Returning to Canada

Old Mar 29th 2016, 1:30 am
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Default Returning to Canada

Hi, I'm BaBriMa, (Male - 1st few Initials of first name, middle name and surname!)

I hope that I am not posting in the wrong forum, only I cannot find a similar post anywhere. We moved to Canada from the UK in Nov 2005, living in BC. We regretfully had to return to the UK in August 2014, after spending a great 9 years in what we consider to be the finest place to live on the globe! We became Permanent Residents in Oct. 2013. (Five-Year Card)

Unfortunately we had to return to the UK because of our son's very serious health problems. We have been in the UK now for 19 months, and our son is now in remission - which wasn't expected.

We now wish to return to Canada, but obviously have to sell our home here before we make the move. We understand that we have to spend at least 750 days
(2 years) out of the PR card's 5 years. (expires Oct. 2018) That means we will have to return to Canada before July 2017 to make up the 2 years in Canada.

Here's the Question:
If we do not sell our house in time, will we be refused entry? Or, will there be any flexibility by CIC, if we put it on record in writing that we wish return as soon as possible?

Can anybody please help?

It's good to be back in the forum!
Babrima
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Old Mar 29th 2016, 1:47 am
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Default Re: Returning to Canada

Originally Posted by Babrima
Hi, I'm BaBriMa, (Male - 1st few Initials of first name, middle name and surname!)

I hope that I am not posting in the wrong forum, only I cannot find a similar post anywhere. We moved to Canada from the UK in Nov 2005, living in BC. We regretfully had to return to the UK in August 2014, after spending a great 9 years in what we consider to be the finest place to live on the globe! We became Permanent Residents in Oct. 2013. (Five-Year Card)

Unfortunately we had to return to the UK because of our son's very serious health problems. We have been in the UK now for 19 months, and our son is now in remission - which wasn't expected.

We now wish to return to Canada, but obviously have to sell our home here before we make the move. We understand that we have to spend at least 750 days
(2 years) out of the PR card's 5 years. (expires Oct. 2018) That means we will have to return to Canada before July 2017 to make up the 2 years in Canada.

Here's the Question:
If we do not sell our house in time, will we be refused entry? Or, will there be any flexibility by CIC, if we put it on record in writing that we wish return as soon as possible?

Can anybody please help?

It's good to be back in the forum!
Babrima
Welcome back!

First it's 730 days and it's in any 5 year rolling period, nothing to do with your PR card which is not the same as your PR status.

You left 19 moths ago in August 2014 so you're OK to return before August 2017 although that would be cutting it dangerously fine.

Secondly CIC don't care whether or not you still own a house in the UK. You can sell it later if you have to or rent it out. The only thing that matters is maintaining the Canadian residency requirement.

Thirdly, stating an intent to return doesn't help, you just have to return before your deadline.

HTH.
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Old Mar 29th 2016, 3:45 am
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Default Re: Returning to Canada

Many thanks Novocastrian for your very informative response.
One more query please:

If I were to return to Canada on my own a few months before the deadline, with my wife remaining here until the house is sold; will she be able to join me after 730 day period? Do you sense my clutching at straws?

BBM
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Old Mar 29th 2016, 3:50 am
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Default Re: Returning to Canada

Your wife needs to meet her own residency obligation.

S
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Old Mar 29th 2016, 3:53 am
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Default Re: Returning to Canada

Many thanks Snowy560. I will keep the Forum informed out of courtesy.
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Old Mar 29th 2016, 4:09 am
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Default Re: Returning to Canada

If you don't meet the residency obligation, humanitarian and compassionate factors can be considered (so I was thinking of your son, possibly) but at the point at which they are, you will be close to losing your status. Best to avoid that if you can and really, I'd say if it gets to that point, a legal representative would be advised.

I'd say that in your situation you should research your obligations as a Permanent Resident of Canada now so that are sure of what your family needs to do to comply. And if you are not clear as to how it affects you in your particular situation, you should seek immigration advice now to avoid problems going forward.

S

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Old Mar 29th 2016, 4:13 am
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Default Re: Returning to Canada

Thank you Snowy56, that gives me some ray of cautious hope, let's hope that we can sell quickly and don't need to go down that route!

Many thanks again.

BBM
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Old Mar 29th 2016, 4:19 am
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Default Re: Returning to Canada

Originally Posted by Babrima
Thank you Snowy56, that gives me some ray of cautious hope, let's hope that we can sell quickly and don't need to go down that route!

Many thanks again.

BBM
Apart from the obvious, do you have any really reason to need to sell your house before you come back out here? We rented our house out, and it's still being rented now. Is that not an option? To rent it out so you can make the move before your time runs out?
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Old Mar 29th 2016, 4:24 am
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Default Re: Returning to Canada

Just had a thought Snowy560 - I am in receipt of a Canadian OAPension, paid monthly into my Canadian Bank account which I have kept current. Do you think that this may help at all if it comes to "humanitarian and compassionate" factors ?
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Old Mar 29th 2016, 4:29 am
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Default Re: Returning to Canada

What I really think is that you should seek advice from an immigration professional in relation to your personal situation and sooner rather than later. IMO you need to properly understand what you need to do and what is likely to happen if you do not. No one on the forum knows your unique situation, what the exact dates involved are etc etc.

I don't think you should be even be thinking about H&C at this point. You should concentrate on meeting the residency obligation.

S

Last edited by Snowy560; Mar 29th 2016 at 4:33 am.
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Old Mar 29th 2016, 5:40 am
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Default Re: Returning to Canada

Originally Posted by Babrima
Just had a thought Snowy560 - I am in receipt of a Canadian OAPension, paid monthly into my Canadian Bank account which I have kept current. Do you think that this may help at all if it comes to "humanitarian and compassionate" factors ?
BBM
Not a chance. If you want to go back to Canada do it before your personal deadline. Selling your UK house is completely unimportant in the bigger picture.

If you don't want to return to Canada, fair enough. I wouldn't at your age.

Edit:Oh, one more point. If your OAP is being paid into a Canadian account I hope that you've informed the relevant provincial body that you're living abroad and are having the 25% non-resident tax deducted?

Last edited by Novocastrian; Mar 29th 2016 at 5:43 am.
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Old Mar 29th 2016, 9:03 am
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Default Re: Returning to Canada

Snowy560,

Thank you for your candid advice and I will follow it.

Very Grateful - many thanks!

B
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Old Mar 29th 2016, 9:09 am
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Default Re: Returning to Canada

Novocastrian
Well aware of my obligations concerning tax and other matters thanks. I don't understand your comment "If you don't want to return to Canada, fair enough. I wouldn't at your age." The whole point of my thread is that we want to return to Canada. Although in receipt of OAP it doesn't mean that I buy a pipe and new slippers! But many thanks for your comments all the same.
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Old Mar 29th 2016, 11:37 pm
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Default Re: Returning to Canada

Originally Posted by Babrima
Novocastrian
I don't understand your comment "If you don't want to return to Canada, fair enough. I wouldn't at your age." The whole point of my thread is that we want to return to Canada. Although in receipt of OAP it doesn't mean that I buy a pipe and new slippers! But many thanks for your comments all the same.
BBM
It's just that we left Canada immediately after my retirement for several reasons but one of the more important ones was that we were sick, sick, sick of the ****ing winters.
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Old Mar 30th 2016, 5:43 am
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Default Re: Returning to Canada

Originally Posted by Babrima
Thank you Snowy56, that gives me some ray of cautious hope, let's hope that we can sell quickly and don't need to go down that route!

Many thanks again.

BBM
One thing to remember, if your wife does not meet her residency requirements and a H & C application is refused, do you have a plan b?

We sold our houses a long time after moving to Canada. The agent did the work, we signed the papers and got the money. No harder than if we had been in the UK.
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