RO Obligation for parents

[NNN123451]

Hello,

My parents got PR in 2014 , one of the parent only stayed for 15 days during 5 years but their PR card is expiring in June2019, they want to come now before June , would they be questioned and would they still be allowed to enter in canada? Please help me to answer this as they are coming after 2 days. You guys are being such a support always! Please give any tips.

 

[canuck78]

Yes they could be questionned and reported for not meeting their RO. If reported you will have a chance to appeal the decision. The whole process could lead to loss of PR status. Are both your parents not compliant with their RO.

 

[NNN123451]

Yes they could be questionned and reported for not meeting their RO. If reported you will have a chance to appeal the decision. The whole process could lead to loss of PR status. Are both your parents not compliant with their RO.

Yaa they both are not meeting RO but I just hope they are allowed to enter in Canada.

 

[NNN123451]

Yes they could be questionned and reported for not meeting their RO. If reported you will have a chance to appeal the decision. The whole process could lead to loss of PR status. Are both your parents not compliant with their RO.

Also , suppose after appeal they lost the status, then can we reapply them ?

 

[k.h.p.]

Yaa they both are not meeting RO but I just hope they are allowed to enter in Canada.

Why did they get PR and then effectively abandon it after two weeks? This will be the question you need to answer.

 

[NNN123451]

Why did they get PR and then effectively abandon it after two weeks? This will be the question you need to answer.

Due to my dad was close to retirement.

 

[k.h.p.]

Due to my dad was close to retirement.

So he wanted to retire in his home country, and not the one he'd just spent considerable time and money in applying to be a permanent resident?

The residency obligation is a serious one, it is an attempt to prevent people from applying for PR like they collect library cards or credit cards. If your parents are called on missing their RO, they will need to have a clear, convincing, and pressing reason why they missed it. If their PR is revoked because of missing the RO, and they re-apply, you'll need to find a way to explain why they mean it this time and they didn't last time.

 

[canuck78]

Unfortunately needing to work until retirement age isn't an H&C reason. Will always wonder why people apply for PR when they don't plan on moving for 4-5 years.

 

[k.h.p.]

Unfortunately needing to work until retirement age isn't an H&C reason. Will always wonder why people apply for PR when they don't plan on moving for 4-5 years.

Me too. It makes the application process harder for everyone else.

 

[zardoz]

Also , suppose after appeal they lost the status, then can we reapply them ?

Yes, subject to the provisions of the PGP application eligibility at that time.
Their previous PR status will provide no shortcuts or advantages. They would start the process from the very beginning again.

 

[backendcode]

At POE, The CBSA officer must first determine if the person has fulfilled the residency obligation (A28). Once the officer has established that the person does not meet the residency obligation, the officer allows the person the opportunity to make submissions on humanitarian and compassionate considerations, which may lead the officer to determine that the person remains a permanent resident despite non-compliance with the residency obligation.
If the person declines to produce any evidence of compliance, if the person does not wish to make submissions on humanitarian and compassionate grounds at the time of the examination, or if the person’s submissions are not sufficient to overcome the officer’s decision that the person has not fulfilled the residency obligation, then the officer may allow the person to sign a voluntary relinquishment (IMM 5538B Form) and allow a person to enter into Canada as temporary resident.

Once they enter into Canada, they will have 30 days to withdraw the declaration on voluntary relinquishment (IMM5538B), a departure order may be issued and they would have a right to appeal that order. (THEY WILL HAVE 30 DAYS TO APPEAL AT IAD (Immigration appeal division and new evidence can be submitted to support the appeal based on H & C)

Regards,

 

[NNN123451]

At POE, The CBSA officer must first determine if the person has fulfilled the residency obligation (A28). Once the officer has established that the person does not meet the residency obligation, the officer allows the person the opportunity to make submissions on humanitarian and compassionate considerations, which may lead the officer to determine that the person remains a permanent resident despite non-compliance with the residency obligation.
If the person declines to produce any evidence of compliance, if the person does not wish to make submissions on humanitarian and compassionate grounds at the time of the examination, or if the person’s submissions are not sufficient to overcome the officer’s decision that the person has not fulfilled the residency obligation, then the officer may allow the person to sign a voluntary relinquishment (IMM 5538B Form) and allow a person to enter into Canada as temporary resident.

Once they enter into Canada, they will have 30 days to withdraw the declaration on voluntary relinquishment (IMM5538B), a departure order may be issued and they would have a right to appeal that order. (THEY WILL HAVE 30 DAYS TO APPEAL AT IAD (Immigration appeal division and new evidence can be submitted to support the appeal based on H & C)

Regards,

Suppose they have to sign voluntary relinquishment, can they stay for couple of months and then leave or they will just have 30 days to stay in the country? I dont want them to get departure order as it could impact in future.

 

[canuck78]

Would depend on CBSA. If you renounce on the spot they may be willing to give them visitor status for a specified amount of time. Really hard to say.

 

[backendcode]

Suppose they have to sign voluntary relinquishment, can they stay for couple of months and then leave or they will just have 30 days to stay in the country? I dont want them to get departure order as it could impact in future.

As you said, one of the parents only stayed for 15 days, how about the significant other? did he/she fulfill the residency obligation? if yes, they have more chances on humanitarian and compassionate considerations based on family ties in Canada. Do you live in Canada as well? if yes, another point to be considered for an officer.

How's their command on the English language? if they are not fluent, request for interpreter and request for H & C and give these evidence during the examination.

Suppose they have to sign voluntary relinquishment and get the temporary residency status, they should appeal at IAD (Personally recommended)and departure order won't effect on their future immigration application.
When departure order issued against someone, they have 30 days to leave the country and report at an airport to CBSA during departure, if they won't report at an airport or don't leave the country in 30 days, departure order becomes deportation order, then its a big issue for their future immigration applications.

Thanks,

 

[NNN123451]

As you said, one of the parents only stayed for 15 days, how about the significant other? did he/she fulfill the residency obligation? if yes, they have more chances on humanitarian and compassionate considerations based on family ties in Canada. Do you live in Canada as well? if yes, another point to be considered for an officer.

How's their command on the English language? if they are not fluent, request for interpreter and request for H & C and give these evidence during the examination.

Suppose they have to sign voluntary relinquishment and get the temporary residency status, they should appeal at IAD (Personally recommended)and departure order won't effect on their future immigration application.
When departure order issued against someone, they have 30 days to leave the country and report at an airport to CBSA during departure, if they won't report at an airport or don't leave the country in 30 days, departure order becomes deportation order, then its a big issue for their future immigration applications.

Thanks,

Yes I with my family are canadian citizens and my brother too lives here from 8 years now, and there is no other sibling in India. Their English is not fluent. Other parent only stayed for 8 months in these 5 years.