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Residency Obligations

Aussie100

Newbie
Oct 19, 2020
4
0
Hi,
Aussies have been banned from leaving Australia for the last 6 months (since March 2020) due to Covid and there’s no sign on when that will change (maybe by end 2021?). Has anyone heard if there will be any leniency for Canadian PRs in Australia in this situation in terms of meeting residency obligations in Canada?
Thanks
 

IndianBos

Hero Member
Oct 8, 2014
306
137
Toronto, Canada
Category........
FSW
Visa Office......
CPC-O
NOC Code......
2174
App. Filed.......
19-Jun-2014
Nomination.....
16-Oct-2014
File Transfer...
11-Dec-2014
Med's Request
24-Apr-2015 (Delayed for adding a child)
Med's Done....
9-May-2015 (Updated 29-May-2015)
Interview........
N/A
Passport Req..
17-Jun-2015 (mailed 29-June-2015)
VISA ISSUED...
11-Jul-2015
LANDED..........
7-Sep-2015
There is no blanket leniency from what I know, the border agents usually look at case to case basis. How much out of compliance you are from the residency obligation? If you became PR 5 years ago but never moved, they might not look at it favourably. However, if you are 6 months short (became PR 3.5 years ago), they might be more considerate.
Again, there isn't a blanket policy, but from observations on this forum, covid travel restrictions are now being considered by border agents when evaluating residency obligation.
 

jddd

Champion Member
Oct 1, 2017
1,517
565
Hi,
Aussies have been banned from leaving Australia for the last 6 months (since March 2020) due to Covid and there’s no sign on when that will change (maybe by end 2021?). Has anyone heard if there will be any leniency for Canadian PRs in Australia in this situation in terms of meeting residency obligations in Canada?
Thanks
I did not hear anything though I highly doubt it. As a PR, I assume you have been establishing yourself in Canada and have a job here? In which case you can apply for an exemption since I also assume your presence in Canada is essential to your Canadian employer? Or that you will be staying here for over 3 months? You are also automatically exempted from not travelling if you are ordinarily resident in Canada, again which I assume you are because you want to fulfill your RO. If you are a new PR, then you have 3 years from your landing date to be able to stay outside Canada.

Per the official website of Australia:

Australians and permanent residents
If you are an Australian citizen or a permanent resident you cannot leave Australia due to COVID-19 restrictions unless you have an exemption. You can apply online but you must meet at least one of the following:

  • your travel is as part of the response to the COVID-19 outbreak, including the provision of aid
  • your travel is essential for your business/employer
  • you are travelling to receive urgent medical treatment that is not available in Australia
  • you are travelling outside Australia for three months or longer
  • you are travelling on compassionate or humanitarian grounds
  • your travel is in the national interest.
You must provide evidence to support your claims. Requests may be finalised without further consideration if insufficient evidence is provided. Evidence may include:

  • passport/s
  • marriage certificate/s
  • birth certificate/s
  • death certificate/s
  • proof of relationship (for example, shared tenancy agreement, joint bank account etc.)*
  • proof that you are moving to another country on a long term basis such as leases, job offers and evidence your goods are being transported
  • proof of your current valid visa, including in Australia and/or overseas
  • letter from a doctor or hospital about any medical treatment/condition with statements on why travel is necessary
  • letter from your employer, or other evidence that you are travelling for an essential business reason
  • statement or evidence to show when you wish to return to Australia
  • any other proof you may have to support your claims.
*For information about providing proof of your relationship refer to Evidence of relationship.

All evidence supporting a travel exemption claim needs to be officially translated into English.

Australians who want to travel overseas should see Smartraveller to get advice on the risks before deciding to travel.

You should only travel if it is essential due to the risks to public health, regular disruptions to travel plans (including flight cancellations and quarantine requirements in other countries and on return to Australia) and limits to consular assistance.

If you apply for a travel exemption, you must read and acknowledge advice about travel risks, including delays returning to Australia. You must ensure that you have sufficient resources to support yourself overseas for a significant period of time in the likely event of flight cancellations and other disruptions to your travel plans.

You should apply for an exemption at least two weeks, but not more than three months before your planned travel. Please make only one request per person. Duplicate requests will delay assessment. The majority of travel exemption requests to depart Australia are finalised within 48 hours, but some complex requests may take longer.

If you are not granted an exemption, you should not continue with your travel plans. If granted an exemption, you must take evidence of that exemption decision to the airport.


Automatic exemptions
You are exempt from travel restrictions, and can leave Australia without applying for an exemption if you are:

  • ordinarily resident in a country other than Australia
  • an airline, maritime crew or associated safety worker
  • a New Zealand citizen holding a Special Category (subclass 444) visa
  • engaged in the day-to-day conduct of outbound freight
  • associated with essential work at Australian offshore facilities
  • travelling on official government business, including members of the Australian Defence Force.
 
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Bs65

VIP Member
Mar 22, 2016
13,190
2,419
So as above you could apply for an exemption given the rules are suspect aimed at curtailing Australian residents from travelling on short trips out and back , not one way to Canada for example.

So given above cannot see any leniency to the residency obligation but this is just a forum view not IRCC or CBSA.
 
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dpenabill

VIP Member
Apr 2, 2010
6,268
3,028
Hi,
Aussies have been banned from leaving Australia for the last 6 months (since March 2020) due to Covid and there’s no sign on when that will change (maybe by end 2021?). Has anyone heard if there will be any leniency for Canadian PRs in Australia in this situation in terms of meeting residency obligations in Canada?
Thanks
@IndianBos bascially covered it.

For clarification in consideration of the observation by @Bs65 ("given above cannot see any leniency to the residency obligation"):

It should be fair to anticipate there will be some leniency in enforcement of the residency obligation due to conditions and travel restrictions related to covid-19 and pandemic response measures. But the nature and scope of leeway allowed will most likely be individual case specific, with considerations such as those referenced by @IndianBos and alluded to by @jddd.

At best, however, the most leeway a PR probably can reasonably hope for, would be a one-for-one neutralizing offset based on how many more days the PR remained abroad due to such conditions and travel restrictions. No leeway is guaranteed.

Remember, the biggest factor in the vast majority of requests for H&C relief for a RO-breach is the extent to which the PR falls short of meeting the RO. The bigger that number (the more days in breach), the lower the odds the PR will be allowed to keep status based on H&C reasons (subject to consideration of all H&C related factors).

So, to the extent leeway is allowed based on covid-19 related matters, the best the PR can reasonably anticipate is that the number of days abroad that covid-19, in effect, is blamed for the PR's continuing to be abroad, MIGHT be subtracted from the total number of days in breach.

Thus, the PR whose breach of the RO is bigger than the total number of days covid-19 can be said to have restricted the PR's travel back to Canada, is likely to be at far greater risk than a PR whose breach of the RO is a number of days less than the PR can reasonably blame on covid-19 related factors.

Example: for a PR now in breach of the RO arriving at a PoE tomorrow, or applying for a PR Travel Document tomorrow, if the extent of the breach is LESS than 8 months, the odds of leeway probably range from good to very good . . . BUT nonetheless subject to other considerations (someone who has been a PR for many years and who still does not have well established residential ties in Canada may not enjoy such leniency).


Travel restrictions imposed by government versus reasonably delaying travel due to covid-19 conditions:

Obviously, formal or official travel restrictions make a stronger case for an offset, for the days abroad caused by those restrictions to be considered a neutral factor. But that evokes consideration for who is actually subject to the restrictions, as the post by @jddd details.

It is impossible to forecast how CBSA officials (conducting PoE examinations) or IRCC Visa Office officials (deciding PR TD applications) will weigh the impact of covid-19 conditions relative to decisions to further delay returning to Canada in the specific case. Individual circumstances will undoubtedly vary widely, with much variability in how they impact an individual's personal travel and how they relate to the overall circumstances of the PR's failure to comply with the RO. Blanket relief seems very unlikely. Substantial relief in many if not most cases, in contrast, seems likely SO LONG AS the extent of the breach is not a lot longer than what can be reasonably attributed to covid-19 related factors. But that leaves a huge range in-between.

Overall the same admonition generally applicable still applies now: the sooner the PR makes the effort to return to Canada, the better the PR's odds of keeping status despite a breach of the RO. No guarantees. Remember, once the PR has failed to meet the RO, AS a MATTER of LAW the PR is inadmissible. And given how lenient the RO is overall, obtaining relief for failing to comply does NOT come easily or readily.
 
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Besram

Hero Member
Jun 13, 2019
200
110
As for leaving Australia:
  • You need to apply for an exemption via the Department of Home Affairs website. Leaving Australia to relocate elsewhere is an acceptable reason to be granted an exemption, however it is not granted easily. Be prepared to supply proof such as your Canadian status, evidence of a job offer, proof that you are quitting your lease / selling your house / renting it out, etc.
  • Your bigger challenge will probably be flight availability. Flights in and out of Australia are presently severely restricted, could be cancelled at short notice and are generally subject to opportunistic behaviour by airlines, such as bumping everyone who didn't pay for a business class ticket. Basically the only airlines that are still flying are the Gulf carriers - Qantas has ceased international ops entirely. My friend's mum (who isn't even a resident in Oz, meaning she did not have to apply for an exemption) had her flight cancelled half a dozen times. She was supposed to leave the country in March, but finally managed to leave in August.
As for implications on RO in Canada, there is no blanket leniency on this, but I am sure CBSA and IRCC are aware of the situation in Australia and will take it into consideration. However, I would strongly recommend you make an attempt to relocate and keep proof of all obstacles you are facing (e.g. denied to leave Australia by the Border Force, cancelled flight, prohibitively expensive flights, etc.
 

scylla

VIP Member
Jun 8, 2010
92,831
20,490
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hi,
Aussies have been banned from leaving Australia for the last 6 months (since March 2020) due to Covid and there’s no sign on when that will change (maybe by end 2021?). Has anyone heard if there will be any leniency for Canadian PRs in Australia in this situation in terms of meeting residency obligations in Canada?
Thanks
It's not a full out ban. You can get permission to travel if you are moving back to Canada. I have friends who did that.
 
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Aussie100

Newbie
Oct 19, 2020
4
0
@IndianBos bascially covered it.

For clarification in consideration of the observation by @Bs65 ("given above cannot see any leniency to the residency obligation"):

It should be fair to anticipate there will be some leniency in enforcement of the residency obligation due to conditions and travel restrictions related to covid-19 and pandemic response measures. But the nature and scope of leeway allowed will most likely be individual case specific, with considerations such as those referenced by @IndianBos and alluded to by @jddd.

At best, however, the most leeway a PR probably can reasonably hope for, would be a one-for-one neutralizing offset based on how many more days the PR remained abroad due to such conditions and travel restrictions. No leeway is guaranteed.

Remember, the biggest factor in the vast majority of requests for H&C relief for a RO-breach is the extent to which the PR falls short of meeting the RO. The bigger that number (the more days in breach), the lower the odds the PR will be allowed to keep status based on H&C reasons (subject to consideration of all H&C related factors).

So, to the extent leeway is allowed based on covid-19 related matters, the best the PR can reasonably anticipate is that the number of days abroad that covid-19, in effect, is blamed for the PR's continuing to be abroad, MIGHT be subtracted from the total number of days in breach.

Thus, the PR whose breach of the RO is bigger than the total number of days covid-19 can be said to have restricted the PR's travel back to Canada, is likely to be at far greater risk than a PR whose breach of the RO is a number of days less than the PR can reasonably blame on covid-19 related factors.

Example: for a PR now in breach of the RO arriving at a PoE tomorrow, or applying for a PR Travel Document tomorrow, if the extent of the breach is LESS than 8 months, the odds of leeway probably range from good to very good . . . BUT nonetheless subject to other considerations (someone who has been a PR for many years and who still does not have well established residential ties in Canada may not enjoy such leniency).


Travel restrictions imposed by government versus reasonably delaying travel due to covid-19 conditions:

Obviously, formal or official travel restrictions make a stronger case for an offset, for the days abroad caused by those restrictions to be considered a neutral factor. But that evokes consideration for who is actually subject to the restrictions, as the post by @jddd details.

It is impossible to forecast how CBSA officials (conducting PoE examinations) or IRCC Visa Office officials (deciding PR TD applications) will weigh the impact of covid-19 conditions relative to decisions to further delay returning to Canada in the specific case. Individual circumstances will undoubtedly vary widely, with much variability in how they impact an individual's personal travel and how they relate to the overall circumstances of the PR's failure to comply with the RO. Blanket relief seems very unlikely. Substantial relief in many if not most cases, in contrast, seems likely SO LONG AS the extent of the breach is not a lot longer than what can be reasonably attributed to covid-19 related factors. But that leaves a huge range in-between.

Overall the same admonition generally applicable still applies now: the sooner the PR makes the effort to return to Canada, the better the PR's odds of keeping status despite a breach of the RO. No guarantees. Remember, once the PR has failed to meet the RO, AS a MATTER of LAW the PR is inadmissible. And given how lenient the RO is overall, obtaining relief for failing to comply does NOT come easily or readily.
Thank you for taking the time to write your reply and that info, I appreciate it.
 

Aussie100

Newbie
Oct 19, 2020
4
0
As for leaving Australia:
  • You need to apply for an exemption via the Department of Home Affairs website. Leaving Australia to relocate elsewhere is an acceptable reason to be granted an exemption, however it is not granted easily. Be prepared to supply proof such as your Canadian status, evidence of a job offer, proof that you are quitting your lease / selling your house / renting it out, etc.
  • Your bigger challenge will probably be flight availability. Flights in and out of Australia are presently severely restricted, could be cancelled at short notice and are generally subject to opportunistic behaviour by airlines, such as bumping everyone who didn't pay for a business class ticket. Basically the only airlines that are still flying are the Gulf carriers - Qantas has ceased international ops entirely. My friend's mum (who isn't even a resident in Oz, meaning she did not have to apply for an exemption) had her flight cancelled half a dozen times. She was supposed to leave the country in March, but finally managed to leave in August.
As for implications on RO in Canada, there is no blanket leniency on this, but I am sure CBSA and IRCC are aware of the situation in Australia and will take it into consideration. However, I would strongly recommend you make an attempt to relocate and keep proof of all obstacles you are facing (e.g. denied to leave Australia by the Border Force, cancelled flight, prohibitively expensive flights, etc.
Thank you for your ideas and comments. And I think you are right on that point; flights would likely be the bigger challenge right now.
 

Aussie100

Newbie
Oct 19, 2020
4
0
Th
@IndianBos bascially covered it.

For clarification in consideration of the observation by @Bs65 ("given above cannot see any leniency to the residency obligation"):

It should be fair to anticipate there will be some leniency in enforcement of the residency obligation due to conditions and travel restrictions related to covid-19 and pandemic response measures. But the nature and scope of leeway allowed will most likely be individual case specific, with considerations such as those referenced by @IndianBos and alluded to by @jddd.

At best, however, the most leeway a PR probably can reasonably hope for, would be a one-for-one neutralizing offset based on how many more days the PR remained abroad due to such conditions and travel restrictions. No leeway is guaranteed.

Remember, the biggest factor in the vast majority of requests for H&C relief for a RO-breach is the extent to which the PR falls short of meeting the RO. The bigger that number (the more days in breach), the lower the odds the PR will be allowed to keep status based on H&C reasons (subject to consideration of all H&C related factors).

So, to the extent leeway is allowed based on covid-19 related matters, the best the PR can reasonably anticipate is that the number of days abroad that covid-19, in effect, is blamed for the PR's continuing to be abroad, MIGHT be subtracted from the total number of days in breach.

Thus, the PR whose breach of the RO is bigger than the total number of days covid-19 can be said to have restricted the PR's travel back to Canada, is likely to be at far greater risk than a PR whose breach of the RO is a number of days less than the PR can reasonably blame on covid-19 related factors.

Example: for a PR now in breach of the RO arriving at a PoE tomorrow, or applying for a PR Travel Document tomorrow, if the extent of the breach is LESS than 8 months, the odds of leeway probably range from good to very good . . . BUT nonetheless subject to other considerations (someone who has been a PR for many years and who still does not have well established residential ties in Canada may not enjoy such leniency).


Travel restrictions imposed by government versus reasonably delaying travel due to covid-19 conditions:

Obviously, formal or official travel restrictions make a stronger case for an offset, for the days abroad caused by those restrictions to be considered a neutral factor. But that evokes consideration for who is actually subject to the restrictions, as the post by @jddd details.

It is impossible to forecast how CBSA officials (conducting PoE examinations) or IRCC Visa Office officials (deciding PR TD applications) will weigh the impact of covid-19 conditions relative to decisions to further delay returning to Canada in the specific case. Individual circumstances will undoubtedly vary widely, with much variability in how they impact an individual's personal travel and how they relate to the overall circumstances of the PR's failure to comply with the RO. Blanket relief seems very unlikely. Substantial relief in many if not most cases, in contrast, seems likely SO LONG AS the extent of the breach is not a lot longer than what can be reasonably attributed to covid-19 related factors. But that leaves a huge range in-between.

Overall the same admonition generally applicable still applies now: the sooner the PR makes the effort to return to Canada, the better the PR's odds of keeping status despite a breach of the RO. No guarantees. Remember, once the PR has failed to meet the RO, AS a MATTER of LAW the PR is inadmissible. And given how lenient the RO is overall, obtaining relief for failing to comply does NOT come easily or readily.
Thank you, that is much appreciated.