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Parents could not fulfil RO, your insight requested...

bhavnat

Full Member
Dec 17, 2022
45
3
My parents are in Similar situations and age group. Did u find any immigration lawyer or consultant who can help?
I will try apply today and will keep everyone posted so we can get some support here...if questions,
 

canuck78

VIP Member
Jun 18, 2017
55,605
13,529
I called some lawyer today, they say 9-10 K, is the cost, :(
Unfortunately they aren’t even close to meeting their RO in the past 8 years and travel has been possible for quite some time due to Covid. In Ontario they will struggle to get a valid OHIP card until they have a valid PR card which may also be something you have to consider.
 
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bhavnat

Full Member
Dec 17, 2022
45
3
Unfortunately they aren’t even close to meeting their RO in the past 8 years and travel has been possible for quite some time due to Covid. In Ontario they will struggle to get a valid OHIP card until they have a valid PR card which may also be something you have to consider.
yes, so I will just apply for TD and see what happens, if denied, I can go appeal, I am hoping....? thanks,
 

canuck78

VIP Member
Jun 18, 2017
55,605
13,529
well, yes and no, they had some unfinished business as well in addition to ritual, and my father was actively working then...thank you.
You didn't mention that your father was still working in your initial posts. Then he didn’t return solely to do the rituals they also returned so he could work. When did he stop working? PR card expiry date and period of RO compliance are different. Although their PR card only recently expired they have not returned to Canada for over 5 years and never met their RO. The expiry date on a PR card is not associated with RO compliance. PR card is only a travel document. If you don’t have a valid PR card you can’t fly into Canada which means you have to apply for PRTD or enter via the US so you are limited on your options for returning to Canada and trying to retain your PR status. It looks like they didn’t even come to live in Canada while your brother was ill and only returned at end of life. It looks like your parents returned to India in 2014 because they were still working and the same in 2017. They also performed rituals as well but that is only part of the story. Unfortunately by not returning by August 2022 your parents were making a choice not to prioritize trying to retain their PR status. What has changed since August that would make them able and willing to relocate to Canada?
 

bhavnat

Full Member
Dec 17, 2022
45
3
You didn't mention that your father was still working in your initial posts. Then he didn’t return solely to do the rituals they also returned so he could work. When did he stop working? PR card expiry date and period of RO compliance are different. Although their PR card only recently expired they have not returned to Canada for over 5 years and never met their RO. The expiry date on a PR card is not associated with RO compliance. PR card is only a travel document. If you don’t have a valid PR card you can’t fly into Canada which means you have to apply for PRTD or enter via the US so you are limited on your options for returning to Canada and trying to retain your PR status. It looks like they didn’t even come to live in Canada while your brother was ill and only returned at end of life. It looks like your parents returned to India in 2014 because they were still working and the same in 2017. They also performed rituals as well but that is only part of the story. Unfortunately by not returning by August 2022 your parents were making a choice not to prioritize trying to retain their PR status. What has changed since August that would make them able and willing to relocate to Canada?

Thank you, my father is a lwayer, has been volunteering part time with a missionary school as board memeber, keeping him occupied in indian social setting, mnetally & physically, to cope with the trauma, not really working in that sense, now aging, unable to do much of that, I and my brother have been trying to prepare them, my son is getting married, next August, they love him and it is our first family ocassion after 2017 that brings them joy, as you know we are all immigrants and how vital this is for us, celebration of our life here in Canada, overcoming challanges through our settlement, watching our kids succeed, my son, his canadian fiance and all of us really want them to be here to bless them. And then my older brother and I would love to be with them and take good care of them in their final phase of senior lives , and not leave them in India alone, where we are unable to attend to promptly, if anything happens to them at this point. I have been working in community services for 25 years, contributing to our communities in need, both as part of my work and outside as a volunteer, my son has is also actively involved in a youth advisory board in GTA. We are citizens committed to our communities, and have always appreciated what Canada has offered us. We are looking forward to IRCC helping us Re Unite our family to help us keep doing meaningful work that we do, day in day out! appreciate your understanding my emotions...
 

armoured

VIP Member
Feb 1, 2015
17,293
8,892
... and have always appreciated what Canada has offered us. We are looking forward to IRCC helping us Re Unite our family to help us keep doing meaningful work that we do, day in day out! appreciate your understanding my emotions...
There's no point really in explaining in detail here, we're not CBSA officers.

While you can of course explain or refer to the emotional and family components, keep it relatively brief in written submissions and be sure to link to factual aspects (with evidence) wherever possible. If in an oral interview, answer questions carefully and relatively briefly - referring again to factual matters.
 

bhavnat

Full Member
Dec 17, 2022
45
3
There's no point really in explaining in detail here, we're not CBSA officers.

While you can of course explain or refer to the emotional and family components, keep it relatively brief in written submissions and be sure to link to factual aspects (with evidence) wherever possible. If in an oral interview, answer questions carefully and relatively briefly - referring again to factual matters.
Thank you will do!
 

canuck78

VIP Member
Jun 18, 2017
55,605
13,529
Thank you, my father is a lwayer, has been volunteering part time with a missionary school as board memeber, keeping him occupied in indian social setting, mnetally & physically, to cope with the trauma, not really working in that sense, now aging, unable to do much of that, I and my brother have been trying to prepare them, my son is getting married, next August, they love him and it is our first family ocassion after 2017 that brings them joy, as you know we are all immigrants and how vital this is for us, celebration of our life here in Canada, overcoming challanges through our settlement, watching our kids succeed, my son, his canadian fiance and all of us really want them to be here to bless them. And then my older brother and I would love to be with them and take good care of them in their final phase of senior lives , and not leave them in India alone, where we are unable to attend to promptly, if anything happens to them at this point. I have been working in community services for 25 years, contributing to our communities in need, both as part of my work and outside as a volunteer, my son has is also actively involved in a youth advisory board in GTA. We are citizens committed to our communities, and have always appreciated what Canada has offered us. We are looking forward to IRCC helping us Re Unite our family to help us keep doing meaningful work that we do, day in day out! appreciate your understanding my emotions...
When it comes to RO it comes down to facts and concrete proof as to why they haven’t been able to meet their RO. 2 out of 5 years is a very generous RO and contrary to other people not meeting their RO the ill family member died in Canada. They weren’t abroad caring for an ill family member. They landed in 2014 and didn’t return until 2017. They haven’t met RO since 2017. I assume that your father did return to work in 2014- 2017 or else why would they have relocated by 2017 or before to meet their RO.
 

bhavnat

Full Member
Dec 17, 2022
45
3
When it comes to RO it comes down to facts and concrete proof as to why they haven’t been able to meet their RO. 2 out of 5 years is a very generous RO and contrary to other people not meeting their RO the ill family member died in Canada. They weren’t abroad caring for an ill family member. They landed in 2014 and didn’t return until 2017. They haven’t met RO since 2017. I assume that your father did return to work in 2014- 2017 or else why would they have relocated by 2017 or before to meet their RO.
from 2014 to 2017, they thought they still have time to meet the RO, but when they had to come see my brother in final stage, given the urgency, they just left in rush. After my brother passed, they left for India in a short period of time in order to get rituals done back home as per our Hindu faith. At the time entire family was in a shock, was too much to deal with as we had family member number 4 going through Cancer and its consequnces. Once they arrived in India, both of them found life a challnge to cope with, with my youngest brothers loss, went into depression, and both my brother and me have been visiting them and offer them support and comfort in for 2 years. I tried to convince them to come with me and live with us, however It was impossible for them to think of moving at the moment, while we realized it was good for them to be in India, with some family and social setting to help them heal the pain of my brothers loss, i.e. my mother's sister, my fathers brother etc. We were staying in touch with them sort of monitoring theri general well being, together with their medical doctors. then pandemic made things more challanging for them to survive through and they were unable to make a decision. In the mean time my older son is engaged and then as travels opened up, I visited this year to share the news with them and cheer them up, and getting them ready to come be with us, and be there for my sons wedding coming in August 2023. They are now feeling much better and are looking forward to return to Canada. All in all, at the age of 84 and 80 having no one to care for them in India, we would like them to be with us, as we wont be able to reach them promplty if something happens to them or if they require long term care, given our work and family commitments here at home.

I am not sure if my facts will convince the IRCC of H&C ground, please provide me with your insight, appreciate.
 

armoured

VIP Member
Feb 1, 2015
17,293
8,892
I am not sure if my facts will convince the IRCC of H&C ground, please provide me with your insight, appreciate.
No-one can tell you. Have you actually already applied for the PRTD yet or not?

If not: take some time to write this out. To be blunt, your approach above of a long windy paragraph with everything mixed together is - in my opinion only - terrible presentation. It's a romantic novel with everything dumped into what reads like a single sentence and you're out of breath after the first two lines.

Try re-writing as bullet points. Doesn't even have to be complete sentences. Each one should be as short and simple as possible, with a single point, ideally with a single fact linked to it. Anything that requires detailed explanation - put it for the time being spearately, as an annex or appendix.

Then organize the points, somehow - doesn't matter for now whether chronologically or thematically.

Then read through and check - do they make sense? Are the points supported by facts? Make sure there are specifics - not just 'covid' but: -travel bans (some detail); -health uncertainty; -economic uncertainty (if applicable).

Whatever you do, read through and then reduce / edit to shorten at least three times.

Make it easy for the officer reading it to get all relevant facts. Imagine he/she has to summarize it for their boss, and no more than a half-page is allowed them. All they want are the best points, clearly expressed, and if they can't find them or there's too much verbiage, they get left out.
 
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bhavnat

Full Member
Dec 17, 2022
45
3
No-one can tell you. Have you actually already applied for the PRTD yet or not?

If not: take some time to write this out. To be blunt, your approach above of a long windy paragraph with everything mixed together is - in my opinion only - terrible presentation. It's a romantic novel with everything dumped into what reads like a single sentence and you're out of breath after the first two lines.

Try re-writing as bullet points. Doesn't even have to be complete sentences. Each one should be as short and simple as possible, with a single point, ideally with a single fact linked to it. Anything that requires detailed explanation - put it for the time being spearately, as an annex or appendix.

Then organize the points, somehow - doesn't matter for now whether chronologically or thematically.

Then read through and check - do they make sense? Are the points supported by facts? Make sure there are specifics - not just 'covid' but: -travel bans (some detail); -health uncertainty; -economic uncertainty (if applicable).

Whatever you do, read through and then reduce / edit to shorten at least three times.

Make it easy for the officer reading it to get all relevant facts. Imagine he/she has to summarize it for their boss, and no more than a half-page is allowed them. All they want are the best points, clearly expressed, and if they can't find them or there's too much verbiage, they get left out.
Thank you so much Armoured! No I am yet to apply, Yes, my story is all over the place, I will make sure to put them in bullets, as effective as possible....I will be adding more points on how the reunion is going to impact me mentally, not worrying about them and trying to organize affairs / errands from here for them and how they will be now with their children at this final phase in life. If anything else I can add, please do let me know, from my windy story, :) much appreciate!
 

bhavnat

Full Member
Dec 17, 2022
45
3
I am so thankful to you all, for your passion to help, time reading my story and offering insight, this forum is really a great support for those unaware of system and procedures and who cant afford to hire professionals...! I know its not as easy, as I try to do the same in my sector, day in day out....:)
 

armoured

VIP Member
Feb 1, 2015
17,293
8,892
Thank you so much Armoured! No I am yet to apply, Yes, my story is all over the place, I will make sure to put them in bullets, as effective as possible....I will be adding more points on how the reunion is going to impact me mentally, not worrying about them and trying to organize affairs / errands from here for them and how they will be now with their children at this final phase in life. If anything else I can add, please do let me know, from my windy story, :) much appreciate!
I do not feel qualified to advise what types of arguments will be most likely to appear convincing, and I do not know what standards they attempt to apply.

That said: my impression is that so far your points lean very heavily on the emotional aspects and impacts, and not very much on reasons why your parents did not fulfill the residency obligation.

And the 'it will be very difficult for us to live apart' points do not appear convincing - to me - when they have lived apart and not in Canada for the vast majority of the last eight or so years. Likewise for your parents having some link to Canada and social or other support - minimal. Leaving aside that caring for the elderly and related costs is much harder and more expensive in Canada. This is not to say you can't make these arguments, but I would be skeptical that these arguments will carry the day (for the reasons above).

And bluntly, I don't wish to be negative, but you should also consider and be prepared for the possibilty of a refusal and what your family would need to do.

Good luck though.
 

bhavnat

Full Member
Dec 17, 2022
45
3
I do not feel qualified to advise what types of arguments will be most likely to appear convincing, and I do not know what standards they attempt to apply.

That said: my impression is that so far your points lean very heavily on the emotional aspects and impacts, and not very much on reasons why your parents did not fulfill the residency obligation.

And the 'it will be very difficult for us to live apart' points do not appear convincing - to me - when they have lived apart and not in Canada for the vast majority of the last eight or so years. Likewise for your parents having some link to Canada and social or other support - minimal. Leaving aside that caring for the elderly and related costs is much harder and more expensive in Canada. This is not to say you can't make these arguments, but I would be skeptical that these arguments will carry the day (for the reasons above).

And bluntly, I don't wish to be negative, but you should also consider and be prepared for the possibilty of a refusal and what your family would need to do.

Good luck though.
Thanks! I see, what if they refuse, is it possible to ask for theif visitor visa to attend the wedding in August then,,? I am hoping so,
 

Ketobaby

Star Member
Feb 2, 2022
194
89
Thanks! I see, what if they refuse, is it possible to ask for theif visitor visa to attend the wedding in August then,,? I am hoping so,
[/QUOT
I believe your chances of approval for a TRV after a refused H & C is a lot less might be slightly better with Supervisa.

Ps - Unpopular opinion I "feel" you are better off exploring entering US and crossing into Canada via land. In the event that they are reported I "believe" you can then appeal with H & C.