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Seeking guidance on PR status and resident obligations

hanzrae2013

Member
May 28, 2021
19
4
Dear All,

I received my Permanent Residency (Ontario Nomination) in February 2022. Unfortunately, shortly after, I was diagnosed with adenocarcinoma (cancer). At the time of my PR medical exam, I was healthy, and the cancer was detected later. In May 2022, I completed my soft landing in Canada and then returned to my country of residence to begin treatment.

By 2023, my reports were clear, and I was planning to move to Canada. However, during a routine scan, traces of the cancer were found, and I was advised to resume treatment. Given this, I have decided to stay back and continue treatment for the next year or so. My PR card expires in August 2027.

I would like to know if I can move to Canada in January 2027 and fulfill the residency requirement by staying in the country without leaving. If this is possible, would I be able to renew my PR card after its expiry while residing in Canada? Additionally, if I am in remission by that time, should I voluntarily disclose my medical history, or will I be required to explain why I did not meet my residency obligations?

I want to emphasize that I have worked hard to obtain my PR and did not falsify any information during the process. My cancer diagnosis occurred after I was granted PR, and I chose to stay in my current country for treatment rather than relocate to Canada and rely on the healthcare system there. My intention was to avoid putting unnecessary strain on government resources.

I would greatly appreciate any advice on the best way forward, as I am eager to maintain my PR status and ensure compliance with the rules.

Thank you for your assistance.
 

scylla

VIP Member
Jun 8, 2010
95,668
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Toronto
Category........
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Buffalo
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App. Filed.......
28-05-2010
AOR Received.
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28-06-2010
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01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Dear All,

I received my Permanent Residency (Ontario Nomination) in February 2022. Unfortunately, shortly after, I was diagnosed with adenocarcinoma (cancer). At the time of my PR medical exam, I was healthy, and the cancer was detected later. In May 2022, I completed my soft landing in Canada and then returned to my country of residence to begin treatment.

By 2023, my reports were clear, and I was planning to move to Canada. However, during a routine scan, traces of the cancer were found, and I was advised to resume treatment. Given this, I have decided to stay back and continue treatment for the next year or so. My PR card expires in August 2027.

I would like to know if I can move to Canada in January 2027 and fulfill the residency requirement by staying in the country without leaving. If this is possible, would I be able to renew my PR card after its expiry while residing in Canada? Additionally, if I am in remission by that time, should I voluntarily disclose my medical history, or will I be required to explain why I did not meet my residency obligations?

I want to emphasize that I have worked hard to obtain my PR and did not falsify any information during the process. My cancer diagnosis occurred after I was granted PR, and I chose to stay in my current country for treatment rather than relocate to Canada and rely on the healthcare system there. My intention was to avoid putting unnecessary strain on government resources.

I would greatly appreciate any advice on the best way forward, as I am eager to maintain my PR status and ensure compliance with the rules.

Thank you for your assistance.
You can return to Canada before your PR card expires. If you are allowed into Canada without being reported, you should then ideally remain in Canada for two years straight without leaving before you apply to renew your PR card. If, on the other hand, you are reported by CBSA for failing to meet the residency requirement when you enter Canada, you will have to make an appeal for why you should be able to keep your PR status. You can certainly try using your medical situation as the reason why you could not relocate to Canada earlier. However it's not possible for any of us to say of that argument will be successful or not.

Hope you get better soon and good luck.
 
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YVR123

VIP Member
Jul 27, 2017
7,343
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Dear All,

I received my Permanent Residency (Ontario Nomination) in February 2022. Unfortunately, shortly after, I was diagnosed with adenocarcinoma (cancer). At the time of my PR medical exam, I was healthy, and the cancer was detected later. In May 2022, I completed my soft landing in Canada and then returned to my country of residence to begin treatment.

By 2023, my reports were clear, and I was planning to move to Canada. However, during a routine scan, traces of the cancer were found, and I was advised to resume treatment. Given this, I have decided to stay back and continue treatment for the next year or so. My PR card expires in August 2027.

I would like to know if I can move to Canada in January 2027 and fulfill the residency requirement by staying in the country without leaving. If this is possible, would I be able to renew my PR card after its expiry while residing in Canada? Additionally, if I am in remission by that time, should I voluntarily disclose my medical history, or will I be required to explain why I did not meet my residency obligations?

I want to emphasize that I have worked hard to obtain my PR and did not falsify any information during the process. My cancer diagnosis occurred after I was granted PR, and I chose to stay in my current country for treatment rather than relocate to Canada and rely on the healthcare system there. My intention was to avoid putting unnecessary strain on government resources.

I would greatly appreciate any advice on the best way forward, as I am eager to maintain my PR status and ensure compliance with the rules.

Thank you for your assistance.
Your case is a bit complicated for me to respond.
Just to point out if you land AFTER your health condition has changed, you need to notify IRCC. How did you get your PR matters. (if it's under spousal/common law sponsorship, health condition does not matter as much)
I know that your intension is good. But there could still be issue related to how things were report/not reported.

FYI, my MIL was diagnosed with cancer and we notified IRCC before she finalized the process and we withdrawn the application. (it was at very final stage for the approval, we got the PPR/copy of passport request)
 
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canuck78

VIP Member
Jun 18, 2017
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Dear All,

I received my Permanent Residency (Ontario Nomination) in February 2022. Unfortunately, shortly after, I was diagnosed with adenocarcinoma (cancer). At the time of my PR medical exam, I was healthy, and the cancer was detected later. In May 2022, I completed my soft landing in Canada and then returned to my country of residence to begin treatment.

By 2023, my reports were clear, and I was planning to move to Canada. However, during a routine scan, traces of the cancer were found, and I was advised to resume treatment. Given this, I have decided to stay back and continue treatment for the next year or so. My PR card expires in August 2027.

I would like to know if I can move to Canada in January 2027 and fulfill the residency requirement by staying in the country without leaving. If this is possible, would I be able to renew my PR card after its expiry while residing in Canada? Additionally, if I am in remission by that time, should I voluntarily disclose my medical history, or will I be required to explain why I did not meet my residency obligations?

I want to emphasize that I have worked hard to obtain my PR and did not falsify any information during the process. My cancer diagnosis occurred after I was granted PR, and I chose to stay in my current country for treatment rather than relocate to Canada and rely on the healthcare system there. My intention was to avoid putting unnecessary strain on government resources.

I would greatly appreciate any advice on the best way forward, as I am eager to maintain my PR status and ensure compliance with the rules.

Thank you for your assistance.
As mentioned up until landing you are required to notify IRCC of any changes in your health because you are not a PR until that point
 

Ponga

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Oct 22, 2013
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As mentioned up until landing you are required to notify IRCC of any changes in your health because you are not a PR until that point
The OP stated that they were healthy when they landed and became a PR.
 
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Ponga

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Oct 22, 2013
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If you read OP’s post it appears they were diagnosed with cancer between getting COPR and landing.
If YOU read the OP's original post, you should see that you are mistaken:

My cancer diagnosis occurred after I was granted PR, and I chose to stay in my current country for treatment rather than relocate to Canada and rely on the healthcare system there.
 

canuck78

VIP Member
Jun 18, 2017
55,295
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If YOU read the OP's original post, you should see that you are mistaken:

My cancer diagnosis occurred after I was granted PR, and I chose to stay in my current country for treatment rather than relocate to Canada and rely on the healthcare system there.
Their definition of being granted PR is getting COPR not landing as a PR if you read the whole post. So yes they got their diagnosis between getting COPR and landing as a PR so before they became a PR.

“I received my Permanent Residency (Ontario Nomination) in February 2022. Unfortunately, shortly after, I was diagnosed with adenocarcinoma (cancer). At the time of my PR medical exam, I was healthy, and the cancer was detected later. In May 2022, I completed my soft landing in Canada and then returned to my country of residence to begin treatment.”
 
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Ponga

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Oct 22, 2013
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Their definition of being granted PR is getting COPR not landing as a PR if you read the whole post. So yes they got their diagnosis between getting COPR and landing as a PR so before they became a PR.

“I received my Permanent Residency (Ontario Nomination) in February 2022. Unfortunately, shortly after, I was diagnosed with adenocarcinoma (cancer). At the time of my PR medical exam, I was healthy, and the cancer was detected later. In May 2022, I completed my soft landing in Canada and then returned to my country of residence to begin treatment.”
What about this part of the OP's post:
In May 2022, I completed my soft landing in Canada and then returned to my country of residence to begin treatment.


Sounds like are assuming that is the case, since the OP never stated the actual date of their diagnosis or the day they actually landed as a PR. My post was simply based on this sentence:
My cancer diagnosis occurred after I was granted PR, and I chose to stay in my current country for treatment rather than relocate to Canada and rely on the healthcare system there.

In any event, it's a moot point anyway.
 

canuck78

VIP Member
Jun 18, 2017
55,295
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What about this part of the OP's post:
In May 2022, I completed my soft landing in Canada and then returned to my country of residence to begin treatment.


Sounds like are assuming that is the case, since the OP never stated the actual date of their diagnosis or the day they actually landed as a PR. My post was simply based on this sentence:
My cancer diagnosis occurred after I was granted PR, and I chose to stay in my current country for treatment rather than relocate to Canada and rely on the healthcare system there.

In any event, it's a moot point anyway.
How would they know they needed to return home for treatment if they hadn’t been diagnosed before their soft landing? As you must know many state that they were granted PR when they have their PR application approved and get COPR when they are not actually PRs yet. Also it does have an impact because they didn’t update their medical before landing so did in fact commit misrepresentation. Doesn’t mean they wouldn’t still have been approved but any changes to health information must be updated before landing.
 

Ponga

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Oct 22, 2013
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How would they know they needed to return home for treatment if they hadn’t been diagnosed before their soft landing? As you must know many state that they were granted PR when they have their PR application approved and get COPR when they are not actually PRs yet. Also it does have an impact because they didn’t update their medical before landing so did in fact commit misrepresentation. Doesn’t mean they wouldn’t still have been approved but any changes to health information must be updated before landing.
Ok...

The OP states that their valid PR Card expires in August of 2027, meaning that it was issued in August of 2022. The exact date is unknown, so...IF the OP was diagnosed after the card was printed, they would in fact have had PR status at that time. If, on the other hand, the OP did NOT have their PR Card when diagnosed...you could be right. Hopefully the OP will clarify so that we can move on. LOL!

And to the OP...I wish you a complete recovery!
 
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dpenabill

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Apr 2, 2010
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I received my Permanent Residency (Ontario Nomination) in February 2022. . . .In May 2022, I completed my soft landing in Canada . . .

I would like to know if I can move to Canada in January 2027 and fulfill the residency requirement by staying in the country without leaving. If this is possible, would I be able to renew my PR card after its expiry while residing in Canada?

I would greatly appreciate any advice on the best way forward . . .
Even though I agree with the response by @scylla, it needs to be clear that if you wait that long to come to Canada, such that you are outside Canada for well over three years since the date of your landing, there is a real risk of being subject to inadmissibility proceedings when you arrive, leading to the loss of PR status.

I cannot offer personal advice, but I can emphatically say that the "best way forward" is to come to Canada to STAY sooner rather than later, and in particular BEFORE you have been outside Canada more than 1095 days since landing. If you do remain outside Canada for treatment for more than 1095 days since landing, the sooner you come here (and come to STAY), the better odds you have of keeping your PR status.

Arriving here just a few months before the fifth year anniversary of the date you landed is pushing the envelope, significantly increasing the risk of being determined to be inadmissible and losing your status. Yes, you can argue there are H&C reasons why you should be allowed to keep status despite the breach of the RO, reasons that can include the choice to continue treatment for an illness where you currently live. BUT as much as we talk about H&C relief, that's the long shot, that's taking chances, that is far shy of being the "best" way to keep your status.

To be clear, being able to make a H&C case is NOT a good reason to put off returning to Canada to settle here UNLESS you really have no other practical choice. If you cannot come, you cannot come, and then you are relying on either being waived through or getting H&C relief.

Failure to Notify IRCC of Material Changes Before Landing In Regards to Medical Matters:

Most of the discussion since your post has been about whether you should have notified IRCC of the cancer diagnosis before you landed. Obviously this is totally irrelevant if you did not know of the diagnosis before you landed.

Moreover, if as you say you made no misrepresentations, including no false or deceptive answers to questions asked during the process of landing, odds are this discussion is an unimportant distraction, not a problem.

Otherwise, as to the exchange between @Ponga and @canuck78 . . .

If @Ponga is correct, if the initial diagnosis was AFTER you landed, NO PROBLEM. Ignore this entire conversation.

If, in contrast, @canuck78 is correct, if the diagnosis was BEFORE you landed . . . the worst case scenario would be a potential misrepresentation issue based on misrepresentation by omission BUT ONLY IF there was a MATERIAL change in any of the information you provided to IRCC before you did the landing.

However, even if you got the initial diagnosis of cancer after your PR visa was approved but before you landed, unless you specifically stated in the process of landing that you did not have any serious changes in your medical condition, or you otherwise made overt efforts to conceal the diagnosis, this discussion is probably still an aside, not worth much attention. Not likely to be a problem.

So, even assuming you got the initial diagnosis of cancer after your PR visa was approved but before you landed . . . if during the process of applying for PR you checked or said "no" in response to a question in the forms for applying, or in an interview with IRCC, asking if you had been diagnosed with cancer (I do not recall any such question in the process, at least not other than in response to questions asked by the doctor who did the medical exam, but that was a long time ago now), the diagnosis of cancer before landing would be a material change in circumstances obligating you to report that change to IRCC and to do so either before or during the process of landing. The failure to do so could be considered a misrepresentation by omission. That would be a problem . . . but only a problem if IRCC decides to prosecute it as such, either in admissibility proceedings based on misrepresentation, or to refer it to the Crown to prosecute criminally. Neither of which is likely. Some remote possibility of alleging misrepresentation in 44(1) proceedings but that is not likely.

Nothing to worry much at all about at this juncture. Unless you come to Canada to settle before failing to meet the RO, the real issue is the prospect of being deemed inadmissible for a breach of the RO.

You can probably ignore the rest of this.

As mentioned up until landing you are required to notify IRCC of any changes in your health because you are not a PR until that point
This is a huge overstatement. Or, to put it plainly, it is not accurate. No, after being approved and issued a PR visa there is no need for the OP to have notified IRCC if they had a cold, sore throat, broke an arm or leg, had dental surgery, gained weight, even a lot of weight, or any one of scores and scores of other possible changes in a person's health.

What serious medical conditions should be reported? I do not recall, and besides I went through the process too long ago for my experience to be much guidance, just what medical questions were asked in the PR visa application forms. I do not know what medical questions the OP answered in the application forms themselves or in any interview. So I do not know if a later diagnosis of cancer is overtly contrary to information the OP gave in the application, a diagnosis that would require notification to IRCC.

I am absolutely certain, however, that there is no obligation to notify IRCC of just "any changes" in health.

I am not so certain about a diagnosis that changes specific information given to the doctor conducting the medical examination, but I have not seen any misrepresentation cases based on a failure to notify IRCC of a subsequent change in the information that was given to the examining physician.

In fact, I have not seen any misrepresentation cases against PRs, after landing, based on the failure to notify IRCC of a change in health, even a serious change in health, that occurs after the visa is approved but before landing.

Meanwhile, medical diagnoses are not like being arrested and charged with a crime. The failure to notify IRCC of a criminal charge, such that would make the individual inadmissible for criminality, is more clearly a misrepresentation by omission (and it would be an overt misrepresentation if asked during the landing process whether there have been any criminal charges). Sure, if in the application forms the applicant is asked specifically whether they have been diagnosed with cancer, then a failure to notify IRCC of such a diagnosis before landing will technically constitute a misrepresentation by omission, even though so far as I can discern there is no more than a remote chance that IRCC would pursue a PR for misrepresentation based on this.

Moreover, I am skeptical that once the PR visa is issued the individual needs to notify IRCC of even major or serious medical conditions that develop in the meantime UNLESS it is a medical condition that poses a danger to public health, like a serious contagious disease. The law regarding medical screening prescribes the need for a "medical certificate" certifying the individual does not have a medical condition that would pose an "excessive demand on health or social services," or which pose a danger to public health. Once that certificate is issued I do not believe that individuals need to self-monitor their health care to make a determination if changes in their health are such as to constitute a change that might pose an excessive demand on health or social services, or pose a danger to public health . . . so long as they are honestly answering questions they are asked and not actively trying to conceal a medical condition.
 
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canuck78

VIP Member
Jun 18, 2017
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Even though I agree with the response by @scylla, it needs to be clear that if you wait that long to come to Canada, such that you are outside Canada for well over three years since the date of your landing, there is a real risk of being subject to inadmissibility proceedings when you arrive, leading to the loss of PR status.

I cannot offer personal advice, but I can emphatically say that the "best way forward" is to come to Canada to STAY sooner rather than later, and in particular BEFORE you have been outside Canada more than 1095 days since landing. If you do remain outside Canada for treatment for more than 1095 days since landing, the sooner you come here (and come to STAY), the better odds you have of keeping your PR status.

Arriving here just a few months before the fifth year anniversary of the date you landed is pushing the envelope, significantly increasing the risk of being determined to be inadmissible and losing your status. Yes, you can argue there are H&C reasons why you should be allowed to keep status despite the breach of the RO, reasons that can include the choice to continue treatment for an illness where you currently live. BUT as much as we talk about H&C relief, that's the long shot, that's taking chances, that is far shy of being the "best" way to keep your status.

To be clear, being able to make a H&C case is NOT a good reason to put off returning to Canada to settle here UNLESS you really have no other practical choice. If you cannot come, you cannot come, and then you are relying on either being waived through or getting H&C relief.

Failure to Notify IRCC of Material Changes Before Landing In Regards to Medical Matters:

Most of the discussion since your post has been about whether you should have notified IRCC of the cancer diagnosis before you landed. Obviously this is totally irrelevant if you did not know of the diagnosis before you landed.

Moreover, if as you say you made no misrepresentations, including no false or deceptive answers to questions asked during the process of landing, odds are this discussion is an unimportant distraction, not a problem.

Otherwise, as to the exchange between @Ponga and @canuck78 . . .

If @Ponga is correct, if the initial diagnosis was AFTER you landed, NO PROBLEM. Ignore this entire conversation.

If, in contrast, @canuck78 is correct, if the diagnosis was BEFORE you landed . . . the worst case scenario would be a potential misrepresentation issue based on misrepresentation by omission BUT ONLY IF there was a MATERIAL change in any of the information you provided to IRCC before you did the landing.

However, even if you got the initial diagnosis of cancer after your PR visa was approved but before you landed, unless you specifically stated in the process of landing that you did not have any serious changes in your medical condition, or you otherwise made overt efforts to conceal the diagnosis, this discussion is probably still an aside, not worth much attention. Not likely to be a problem.

So, even assuming you got the initial diagnosis of cancer after your PR visa was approved but before you landed . . . if during the process of applying for PR you checked or said "no" in response to a question in the forms for applying, or in an interview with IRCC, asking if you had been diagnosed with cancer (I do not recall any such question in the process, at least not other than in response to questions asked by the doctor who did the medical exam, but that was a long time ago now), the diagnosis of cancer before landing would be a material change in circumstances obligating you to report that change to IRCC and to do so either before or during the process of landing. The failure to do so could be considered a misrepresentation by omission. That would be a problem . . . but only a problem if IRCC decides to prosecute it as such, either in admissibility proceedings based on misrepresentation, or to refer it to the Crown to prosecute criminally. Neither of which is likely. Some remote possibility of alleging misrepresentation in 44(1) proceedings but that is not likely.

Nothing to worry much at all about at this juncture. Unless you come to Canada to settle before failing to meet the RO, the real issue is the prospect of being deemed inadmissible for a breach of the RO.

You can probably ignore the rest of this.



This is a huge overstatement. Or, to put it plainly, it is not accurate. No, after being approved and issued a PR visa there is no need for the OP to have notified IRCC if they had a cold, sore throat, broke an arm or leg, had dental surgery, gained weight, even a lot of weight, or any one of scores and scores of other possible changes in a person's health.

What serious medical conditions should be reported? I do not recall, and besides I went through the process too long ago for my experience to be much guidance, just what medical questions were asked in the PR visa application forms. I do not know what medical questions the OP answered in the application forms themselves or in any interview. So I do not know if a later diagnosis of cancer is overtly contrary to information the OP gave in the application, a diagnosis that would require notification to IRCC.

I am absolutely certain, however, that there is no obligation to notify IRCC of just "any changes" in health.

I am not so certain about a diagnosis that changes specific information given to the doctor conducting the medical examination, but I have not seen any misrepresentation cases based on a failure to notify IRCC of a subsequent change in the information that was given to the examining physician.

In fact, I have not seen any misrepresentation cases against PRs, after landing, based on the failure to notify IRCC of a change in health, even a serious change in health, that occurs after the visa is approved but before landing.

Meanwhile, medical diagnoses are not like being arrested and charged with a crime. The failure to notify IRCC of a criminal charge, such that would make the individual inadmissible for criminality, is more clearly a misrepresentation by omission (and it would be an overt misrepresentation if asked during the landing process whether there have been any criminal charges). Sure, if in the application forms the applicant is asked specifically whether they have been diagnosed with cancer, then a failure to notify IRCC of such a diagnosis before landing will technically constitute a misrepresentation by omission, even though so far as I can discern there is no more than a remote chance that IRCC would pursue a PR for misrepresentation based on this.

Moreover, I am skeptical that once the PR visa is issued the individual needs to notify IRCC of even major or serious medical conditions that develop in the meantime UNLESS it is a medical condition that poses a danger to public health, like a serious contagious disease. The law regarding medical screening prescribes the need for a "medical certificate" certifying the individual does not have a medical condition that would pose an "excessive demand on health or social services," or which pose a danger to public health. Once that certificate is issued I do not believe that individuals need to self-monitor their health care to make a determination if changes in their health are such as to constitute a change that might pose an excessive demand on health or social services, or pose a danger to public health . . . so long as they are honestly answering questions they are asked and not actively trying to conceal a medical condition.
Agree that I should have specified significant changes to your health. For most parts of your file you are required to report any changes especially those that would impact the processing of your file like relationship status, changes in dependents, criminal charges, significant changes to your health, etc. before landing. Whether anything would happen or result in a change to the application and approval depends on the actual situation.
 
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YVR123

VIP Member
Jul 27, 2017
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If YOU read the OP's original post, you should see that you are mistaken:

My cancer diagnosis occurred after I was granted PR, and I chose to stay in my current country for treatment rather than relocate to Canada and rely on the healthcare system there.
If you read OP's previous posts, looks like OP got PPR in Jan 2022, if the PR card expires in Aug, then OP likely didn't land right after but instead did soft landing later (guessing by the PR card expiry date).

But this is assumption from reading her post. Most people thinks they "got their PR" on the PPR or COPR copy received date. But instead, people do not become PR until they land (soft landing, landing by arriving in Canada and staying or eCOPR). We will see if OP come back to confirm.

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