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Unable to fulfill , can i travel before expiry

Discussion in 'Permanent Residency Obligations' started by kn2172, Sep 1, 2019.

  1. Hi All,

    Below is my timeline :

    Received PR: OCT 2016
    Soft Landing: OCT 2016
    Received PR Cards
    PR Card valid up to Nov 2021

    My question is :

    If I do not travel to Canada in Nov 2019 I will not be able to qualify for minimum stay of 730 days which is required for PR renewal.

    But if I want to travel to Canada in April 2020, Can I enter Canada?

    Of course, I will not be able to apply for renewal as I did not qualify minimum stay, so I will have to come out of Canada in Nov 2021.

    Is this scenario possible?

    Regards
    KN
     
  2. Sure you can travel given you still have a valid PR and as a PR you are entitled to enter Canada.

    However given by that time you would have failed the residency obligation there is a chance on entering Canada that the process to revoke your PR status may be started subject to appeal.

    If you are not reported you will need to stay put for 2 plus years to reset your residency obligation keeping in mind that after the initial 5 years the 5 years becomes a rolling window where you need to show 2 years residency in the 5 years preceding each new entry.

    You do not need to leave Canada by Nov 2021 given as a PR you can stay indefinitely without a valid PR card assuming your status is not revoked at any time.

    You only need a valid card to enable travel back to Canada via air travel should you leave at any time. PR status never expires and can only be revoked or renounced, only PR cards expire.

    A tip would be when dealing with CBSA at the border only answer questions asked do not volunteer any extra information.
     
  3. Observations posted above by @Bs65 largely answer your questions and I agree with those observations . . . subject to a specific clarification (see below). For additional clarity, let me state that I specifically concur in the following observations:
    -- upon arrival at a PoE, a PR will be allowed to enter Canada even if deemed inadmissible for a breach of the PR Residency Obligation
    -- there is, however, a chance that upon arrival the PR who is in breach of the RO will be issued a 44(1) Report for inadmissibility AND issued a Departure/Removal Order
    -- -- if issued a Departure Order, that is NOT immediately enforceable, so again the PR will nonetheless be allowed to enter Canada (and can appeal the Report and Departure Order)​


    As @Bs65 observed, if you are allowed to enter Canada without being issued an Inadmissibility Report and Departure Order, you can stay in Canada indefinitely. And if you stay two years, the breach of the PR RO will be cured, your PR status secured (for at least another three years).

    However, if upon arrival at the PoE you are issued an Inadmissibility Report and Departure Order, that TERMINATES your PR status in 30 days UNLESS you timely make an appeal. Thus, if issued the Departure Order and you do not appeal, you will be required to depart/leave Canada within 30 days.

    If you appeal, then how long you will be able to stay depends on when the appeal is decided and what the decision is. If you lose the appeal you will have a certain amount of time following that to physically depart Canada. That could happen before or after November 2021, and to be clear the expiration date of the PR card is totally NOT relevant in this regard.

    Bottom-line: The date a PR card expires does NOT determine the validity of a PR's status. PR status continues even though the PR card expires. And, in contrast, if there is a decision made to terminate PR status, that can take effect no matter what the expiration date on the PR card is.
     
  4. You also must meet the 730 before Octoner 2021. It is 5 years from the landing date not the expiry of the pr card.
     
  5. How about land border crossing in this case Via USA.
     
  6. Not sure what your question is but whether arriving at an airport or a land crossing having not met the residency obligation the odds of being reported leading to PR status being revoked are the same.

    If someone has an expired card then without a PRTD they cannot fly back to Canada so the advice is to come back through the land border.
     
  7. I have kind of a same scenario as "KN" mentioned above. only difference is that I moved my family in July 2018 and they are living there for last 13 months. What are my chances of getting in provided that I will not be meeting the RO if I don't permanently move by this year end.
     
  8. Everyone’s RO are individual. Your spouse can sponsor you again if you get reported.
     

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