HELLO, WE ARE 5 MEMBERS OF A FAMILY, MY SPOUSE AND THREE CHILDREN, ONE OF WHOM WAS BORN IN CANADA, AND IS A CANADIAN CITIZEN. WE ARE LIVING IN INDIA. OUR PR CARD IS VALID UPTO APRIL 2028, CAN WE ENTER CANADA IMMEDIATELY BEFORE THE EXPIRY OF PR CARD AND AFTER ENTERING CAN WE RENEW PR CARD EASILY, BECAUSE MY FATHER IS A WIDOWER AND WE HAVE TO TAKE CARE OF HIM. PLEASE GIVE ME THE BEST ADVICE. I WILL BE HIGHLY THANKFUL TO YOU FOR THIS.
Residency Obligation 730 days
- Thread starter harjindercan33
- Start date
You can only do both things easily if you meet the residency requirements and have lived in Canada for at least 2 years in the last five years when you return to Canada.
If you do not meet the residency requirements, then you may face issues at the border and be reported for failing to meet the residency requirements. If this happens, they will still allow you to enter Canada but you will have to appeal the loss of your PR status. If you are able to enter Canada without being reported, you will want to remain in Canada without leaving for two years until you meet the residency requirement and only then apply to renew your PR cards.
Assuming you mean you've been in India already for a while (eg since before March-April 2025) and you remain until 2028 (more than 1095 days total looking back from day you arrive), you'll be out of compliance and risking PR status for the whole family.
You may want to consider looking at other care plans or arrangements for your father. Long-term it may not be compatible with remaining PRs.
If we enter without reporting, can we live in Canada without a valid PR CARD for 2 years to renew our PR? During this period, can we work and study, or not, and how can we show our residence status to, i.e., an employer or a study institute
You would want to enter a few months before your PR cards expire to make sure you can get everything in place while your cards are still valid. But yes, you will be able to live in Canada for two years while you wait to meet the residency obligation.
During this period, can we work and study, or not, and how can we show our residence status to, i.e., an employer or a study institute
Whether your PR card is valid or not, you have the right to work. You provide your employer the SIN. Since when you arrive your PR card will still be valid, no issue.
When you arrive with your still-valid, you should get health cards and driver's licences (or provincial photo-card for non-drivers) immediately. Your PR card is still active at that point.
Study: not an issue for most schools. For colleges and universities, they usually need to see some evidence, and a PR card is the best - they /may/ (should IMO) accept a recently-expired PR card, but their offices are not immigration experts and they may need convincing.
Better solution: return to Canada as soon as possible - returning a year earlier than the PR card expiry will make your lives much easier.
Realistically until you have a longterm care plan for your father I’m not sure how you will remain in Canada. Realistically you need to determine what is your main priority. If it is remaining with your father then your PR could be at risk. You say he is a widower but is he ill? Is he physically unable to do basic tasks like dress and shower? If that is the case you should be saving all documentation surrounding his health in case you need to prove H&C reasons.
You may apply super visa for your father and travel together to Canada. check eligibility.
This way you can take care of your father and keep PR.
This way you can take care of your father and keep PR.
Super visa requires the sponsor to show income from Canadian sources. Doubtful the OP would qualify.
Good point. There are income requirements, but I didn't know they should be Canadian source.
Income needs to be from Canadian sources. Additionally the sponsor needs to be living in Canada. So the OP would fail to meet two requirements to qualify.
If a Canadian citizen left Canada lets say, 12 years ago. They moved permanately, never to return. They had no assets in Canada, they moved to the USA to live and work and became a US resident.
They have no back taxes owing in Canada. They filed a final return, but no returns after that.
but.......we cannot remember if we filled out the 'departure date' section of the final return?
we need this person to be a 'non resident for tax purposes', because when they get CPP and OAS, they only need to file and pay taxes on that in the USA, because of the Canada/US totalization tax agreement.
1. How can we find out their residency status?
2. If their status is 'Not' non resident for tax purposes, how can we change their status at the CRA? form NR73?
3. Are they in trouble for never filing a return after their departure date if they never had any more income?
4. were they required to file Canadian returns in those years away from Canada if they had no income?
thanks
They have no back taxes owing in Canada. They filed a final return, but no returns after that.
but.......we cannot remember if we filled out the 'departure date' section of the final return?
we need this person to be a 'non resident for tax purposes', because when they get CPP and OAS, they only need to file and pay taxes on that in the USA, because of the Canada/US totalization tax agreement.
1. How can we find out their residency status?
2. If their status is 'Not' non resident for tax purposes, how can we change their status at the CRA? form NR73?
3. Are they in trouble for never filing a return after their departure date if they never had any more income?
4. were they required to file Canadian returns in those years away from Canada if they had no income?
thanks
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Contact CRA to answer these questions. Very unlikely to be a big deal if you have not received payments from Canada after you left Canada. CRA has bigger issues than the large volume of people who don’t inform CRA they have left Canada. Given the details you listed you appear to have been a non-resident for tax purposes in the year or year after you left so you would not have been required to submit tax returns for those years.