Danii_i

Hello
Has anyone been in a situation when they failed to comply with the PR requirement to stay 730 days within a 5 year period in Canada?
Have you re-applied for PR?
Is it an option at all? Or are you being marked down for doing so, i.e. your chances of getting a PR are smaller?

We activated our PRs in May 2016 and have approx 10 weeks to make a move. There are personal matters which have kept us out from making the move sooner. I understand that there is no option to extend the 730 days out of 5 years period required to keep the PR, unless working for Canadian company, having Canadian spouse or humanitarian grounds?
Has anyone been able to get the extension of the mentioned period for any other reasons than the ones above?

Would we be admitted to Canada after May 2019, lets say November 2019, when it is obvious that we will not be able to fulfil our PR obligations?

Also, if let's say we decide not to move to Canada, are we stil, technically speaking, PRs up until May 2021 (5 years from May 2016)?
Does it give us any rights? If I find employment in Canada during these 2 years, will I be able to enter Canada and start the job?

Lots of questions, complicated matters but perhaps some of you have had similar circumstances and can share their experience?

thanks

Former Lancastrian

Taken from the actual Immigration Act

Loss of Status

Marginal note:Permanent resident

• 46 (1) A person loses permanent resident status
  • (a) when they become a Canadian citizen;
    
  • (b) on a final determination of a decision made outside of Canada that they have failed to comply with the residency obligation under section 28;
    
  • (c) when a removal order made against them comes into force;
    
  • (c.1) on a final determination under subsection 108(2) that their refugee protection has ceased for any of the reasons described in paragraphs 108(1)(a) to (d);
    
  • (d) on a final determination under section 109 to vacate a decision to allow their claim for refugee protection or a final determination to vacate a decision to allow their application for protection; or
    
  • (e) on approval by an officer of their application to renounce their permanent resident status.

So in your case if you returned to Canada unable to meet the 730 day residency obligation chances are you would be reported for non compliance with the residency obligation and given a conditional Departure Order and you would have 30 days to appeal this removal order. You would be allowed into the country. If no appeal made after the 30 days then you would have 30 days to leave Canada. If you failed to leave after those 30 days then the Departure Order becomes a Deportation Order. If an appeal is made then you are allowed to stay until the appeal is heard.

Right to appeal removal order

(3) A permanent resident or a protected person may appeal to the Immigration Appeal Division against a decision to make a removal order against them made under subsection 44(2) or made at an admissibility hearing.

You would be allowed to work if awaiting an appeal. I strongly suggest if you return, are reported and launch an appeal then you should consider retaining legal counsel as you will really need good grounds to win an appeal.

Your choice in the end.

I suggest you read chapter 7.7 of this link starting at page 26

https://www.canada.ca/content/dam/ir.../enf23-eng.pdf

magnumpi

Former Lancastrian

If this was the US I would be saying " On the advice of my counsel I refuse to answer that question on the grounds that it may incriminate me " commonly known as pleading the 5th amendment.

magnumpi

christmasoompa

They can try - but they must answer the questions honestly and if an immi officer spots that there is no way they can meet their residency obligation, the process outlined above by FL will be started. But worth a go if they don't mind giving it a try and being prepared for it not to work (and of course, being prepared to be effectively 'landlocked' in Canada for the 3 years after entering if it does work).

OP, in response to your questions about reapplying for PR, it would be the same process and you'd be at no advantage or disadvantage compared to any other applicant. But do check you'd actually be eligible to apply for PR now, as I suspect it will have got tougher since you first applied, so you might want to think about trying to hold on to the PR you current have instead and moving asap.

Good luck.

Danii_i

Thank you for your comments, some food for thought...

We will need an eta for the baby who was born after PR granted but that will not have an effect on the route described above?
We will need to do goods to follow too

Why via Quebec?
I also thought it was 2 years that you have to stay (out of 5) so how come 5 is mentioned?

bc2015

It's a rolling 5 year window so every time you present to CBSA or CIC they calculate based on the previous 5 years if you are in compliance. (if you have yet to reach 5 years as PR they calculate forward)

If it was me, I wouldn't attempt to enter in November. Bringing a goods to follow list is almost certainly going to invite extra scrutiny and increase the chances of being reported. Yes you can appeal but you can't really leave Canada while the appeal is in process. And even if you don't get reported, it would be unwise to leave Canada for 2 years. Too many variables with young family in tow.

christmasoompa

+1 to all of this.

I'd personally either get out there asap or not risk it with a young family. OP, you say you couldn't go earlier because of personal circumstances, depending on what those were you may have a case for H&C grounds. If it was something minor where you could have moved (i.e. just needing to sell a house, or having a baby etc), then it won't work, but if it was a real reason for having to stay in the UK (i.e. a pending legal case, or being in hospital long term etc), then a H&C case would be worth a try IMO.

Good luck.

magnumpi

Danii_i

I was meant to type 3 years in my previous post, not 5.
So I thought it's 2 years to keep the PR not 3, as per Christmasoompa post above?

christmasoompa

Sorry, my typo, meant to say 2 years (730 days to be precise!). But again, you'll need to be prepared to be landlocked for that time, meaning you can't leave Canada even for a family emergency in the UK, unless you go asap to give yourself a bit of leeway. Otherwise you wouldn't meet the 730 days when it comes to renew.

tinabootes

AlliF

Siouxie

I knew many people in the UK - including friends of my sons - who had never left the town / City where they were born/lived, let alone the county or country!