PR Card Expired... need to go out of canada.

[AJP]

Hello friends,
My PR card expired on 05 dec 2017 while i am in Canada. I applied for its renewal on 05 dec and the case hasbeen delivered at the case processing centre. I along with my daughter dont meet the residency obligations of 730 days of physical presence but my wife meets these obligations. (They both are also in canada). The renewal case of my wife and daughter were sent to CPC on 24 Nov. I had to be out of canada to be alongside my mother in india who doesnt keeps good health. While applying for my renewal case, I had attached a certificate from my family doctor back in india wherein it was mentioned that I had to stay along with my mother in india on doctors advice. We applied for my moms visitor visa to canada which has been granted and we booked her flight to canada on April 19 2018. Now again my mom is not well back in india and i need to go to see her. I am planning to leave around 31st January and probably will come back with my mom on 19 april. My wife and daughter will be staying here in canada.
Please guide me that what shall i do so that I may not be denied entry to canada.
Thanks.

 

[Buletruck]

You won't be denied entry to Canada if you can make it to a point of entry. As a PR, you are guaranteed entry once your status is identified. You will need a PRTD to board a plane directly to Canada as you don't have a PR card. You will need to apply for one in India and you will need to state your H&C reasons to have a chance at getting one. You should assume, in all likelihood, your PR card will be referred to secondary and an investigation into your PR status will be done. Whether they accept your H&C reasons is difficult to say. It would have been better not to leave Canada during the processing, as it shows limited intention to remain in Canada, but obviously, you feel that can't be avoided. Cross that bridge when it happens. If they deny your PRTD, you will either need to wait to return until your PR card is processed (assuming all goes well) or return through a land boarder with the US.
You should ensure you have medical insurance for your mother when she comes to Canada. If she is ill here, she will have to pay medical costs out of pocket as she won't be covered by health care.

 

[canuck78]

There are quite a few problems that you are going to have to deal with. You shouldn't have sent you and your daughter's PR cards for renewal if you didn't meet the RO. If you go back to India you will not be able to return to Canada until you are able to secure a PRTD on H&C grounds which can take a long time. There is a chance that it may be refused. If you are able to bring your mother to Canada (unlikely to get your PRTD by then) you need to plan for her medical care. As a visitor you will have to pay for any health care costs in Canada. I would purchase health insurance but make sure to find out what is actually covered given her preexisting conditions. If she is so sick a frail is it really a good idea for her to come to Canada as a visitor? She will likely have to return in 6 months or less.

 

[AJP]

Thanks friends..
From the above guidance i have following submissions :
1) H & C means Humanitarian and compassionate reasons !!!
2) I am in canada and have not left. I am trying my level best to arrange for someone to take care of mom until i hear from immigration dept about my renewal. If it is not renewed what could be the repercussions ?
3) Although i am in canada and have sent the case of renewal, is there any chance that i along with my daughter can be removed or deported from canada ?
4) As i submitted earlier, my wife clears the obligatory period and can my daughters Case be processed keeping her mothers case in view ? Because i sent my daughters case for renewal only on this base. She is a regular student of grade 10 and also passed her grade 9 from here.
5) I have already asked for quotes from insurance companies stating all pre existing conditions of my mom and i will buy health insurance at any cost if mom gets well and comes to us. I plan that if my mom comes and stays even two months with us here then my wife can go and stay with her back in india provided her card is renewed. Will it be a safe option ?

Thanks

 

[Buletruck]

1. Yes
2. If they find you didn't meet RO, they can start the process to revoke your PR status. You do have the option to appeal if they do. It will depend on the outcome of #1. If sent to secondary, that process can (and often does) take significantly longer (not uncommon for it to take over a year).
3. It would take a while to get to the point where you would be deported. Only if you are reported, loose the appeal and judicial review (if you go that far). Worry about that when it happens.
4. PR status is assessed individually.
5. Remember insurance coverage is usually only for emergencies. Review that before you sign up. Anything deemed other than an emergency will still be out of pocket. I believe there are some higher cost coverage's that might offer more, but don't know for sure. Health care here can be very pricey if you don't have health care.

The big concern (IMO) is your leaving without a PR card. If they deny you a PRTD and send your PR card to secondary, you could be looking at over a year before you could return (unless you travel via the US), making your H&C claim and RO difficult, at best.

 

[canuck_in_uk]

Thanks friends..
From the above guidance i have following submissions :
1) H & C means Humanitarian and compassionate reasons !!!
2) I am in canada and have not left. I am trying my level best to arrange for someone to take care of mom until i hear from immigration dept about my renewal. If it is not renewed what could be the repercussions ?
3) Although i am in canada and have sent the case of renewal, is there any chance that i along with my daughter can be removed or deported from canada ?
4) As i submitted earlier, my wife clears the obligatory period and can my daughters Case be processed keeping her mothers case in view ? Because i sent my daughters case for renewal only on this base. She is a regular student of grade 10 and also passed her grade 9 from here.
5) I have already asked for quotes from insurance companies stating all pre existing conditions of my mom and i will buy health insurance at any cost if mom gets well and comes to us. I plan that if my mom comes and stays even two months with us here then my wife can go and stay with her back in india provided her card is renewed. Will it be a safe option ?

Thanks

You should withdraw your daughter's renewal application ASAP and submit it only when she once again meets the RO. It doesn't matter that her mother meets the RO.

 

[AJP]

You should withdraw your daughter's renewal application ASAP and submit it only when she once again meets the RO. It doesn't matter that her mother meets the RO.

What is the method to withdraw the renewal application as it has alreadybeen delivered over there ?
Can i also withdraw my application and submit only when i meet the RO ?
I will arrange for someone to be with my mom.. like my sister or a nann

 

[Buletruck]

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=719&top=4

 

[AJP]

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=719&top=4

And what should be the reason for withdrawal of applications!
Further when we file for renewal after fulfilling the RO.. will these previous applications create any hurdles?
Thanks

 

[AJP]

Furthermore the case of my daughter and my wife was sent in a single envelope. Will they send the papers of both mom and daughter back if we withdraw the application
Thanks.

 

[canuck_in_uk]

And what should be the reason for withdrawal of applications!
Further when we file for renewal after fulfilling the RO.. will these previous applications create any hurdles?
Thanks

You can give whatever reason you want.

As long as you actually meet the RO when you re-apply, it should be fine; it may be sent for secondary review, especially if you apply with little buffer time.

 

[canuck_in_uk]

Furthermore the case of my daughter and my wife was sent in a single envelope. Will they send the papers of both mom and daughter back if we withdraw the application
Thanks.

You are only withdrawing your daughter's app. Doesn't matter if they were in the same envelope.

 

[AJP]

So from the above discussion and valuable guidance i conclude :
1) I should withdraw mine and my daughters application of renewal asap and resend them only when we both meet RO with a buffer time.

2) I should not leave canada until i meet the RO and my case for renewal is approved and i get the renewed PR card although it may take as much of time.

3) My wives case will be evaluated as an individual and it has nothing to do with mine or my daughters applications.

4) I must take health insurance plan for my mom if and when she comes as a visitor ( Although her ticket has been purchased).

Thanks.

 

[AJP]

I was reminded of another point just now. As my daughter is a minor, 15 and a half years old, can her case be assessed with her parent means mom
Thanks

 

[canuck78]

Glad you asked when you did.Think you have a good chace at being able to withdraw both applications. Good luck!