PR Card expired residing outside canada during Covid LOCKDOWN in canada and India

[Mashkeen]

Hello, My husband’s and mother in law’s PR card expired on 23 March 2020 when both India and Canada were locked down. I tried to contact embassy but no response. What can be done now as resident obligation for renewing PR has not yet been met. We planned to go
to canada in dec 2019 but my mother in law’s health was not good and she has been hospitalised every month from oct 2019 to march 2020. Also when their PR expired she was hospitalised.
Now my PR is valid till March 2022 and i have a daughter who is Canadian citizen so please suggest what can be done so that my husband and mother in law can also go back to Canada. What is the fastest way.

 

[armoured]

Fastest way is to travel to USA and cross at a land border and make their cases on entry.

If they cannot through the USA (take into account also covid restrictions), they'll need to apply for PRTD and make strong humanitarian/compassionate grounds cases.

In absolute worst case, your husband could be sponsored again (after losing or renouncing PR status) if you are in compliance with residency requirement. Likely cannot count on that for mother in law.

 

[Kanedaa]

Fastest way is to travel to USA and cross at a land border and make their cases on entry.

If they cannot through the USA (take into account also covid restrictions), they'll need to apply for PRTD and make strong humanitarian/compassionate grounds cases.

In absolute worst case, your husband could be sponsored again (after losing or renouncing PR status) if you are in compliance with residency requirement. Likely cannot count on that for mother in law.

FYI, Land border is closed & US will not allow to enter without proper reason in the current situation.

PRTD should be applied via email, details are available on cic.gc.ca

 

[primaprime]

FYI, Land border is closed & US will not allow to enter without proper reason in the current situation.

PRTD should be applied via email, details are available on cic.gc.ca

The land border is open for PRs. However if they apply for a PRTD instead, OP should be prepared to prove why they couldn't return sooner due to hospitalization, etc.

 

[Mashkeen]

The land border is open for PRs. However if they apply for a PRTD instead, OP should be prepared to prove why they couldn't return sooner due to hospitalization, etc.

But since the PR residency obligation could not be met won’t there be a problem for issuance of PRTD?

 

[armoured]

But since the PR residency obligation could not be met won’t there be a problem for issuance of PRTD?

It could be a problem. This is why posters above referred to humanitarian and compassionate grounds and "why they couldn't return sooner." Suggest you read this page carefully:
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5529-applying-permanent-resident-travel-document.html

Particularly the section on Humanitarian and compassionate grounds.

Eg: "To assess your application on humanitarian and compassionate grounds, you must show that there were exceptional circumstances or factors beyond your control that have kept you living outside Canada.

Factors that might be acceptable are unusual and undeserved, or disproportionate hardships you would face if you lost your permanent resident status."

 

[canuck78]

Hello, My husband’s and mother in law’s PR card expired on 23 March 2020 when both India and Canada were locked down. I tried to contact embassy but no response. What can be done now as resident obligation for renewing PR has not yet been met. We planned to go
to canada in dec 2019 but my mother in law’s health was not good and she has been hospitalised every month from oct 2019 to march 2020. Also when their PR expired she was hospitalised.
Now my PR is valid till March 2022 and i have a daughter who is Canadian citizen so please suggest what can be done so that my husband and mother in law can also go back to Canada. What is the fastest way.

How many days has your MIL and husband spent in Canada in the 5 yeara from when the PR cars expired and the 5 years from now? That will impact your case dramatically.

 

[Mashkeen]

How many days has your MIL and husband spent in Canada in the 5 yeara from when the PR cars expired and the 5 years from now? That will impact your case dramatically.

My MIL has spent 380 days in past 5 years and husband have spent 350 days. So due to very unavoidable circumstances they could not go back to Canada. Initially it was our marriage and then there were continuous 2 deaths in our family which disturbed everything and then finally when we decided to come back before PR expires MIL started getting sick from Oct 2019 and was hospitalised every mont since then till March. Also she got hospitalized in august-sep 2020 due to some urgent surgery. But now we really wanted to go back.

 

[armoured]

My MIL has spent 380 days in past 5 years and husband have spent 350 days. So due to very unavoidable circumstances they could not go back to Canada. Initially it was our marriage and then there were continuous 2 deaths in our family which disturbed everything and then finally when we decided to come back before PR expires MIL started getting sick from Oct 2019 and was hospitalised every mont since then till March. Also she got hospitalized in august-sep 2020 due to some urgent surgery. But now we really wanted to go back.

This is going to be a very difficult case to make.

Look at it objectively: both have spent only about a year in Canada of the last five. Both would (if I've understood your numbers) have been out of compliance with residency obligation even at the date you say they planned to go back in fall of last year. I'm guessing that the time out of Canada was closer to the beginning of their landing, i.e. no recent indication that they 'live' in Canada in any meaningful sense.

They are going to have a very hard time making a credible case that they could not return to Canada to reside in time to meet RO due to circumstances beyond their control - for four whole years.

It's possible your husband could make a more credible case that spouse and daughter are in Canada and it would be a hardship on them for him to lose his PR status (but again - he's been away from them for most of the last four years). (Is the daughter a minor?)

So don't be too optimistic. Maybe there's a lot more to these cases and the specific circumstances than you've disclosed here. But just from basic numbers and dates, it doesn't sound like a compelling case.

Again note that if your husband's unsuccessful in getting PRTD, you can sponsor him anew.

 

[Mashkeen]

This is going to be a very difficult case to make.

Look at it objectively: both have spent only about a year in Canada of the last five. Both would (if I've understood your numbers) have been out of compliance with residency obligation even at the date you say they planned to go back in fall of last year. I'm guessing that the time out of Canada was closer to the beginning of their landing, i.e. no recent indication that they 'live' in Canada in any meaningful sense.

They are going to have a very hard time making a credible case that they could not return to Canada to reside in time to meet RO due to circumstances beyond their control - for four whole years.

It's possible your husband could make a more credible case that spouse and daughter are in Canada and it would be a hardship on them for him to lose his PR status (but again - he's been away from them for most of the last four years). (Is the daughter a minor?)

So don't be too optimistic. Maybe there's a lot more to these cases and the specific circumstances than you've disclosed here. But just from basic numbers and dates, it doesn't sound like a compelling case.

Again note that if your husband's unsuccessful in getting PRTD, you can sponsor him anew.

So would it be easier to apply for new PR for my husband? And MIL could be sponsored for supervisa by her daughter who is Canadian citizen from past 25 years and later we can apply her PR again?

 

[armoured]

So would it be easier to apply for new PR for my husband? And MIL could be sponsored for supervisa by her daughter who is Canadian citizen from past 25 years and later we can apply her PR again?

I don't know which would be easier; I'd look further into it as some advantages/disadvantages either way, including timeframes.

But those may be the only paths available if PRTDs are denied.

And sorry, I know very little about the supervisa approach and potential subsequent PR eligibility.

 

[Mashkeen]

I don't know which would be easier; I'd look further into it as some advantages/disadvantages either way, including timeframes.

But those may be the only paths available if PRTDs are denied.

And sorry, I know very little about the supervisa approach and potential subsequent PR eligibility.

I have one more question. I might go to Canada in next two months with my daughter who will be 2 years old in dec 2020. I did not apply for CCB earlier so should i apply it now or after going back to Canada?

 

[armoured]

I have one more question. I might go to Canada in next two months with my daughter who will be 2 years old in dec 2020. I did not apply for CCB earlier so should i apply it now or after going back to Canada?

Not an expert but believe you have to be tax resident in Canada.

 

[Mashkeen]

Not an expert but believe you have to be tax resident in Canada.

Oh okay. I was paying taxes in 2017 but later became unemployed and since then i am filing NIL return.

 

[armoured]

Oh okay. I was paying taxes in 2017 but later became unemployed and since then i am filing NIL return.

Please check elsewhere, I don't know much about CCB.

I dont' believe nil return is an issue (assuming you mean nil income), but the residency in Canada (tax and other) probably is, i don't know details.