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Hello - My name is ***** ***** I'm happy to assist you today. I am a Canadian lawyer who is able to answer immigration law questions.
Can you tell me why you were not in Canada between 2017 and 2020 ? Are planning to return to Canada full time in the coming years ?
We got our Copr in April 2017 and hence we visited Canada for 5 days in May with an intension of returning after we receive our PR. Which arrived only on Dec 2017.
In mean time my Husband was asked to move to Germany by his employer for a client he was working and I moved with him. This happened in July 2017.so basically when we received our PR we were in Germany.
We thought of moving back to Canada in start of 2019 but Corona situation was so bad that all travels were closed in Europe.
When the situation turned better we started applying for jobs and my husband now got a permanent offer from Canada and we want to move permanently to Canada.
But now we are sure if we are allowed to enter Canada as if count from May 2017 we have already lost 3.5 yrs out of 5 yrs. Secondly, will we get an issue in renew of our PR (our PR is valid till Dec 2022)
We are planning to enter Canada in January 2021.
Thank you for this additional information.
I will be offline for a short while for dinner but I will post a detailed reply when I am back online.
Your patience is appreciated.
Given that you have been out of the country more than 3 years now, you may have a problem when you try to re-enter in January, 2021. An exception will be made for time spent outside of Canada if your husband was working abroad for the Canadian or provincial government.
If you had been absent for less then 3 years. port of entry immigration officers may let you enter if you indicate that you are coming in to permanently settle down and will not leaving for the next two years. However, given your length of absence, the immigration officer might not let you enter and will detain you to find out more about the reasons for your absence from Canada. If after interviewing you and getting the details, the officer can decide to take enforcement action via an immigration hearing to determine whether or not you should be allowed to remain in Canada as a PR. At this hearing, you need to provide convincing proof that you had a good reason for not being in Canada for the past 3.5 years, that you have a genuine intention now to settle permanently in Canada, that you have ties to Canada and that you and your children, if you have children, would face undeserved and disproportionate hardship if asked to leave.
I would strongly suggest that you have an experienced lawyer represent you if your case is sent to an Immigration inquiry or hearing.
Here is the link to the immigration section of Lexpert which is a website which has the names of leading lawyers in different areas of law. The lawyers named are all very experienced.
Here for your reference is a link to the Operational Guidelines on how Canada Immigration handles cases where PR does not meet the residency requirement