authorized to stay in Canada and entitled to all benefits of PR as long as your case is pending appeal. At the time of appeal it will be decided whether you can retain your PR status, or must be removed from Canada.
P.S. I personally was profiled, targeted, harassed and sent by CBSA agents to secondary inspection any time I crossed the Canadian border by land. This happened to me while I was a brand new PR and therefore in full compliance with RO. How you will be treated by CBSA is hard to predict. My personal impression is that if you have a dark skin, and/or if you are a female, or if you are a man dressed as woman and etc., in short, if you belong to one of the protected categories of minorities, then chances are that you will not be questioned at all, or, if questioned , you would be let in without anything more than a verbal warning. As a male who doesn't belong to protected categories I was grossly and unfairly targeted and harassed. I hope this will not be your experience.
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Hi
1. It all depends on whether you or your family are reported for not meeting your RO on entery.
If you have your PR Cards valid,, I believe you are not going to have any problem.
Canada needs to many people amid Covid, that's why PR process is undergoing faster,,, also for Quebec.
few years ago,,, I would tell you and your family would be reported,,, now a day,,, no
good luck,,,,
try to be 3 years to get you citizenship,,,
That is a straightforward and understandable set of circumstances. Worth mentioning that returning with employment, as part of returning as soon as feasible but to settle permanently.
I\d note separately that I would hope that children returning a bit later so they can finish school year would be treated with due consideration, but do agree it's better for all to return as soon as feasible.
The rest is up to you and the border officers. You'll see other threads but simple advice is tell the truth, keep your answers concise and simple, and don't ramble on or volunteer a lot of extra information - just answer their questions and don't get defensive.
Good luck. Let others know how it went.
Posted videos should serve as evidence that I am not the only one who was illegally harassed and mistreated by CBSA, which thinks it is above the law and can harass with impunity ordinary citizens and permanent residents traveling to Canada.
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