Juliet C

Hi

We have lived in Canada nearly 6 years now (Vancouver Island, BC) my son (who had residency) moved over with us at one point for just over a year but then decided to go back to the UK, (he was 21) he fell in love over there and hasn't come back for 3 years. Now they have split up, I'm assuming he cant come back unless he applies under his own steam? is it worth him just risking coming back and going back to work? he has a SIN number as he worked when he was here? I'd really like him to come back but think I may be clutching at straws

Juliet C

Looking at other threads it looks like if he is in the country 730 out of 5 years he should be OK. So he may be OK, can anyone confirm this for me?

Former Lancastrian

It would appear that he won't meet the 730 day residency obligation for every rolling 5 years.
If he doesn't have a valid PR card then he won't be able to fly to Canada as he will need one or a PRTD issued by a visa office abroad who might discover that he doesn't meet the 730 day obligation and won't issue one.
He could fly into the USA and then cross by private vehicle into Canada again hoping CBSA don't notice he doesn't meet the residency obligation.

There are 2 things that could happen.
1. He gets back to Canada and doesn't get reported. He would then have to stay in Canada for 2 years solid (not even a day trip to the USA) and then could get a new PR card.

2. He gets to Canada and is reported for failing to meet the residency obligation and issued a removal order. He would then have 30 days to appeal this. A hearing would be held and if the IRB member doesn't find in his favour then the removal order comes into force and he would then have 30 days to leave Canada.

It will be his choice in the end what he chooses to do. At 21 he is not a kid and he made the choice to leave. Now he has to deal with the consequences of that choice.

Former Lancastrian

Yes that is correct but in post 1 you say 3 years. The number of days is critical.
On the day he arrives back in Canada is when they go back 5 years.

So for example if he came back on 1 March 2017 they would go back to 1 March 2012. In that period did he spend over 730 days in Canada?

Yorkiechef

He should fly to the states and cross by land or sea. Catch a ferry from Seattle to Victoria, perhaps they won't ask for his PR card.

Juliet C

Tell me about it, I kept nagging him but you know what kids are like he did stay here for a year before he went back so by my calculation if he came back say March 1st he need stay just over a year to just about meet the criteria?

The problem is he has lost his PR card which I think was out of date now anyway so we would probably do what you all suggest. Come in from Seattle work for a year or so and then apply for his new card and hope for the best.

Edit so to be clear, he spent may/june 2013 to may 2014 here and then has been in the UK

Former Lancastrian

What date did he actually land as a PR as initially you state nearly 6 years but then say he was in Canada from May/June 2013 till May 2014. So he has only spent 1 year in Canada so the date of the actual landing will be critical. You also mention his PR card being out of date. PR cards are valid for 5 years so again when did he formally land?
Without a PR card he cannot fly to Canada

Juliet C

Sorry I wasn't clear but good point, he actually landed 6 years ago for x 2 weeks, then went back to the UK to finish his studies which meant he came back 2013 - 2014 ....so I think he has had it...bugger, silly boy