PR Card will be expiring

[SadButTrue]

Hello,

I have a question regarding my mother PR Card.

Just a little bit of information so you can fully understand what is going on with her PR obligation. We moved to Canada in 2011 with and received permanent resident cards etc. No we all have Canadian citizenships except my mom as she had to go back to Ukraine all the time to take care of her parents. All those years we were able to meet residency obligations with her PR but not this time as her father got really sick and last 4 years she were there without going here as he was really sick and she would take care of him every day. Unfortunately my grandfather died 6 month ago and she is ready to move to us.

So now to the question. She is currently have a valid PR Card until October 2022. We are planning buying her ticket to Canada for the beginning of September. Unfortunately she does not have enough days to meet PR Card obligations. What would you say is the best way to do in this case? Will they let her enter Canada? I know if so, she can wait 3 years and apply for another PR Card but I am not sure they will let her stay in Canada. Do you think there is a possibility that the officer will let her in? Also if they decided to refuse and send her back to Ukraine will they let her into Canada for a few days/weeks?

If you need any more information please let me know I will share with you.

Any advice/opinion would be much appreciated.

Thanks,
Naz

 

[canuck78]

Hello,

I have a question regarding my mother PR Card.

Just a little bit of information so you can fully understand what is going on with her PR obligation. We moved to Canada in 2011 with and received permanent resident cards etc. No we all have Canadian citizenships except my mom as she had to go back to Ukraine all the time to take care of her parents. All those years we were able to meet residency obligations with her PR but not this time as her father got really sick and last 4 years she were there without going here as he was really sick and she would take care of him every day. Unfortunately my grandfather died 6 month ago and she is ready to move to us.

So now to the question. She is currently have a valid PR Card until October 2022. We are planning buying her ticket to Canada for the beginning of September. Unfortunately she does not have enough days to meet PR Card obligations. What would you say is the best way to do in this case? Will they let her enter Canada? I know if so, she can wait 3 years and apply for another PR Card but I am not sure they will let her stay in Canada. Do you think there is a possibility that the officer will let her in? Also if they decided to refuse and send her back to Ukraine will they let her into Canada for a few days/weeks?

If you need any more information please let me know I will share with you.

Any advice/opinion would be much appreciated.

Thanks,
Naz

As a PR she will be able to enter Canada no matter what even if she is reported for not meeting her RO. She should make sure to bring any documentation she has proving that her father was so I’ll that she needed to live in Ukraine in the past 4 years,bproof that there was no other family member in Ukraine so she had to come from Canada and that she returned to Canada as soon as possible after her father’s death. If reported she can appeal while remaining in Canada but if she is waived through without being reported she should remain in Canada for 2 years straight until she is compliant with her RO again and then apply for PR card renewal. She should not leave Canada during the 2 years. She needs to reapply for her health card even if it is still valid because she hasn’t met the residency requirements in her province to qualify for healthcare. She needs to renew her card before her PR card expires or she will have difficulty getting a new card in most provinces. She also needs to reactivate her SIN# that may be on hold. If her family was in Canada all this time she was likely still a tax resident and needed to file taxes. If she hasn’t been filing her taxes she should make sure her card is not on hold before her PR card is expired and then look into whether she was a tax resident all these years.

 

[SadButTrue]

As a PR she will be able to enter Canada no matter what even if she is reported for not meeting her RO. She should make sure to bring any documentation she has proving that her father was so I’ll that she needed to live in Ukraine in the past 4 years,bproof that there was no other family member in Ukraine so she had to come from Canada and that she returned to Canada as soon as possible after her father’s death. If reported she can appeal while remaining in Canada but if she is waived through without being reported she should remain in Canada for 2 years straight until she is compliant with her RO again and then apply for PR card renewal. She should not leave Canada during the 2 years. She needs to reapply for her health card even if it is still valid because she hasn’t met the residency requirements in her province to qualify for healthcare. She needs to renew her card before her PR card expires or she will have difficulty getting a new card in most provinces. She also needs to reactivate her SIN# that may be on hold. If her family was in Canada all this time she was likely still a tax resident and needed to file taxes. If she hasn’t been filing her taxes she should make sure her card is not on hold before her PR card is expired and then look into whether she was a tax resident all these years.

Thanks a lot for the information. Just want to clarify.

For example they will send her to immigration officer as most probably it will happen. And he decided to refuse/cancel pr residency or deport her from Canada/airport. Will she be able to still enter Canada and apply for appeal? If so, during that time she can stay or Canada or she will have to leave Canada?

Also as for taxes we were filling her taxes as she work remotely from Ukraine for Canadian corporation. So that should not be a problem.

Thanks again

 

[YVR123]

Thanks a lot for the information. Just want to clarify.

For example they will send her to immigration officer as most probably it will happen. And he decided to refuse/cancel pr residency or deport her from Canada/airport. Will she be able to still enter Canada and apply for appeal? If so, during that time she can stay or Canada or she will have to leave Canada?

Also as for taxes we were filling her taxes as she work remotely from Ukraine for Canadian corporation. So that should not be a problem.

Thanks again

They will not deport her right there. She is still a PR and will be allowed to enter. If she's reported, then she can appeal if they proceed to revoke her PR.
If she has enough proof for H&C reason on why she had to stay outside (caring for sick family member that didn't have anyone else there), they may accept her reasoning and not report her.

A backup question, is her spouse in Canada and has citizenship or PR? If so, he can sponsor her again in case her PR is revoked.

 

[SadButTrue]

They will not deport her right there. She is still a PR and will be allowed to enter. If she's reported, then she can appeal if they proceed to revoke her PR.
If she has enough proof for H&C reason on why she had to stay outside (caring for sick family member that didn't have anyone else there), they may accept her reasoning and not report her.

A backup question, is her spouse in Canada and has citizenship or PR? If so, he can sponsor her again in case her PR is revoked.

Great to hear that! And if they want to revoke her PR ,she can appeal and stay in Canada during that time or she will have to leave Canada? From what I heard appeal takes 1-2 years right?

Her sponsor is PR but already applied for a Citizenship a year ago or so and will get in Citizenship soon.

Thanks

 

[canuck78]

Thanks a lot for the information. Just want to clarify.

For example they will send her to immigration officer as most probably it will happen. And he decided to refuse/cancel pr residency or deport her from Canada/airport. Will she be able to still enter Canada and apply for appeal? If so, during that time she can stay or Canada or she will have to leave Canada?

Also as for taxes we were filling her taxes as she work remotely from Ukraine for Canadian corporation. So that should not be a problem.

Thanks again

They can‘t cancel her PR status or refuse entry. They can‘t deport her from the airport either. She will be allowed to enter Canada no matter what. If it is discovered that she hasn’t met her RO she will have the chance to prove that she has H&C reasons for being out of Canada. This is where she should present evidence that her father was sick. You should show things like hospital or doctors records and any other proof that he was so ill that he needed his daughter to come fromCanada to care for him. Proof that there was no other family member able to care for him in Ukraine would be another piece of evidence. Proof that she continued working for her Canadian employer would also be good evidence that she was only in Ukraine temporarily and would be returning to Canada. If she has sufficient evidence of H&C circumstances she may be let into Canada without being reported. She may also be let into Canada without needing to present any evidence. If reported for not meeting RO she will be told and then she has the option to appeal. She can remain in Canada during the appeal process.

 

[SadButTrue]

They can‘t cancel her PR status or refuse entry. They can‘t deport her from the airport either. She will be allowed to enter Canada no matter what. If it is discovered that she hasn’t met her RO she will have the chance to prove that she has H&C reasons for being out of Canada. This is where she should present evidence that her father was sick. You should show things like hospital or doctors records and any other proof that he was so ill that he needed his daughter to come fromCanada to care for him. Proof that there was no other family member able to care for him in Ukraine would be another piece of evidence. Proof that she continued working for her Canadian employer would also be good evidence that she was only in Ukraine temporarily and would be returning to Canada. If she has sufficient evidence of H&C circumstances she may be let into Canada without being reported. She may also be let into Canada without needing to present any evidence. If reported for not meeting RO she will be told and then she has the option to appeal. She can remain in Canada during the appeal process.

Okay, thank you so much for all of the information. Very much appreciate it.

 

[tomlee1986]

They can’t cancel it outright there and then, still able to to IAD (appeals division) for appeal