PR residency RO doesn’t met

[anand91000]

I didn’t met with RO obligation due to family emergency in home country completed 500 days in five years . My family reside in Canada and applied for citizenship, I entered Canada by US with expired Pr card . IRcc issued me letter for sec 16 a , explanation of hardship not completing RO . I submitted hardship letters with documentary proof but got no response yet .What should I do if , I have to visit home country in emergency situation.

 

[dpenabill]

I didn’t met with RO obligation due to family emergency in home country completed 500 days in five years . My family reside in Canada and applied for citizenship, I entered Canada by US with expired Pr card . IRcc issued me letter for sec 16 a , explanation of hardship not completing RO . I submitted hardship letters with documentary proof but got no response yet .What should I do if , I have to visit home country in emergency situation.

Obviously, if status to live in Canada is important to you, you should not leave Canada unless and until you have stayed long enough to be in compliance with the PR Residency Obligation.

It is not clear what procedure occurred attendant this: "IRcc issued me letter for sec 16 a , explanation of hardship not completing RO," or how that is related to your experience with CBSA (not IRCC) attendant your return to Canada via the U.S. It is very possible that you need the assistance of a professional, or at least someone well-familiar with PR RO enforcement procedures, to go over the paperwork with you and determine for sure what is happening. SOONER, not later.

You may very well need to lawyer-up if you want to keep Canadian status.

Too many possibilities to try addressing what might be happening or what is at stake. Main thing is if you are currently subject to Inadmissibility proceedings, that's serious and needs to be addressed appropriately and promptly. If you want to keep PR status.

Regarding Future Travel Abroad:

Stuff happens. I know. And sometimes this puts us in a box with no easy way out. Sometimes we are forced to make very tough decisions depending on what is more important, what our priorities are.

H&C relief is sometimes allowed PRs who have compelling reasons for remaining outside Canada so long they fail to comply with the PR RO. However, H&C is often denied PRs who believe they should be allowed this relief. It is tricky. There are NO guarantees.

You might already be in a battle to save your PR as is, without going abroad again.

Best chance to keep status in Canada is to STAY . . . stay and deal with whatever is currently in process.

If you anticipate having to leave again, but you really also want to save your PR status, really is time to LAWYER-UP.

 

[scylla]

I didn’t met with RO obligation due to family emergency in home country completed 500 days in five years . My family reside in Canada and applied for citizenship, I entered Canada by US with expired Pr card . IRcc issued me letter for sec 16 a , explanation of hardship not completing RO . I submitted hardship letters with documentary proof but got no response yet .What should I do if , I have to visit home country in emergency situation.

Stay in Canada and wait for the results if keeping PR is a priority for you.

If your spouse is in Canada and has citizenship, then you can leave and always be sponsored for PR by your spouse later if you end up losing your PR status.

 

[YVR123]

It depends on who you mean by "family" that meet RO and is waiting for citizenship application to process.
If it's your spouse, then he/she can sponsor you if you lost your PR status at the end.
If it's your parents or children or siblings, then you really need to stay in Canada and wait and fight to retain your PR status because they cannot (or is very hard) to sponsor you.

 

[anand91000]

It depends on who you mean by "family" that meet RO and is waiting for citizenship application to process.
If it's your spouse, then he/she can sponsor you if you lost your PR status at the end.
If it's your parents or children or siblings, then you really need to stay in Canada and wait and fight to retain your PR status because they cannot (or is very hard) to sponsor you.

 

[anand91000]

Thanks, for guidance I understand if I leave Canada my spouse will sponsor me again but I want to inform u that while answering letter of IRCC I filled pr renewal form and explaining my hardship of family medical emergency with proof and letter of support from my spouse my family ties and How minor children will effect as they question me in letter.

 

[canuck78]

Thanks, for guidance I understand if I leave Canada my spouse will sponsor me again but I want to inform u that while answering letter of IRCC I filled pr renewal form and explaining my hardship of family medical emergency with proof and letter of support from my spouse my family ties and How minor children will effect as they question me in letter.

If you leave Canada your application for PR card renewal based on H&C will be weakened significantly. Your PR card renewal is also dependent on whether you can keep your PR status in Canada. Leaving Canada weakens any chance of obtaining PR status. For your spouse to sponsor you again you will have to show concrete proof that you intend to live in Canada permanently. How is your spouse supporting your family in Canada and have you and your spouse been filing your taxes showing your international income that is supporting your family? Proving that your family can support itself without government help in Canada is also a factor when applying for sponsorship.

 

[anand91000]

I lived in Canada almost 500 days in five years . Each year I reside 4 to 5 months in Canada work there support my family, my spouse is also working and filing .
taxes . Only because of medical conditions of my father I have to visit my home country to take care for him .I spent my almost 500 days my intention is live in Canada moreover my immediate family reside here in Canada , How can I face difficulty in sponsoring by my wife again.?

 

[Ponga]

I lived in Canada almost 500 days in five years . Each year I reside 4 to 5 months in Canada work there support my family, my spouse is also working filing taxes . Only because of medical conditions of my father I have to visit my home country to take care for him.

If you anticipate having to leave again, but you really also want to save your PR status, really is time to LAWYER-UP.

I can't argue with this sound advice!

 

[Amsajtwin]

Hi All , I have a question related to my 7 year old son's PR Renewal . What would happen if my 7-year-old son does not meet the Canadian PR renewal requirement of 730 days? Our PR Is due for renewal in 2024 April and when I and my husband would already be meeting the 730 days requirement by December this year, our son will be around 40 days short of meeting 730 days by the time of our renewal. Would my son lose his PR status?? We did not take him to Canada until 2022 May since covid vaccinations were not being administered in India to children and was not safe for travel. Can someone help me with this information. Also, if I take my son with me to India in December 2023 for an important family traditional ceremony , would he be not allowed to enter back in Canada by January 2024 , since the government foresee it as a failure in meeting the residency obligations to renew the PR by April, even though he has a valid pr card until April, 2024? (The total absence of 40 days mentioned above includes this trip). Our prs are valid till 2024 April as per the pr card.

 

[Ponga]

Hi All , I have a question related to my 7 year old son's PR Renewal . What would happen if my 7-year-old son does not meet the Canadian PR renewal requirement of 730 days? Our PR Is due for renewal in 2024 April and when I and my husband would already be meeting the 730 days requirement by December this year, our son will be around 40 days short of meeting 730 days by the time of our renewal. Would my son lose his PR status?? We did not take him to Canada until 2022 May since covid vaccinations were not being administered in India to children and was not safe for travel. Can someone help me with this information. Also, if I take my son with me to India in December 2023 for an important family traditional ceremony , would he be not allowed to enter back in Canada by January 2024 , since the government foresee it as a failure in meeting the residency obligations to renew the PR by April, even though he has a valid pr card until April, 2024? (The total absence of 40 days mentioned above includes this trip). Our prs are valid till 2024 April as per the pr card.

Because your son is a PR, he will not be denied entry into Canada by CBSA, but his leaving is not without risk.

It is possible that he could be issued a 44(1) report for not being able to meet his Residency Obligation (R.O.), but even then, he would be admitted. If this happens, it would be the beginning of him possibly losing PR status, but based on your reasoning for why he will not be in compliance, could be strong H&C grounds, in my opinion.

Best option is for him to remain in Canada until he has accrued at least 730 days. Is that more important to you and your family than leaving for a traditional ceremony? Only you can make that decision.

Good luck!

 

[armoured]

It is possible that he could be issued a 44(1) report for not being able to meet his Residency Obligation (R.O.), but even then, he would be admitted. If this happens, it would be the beginning of him possibly losing PR status, but based on your reasoning for why he will not be in compliance, could be strong H&C grounds, in my opinion.

Realistically I think if the boy has a valid PR card and the non-compliance is not excessive, and the trip abroad not that long, and parents are travelling with and both in compliance - well, CBSA is unlikely to bother with it. (They know the parents are going to sponsor anew anyway).

Not saying that it would be wise, but I just doubt they're going to bother with the paperwork. Not to revoke a kid's PR status and get a news story about something so petty.

 

[Ponga]

Realistically I think if the boy has a valid PR card and the non-compliance is not excessive, and the trip abroad not that long, and parents are travelling with and both in compliance - well, CBSA is unlikely to bother with it. (They know the parents are going to sponsor anew anyway).

Not saying that it would be wise, but I just doubt they're going to bother with the paperwork. Not to revoke a kid's PR status and get a news story about something so petty.

True, but it appears that he only has ~ 1 year towards his R.O. (came to Canada May of last year) and with the card expiring in 11 months, might be a bit risky. I do see your point, however.

 

[armoured]

True, but it appears that he only has ~ 1 year towards his R.O. (came to Canada May of last year) and with the card expiring in 11 months, might be a bit risky. I do see your point, however.

I went by what they said about ~40 days out of compliance.

But that calc is ... not a thing. By law those days remaining in the first five year period are included in the calc.

The calc is how many days outside of Canada since landing (or last five years if more than five years), and how many days that is above (or below) 1095*. The days described (very) roughly correspond to ~1150 days out, so yes, out of compliance - although not that much.

*Or it's obverse i.e. days shy of 730 including days remaining to that five year anniversary.

 

[canuck78]

I lived in Canada almost 500 days in five years . Each year I reside 4 to 5 months in Canada work there support my family, my spouse is also working and filing .
taxes . Only because of medical conditions of my father I have to visit my home country to take care for him .I spent my almost 500 days my intention is live in Canada moreover my immediate family reside here in Canada , How can I face difficulty in sponsoring by my wife again.?

500 days in 5 years is not that long. Your wife would need to to be living in Canada or show proof of returning to Canada if you got PR. She would need to show that your family can support itself without government help. Given the limited amount of time you spend in Canada per year there is a good chance you may have never qualified for a health card in your province. If that is the case you could be asked to repay any healthcare you used. To qualify for healthcare you need to have a valid health card and you need to meet the residency obligation set by your province to qualify for healthcare. For the first year it is 6-12 months living in the province to qualify for healthcare depending on the province. If you meet the residency requirement the first year then it is typically 5 months per year to qualify for healthcare. If you don’t meet the requirement you have to reapply for a health card even if you have a valid one but only if you plan on meeting the 6-12 months stay that is required by the province.

As other have mentioned the best way to ensure that you keep your PR is not to leave and meet your RO. If you appeal and leave right away that are reduces chances of keeping RO. You should be looking at other options to care for your father. Do you have any other family India? If he has been sick since you came to Canada you must have made plans before you moved to Canada? How is he managing for the 4-5 months that you are in Canada? I am sure it is quite difficult to only work 4-5 months a year given the cost of living and I mentioned you may have never qualified to provincial healthcare so you want to make sure you qualify for healthcare in your province in case you need to access the healthcare system.

Are you notifying CRA of your absences every year? You need to notify them and also determine whether you are a tax resident every year (you likely are if your family lives in Canada). If you are not living in Canada the majority of the year that will likely impact benefit payments.