Minister Delegate and 1 yr PR CARD

[canuck78]

I’m currently out of Canada. 1 yr pr card expiring soon. I have a 6 month old baby. Just trying to figure out how to travel with her and if it’s a high risk because of covid. Want to come to apply for 1 yr card renewal. My baby is a canadian citizen

Did you have your child in Canada? Did both you and your child meet the residency requirement to receive healthcare coverage or did you both pay for your care?

Assume your child has travel documents. Not staying in Canada was not the recommended strategy. You should have been establishing your life in Canada to show you value your PR. If you are able to book a flight you should return to Canada as soon as possible and remain in Canada and find employment.

 

[SamSh]

Yes i had my child in canada. We both had public health covered.
my husband does not have a visa or pr so he’s unable to enter canada. I had the baby without him. That’s why it is a difficult decision to make to live in Canada without my husband for an indefinite period till my case is resolved

 

[canuck78]

Yes i had my child in canada. We both had public health covered.
my husband does not have a visa or pr so he’s unable to enter canada. I had the baby without him. That’s why it is a difficult decision to make to live in Canada without my husband for an indefinite period till my case is resolved

How long did you spend in Canada and in what province? What about your child? You can still be asked to repay all your healthcare costs if you didn’t meet the residency obligation to qualify for healthcare. Depending on the province you and your child would need to stay in Canada in between 6-12 months. The system is set up so people who pay taxes have access to healthcare.

 

[SamSh]

I spent 6 months ms in Ontario

 

[canuck78]

I spent 6 months ms in Ontario

If your child did not spend 6 months he/she did not qualify for healthcare and you can be asked to repay all medical expenses related to his/her care.

 

[gta88]

@dpenabill
Hi, I have a friend who is in breach of RO purely due to his medical reasons. His family lives with him in Malaysia. After coming to Canada, he hardly stayed in Canada and left for Malaysia but eventually due to his medical issues, the medical treatment kept him tied to Malaysia for longer than anticipated. And then COVID started. My question is should he carry all the medical documents while travelling to Canada so that the POE officer can consider the medical evidence IF at all he is investigated ? I am aware that POE officers may not even say anything and he can enter and sit tight for a period long enough to make him eligible to apply for his new PR Card by meeting the RO and not leaving the country again before that.

On the other hand hand, what if a section 44 report is being issued , is appealing at IAD the only option in that case? And is it reasonable to assume that section 44 report + IAD application + IAD date+ decision may take more than ~1 to 2 years easily ?

P.S. :
1)His PR Card is still valid so taking a flight to Canada is not an issue at this stage. But he needs to travel ASAP.
2) His family members have never been to Canada and there are no H&C factors or BIOC factors related to a child in Canada. So his medical issue is his only defence.

 

[dpenabill]

@dpenabill
Hi, I have a friend who is in breach of RO purely due to his medical reasons. His family lives with him in Malaysia. After coming to Canada, he hardly stayed in Canada and left for Malaysia but eventually due to his medical issues, the medical treatment kept him tied to Malaysia for longer than anticipated. And then COVID started. My question is should he carry all the medical documents while travelling to Canada so that the POE officer can consider the medical evidence IF at all he is investigated ? I am aware that POE officers may not even say anything and he can enter and sit tight for a period long enough to make him eligible to apply for his new PR Card by meeting the RO and not leaving the country again before that.

On the other hand hand, what if a section 44 report is being issued , is appealing at IAD the only option in that case? And is it reasonable to assume that section 44 report + IAD application + IAD date+ decision may take more than ~1 to 2 years easily ?

P.S. :
1)His PR Card is still valid so taking a flight to Canada is not an issue at this stage. But he needs to travel ASAP.
2) His family members have never been to Canada and there are no H&C factors or BIOC factors related to a child in Canada. So his medical issue is his only defence.

I cannot offer advice. I am NOT an expert.

We do not know to what extent Port-of-Entry (PoE) officials are strictly screening and enforcing the Residency Obligation these days. Because of Covid it is at least apparent that there has been some relaxation of enforcement . . . but we have very little information that will illuminate the scope of leniency. Almost nothing that will illuminate what will happen for a particular individual.

An excellent overview was recently posted by @armoured here: https://www.canadavisa.com/canada-immigration-discussion-board/threads/out-of-canada-for-more-than-3-years-wants-to-return-wont-able-to-meet-ro.733740/#post-9437127

The somewhat short version: To find out he will need to make the investment in coming here. The sooner he comes the better his chances. Good idea to be prepared to explain his story. Should not hurt to have SOME documentation to support the medical issues part of the story, since after all he can carry those and depending on the exchange during the PoE examination decide whether to present them, if that seems appropriate at the time. If issued a 44(1) Report and Removal Order, he can appeal and stay in Canada pending the appeal. Timeline for appeal is also difficult to forecast, and even though it seems it will take around a year or more, some IAD decisions have come in less time than that . . . in contrast, for now and awhile to come, timelines in IRCC processing, including IAD, are especially difficult to forecast in the wake of Covid.

 

[armoured]

The only things I have to add to this specific query are:

-the statement "purely due to medical reasons and then covid" sounds quite clear but there's room for a lot of different details and interpretations there. There's also not much info here about the extent of the non-compliance. So it could be a clear-cut case - or not at all. Will only be determined at border.

-I'd draw particular attention to "His family lives with him in Malaysia...". Not because it will play much of a role in the examination and determination at the border (don't know). But because entering out of compliance would likely mean substantial limitations on travel until back in compliance - and also on sponsoring family (if they have no status in Canada). We don't have the details here so won't speculate, just noting that for many those limitations might be unbearable - at any rate, worth taking into consideration when making decisions about how to proceed.

 

[gta88]

Thank you @armoured and @dpenabill
To add to the details, his deadline to enter Canada was in November 2020.
Wife is planning to come to Canada as a student. or he could go the sponsorship route. But he would have to wait for the time period until he becomes eligible to apply for a new PR CARD as his eligibility will be checked during sponsorship.

I agree that the sooner he takes a flight, the better.

 

[canuck78]

@dpenabill
Hi, I have a friend who is in breach of RO purely due to his medical reasons. His family lives with him in Malaysia. After coming to Canada, he hardly stayed in Canada and left for Malaysia but eventually due to his medical issues, the medical treatment kept him tied to Malaysia for longer than anticipated. And then COVID started. My question is should he carry all the medical documents while travelling to Canada so that the POE officer can consider the medical evidence IF at all he is investigated ? I am aware that POE officers may not even say anything and he can enter and sit tight for a period long enough to make him eligible to apply for his new PR Card by meeting the RO and not leaving the country again before that.

On the other hand hand, what if a section 44 report is being issued , is appealing at IAD the only option in that case? And is it reasonable to assume that section 44 report + IAD application + IAD date+ decision may take more than ~1 to 2 years easily ?

P.S. :
1)His PR Card is still valid so taking a flight to Canada is not an issue at this stage. But he needs to travel ASAP.
2) His family members have never been to Canada and there are no H&C factors or BIOC factors related to a child in Canada. So his medical issue is his only defence.

He will need to show why he needed to remain in Malaysia given he had access to medical care in Canada. Things like records of hospital admission/treatment hospital records, medical record showing the progress of his disease and treatment and why he couldn't work and needed to live with family to support his medical needs. If this was a preexisting condition I assume this was declared during his medical when applying for PR.

 

[SamSh]

Hello.
Is there an update on your case? Did you hear from the minister? I received an email asking for my details so they could finally make a decision after 4 years but again it's been 3 months and no decision.
I would like to know how you renew your 1 yr PR card. Do you use the same application package as a regular PR card renewal? I am currently in Canada and have 2 citizen children.

Thanks for the reply

Just called the call centre...they said my card is sent for pick up and I will receive a letter. They also confirmed it's a 1 year PR Card.
Don't know how long this thing goes on...

 

[armoured]

Hello.
Is there an update on your case? Did you hear from the minister? I received an email asking for my details so they could finally make a decision after 4 years but again it's been 3 months and no decision.
I would like to know how you renew your 1 yr PR card. Do you use the same application package as a regular PR card renewal? I am currently in Canada and have 2 citizen children.

The last time you posted was over three years ago. While it's difficult for others to say, more feedback might be possible if you gave a bit more information (even a quick summary). Important, for example, would be how you last entered, if anything happened at the port of entry, and how long you've now been in Canada continuously. Also if you could summarize what information/'details' they requested of you when they wrote, and when that was.

 

[SamSh]

I had an expired PR card from 2020. I entered via land border at rainbow bridge from the US in june 2023. I had my daughter (canadian citizen) with me. they did not ask me much except what my plans were and how long i was away from canada. i told them 3.5 years. then i delivered my second child in canada in september. a week later received an email that the minister's delegate will make a decision now for the report that was issued in 2019. asked me to send any documents i thought would help regarding where i had been in the past 5 years, in canada or outside and any ties to Canada. It's been 3.5 months to that also, they haven't gotten back to me.I have been in canada now for the past 7 months

The last time you posted was over three years ago. While it's difficult for others to say, more feedback might be possible if you gave a bit more information (even a quick summary). Important, for example, would be how you last entered, if anything happened at the port of entry, and how long you've now been in Canada continuously. Also if you could summarize what information/'details' they requested of you when they wrote, and when that was.

 

[armoured]

I had an expired PR card from 2020. I entered via land border at rainbow bridge from the US in june 2023. I had my daughter (canadian citizen) with me. they did not ask me much except what my plans were and how long i was away from canada. i told them 3.5 years. then i delivered my second child in canada in september. a week later received an email that the minister's delegate will make a decision now for the report that was issued in 2019. asked me to send any documents i thought would help regarding where i had been in the past 5 years, in canada or outside and any ties to Canada. It's been 3.5 months to that also, they haven't gotten back to me.I have been in canada now for the past 7 months

In the last five years - i.e. from beginning or 15th of January 2019 to today - how many days in Canada?

When you replied, or even applied originally, what were the H&C reasons (in brief), i.e. why were you out of compliance then?

 

[dpenabill]

@MUSTAFACAN
Is there an update on your case? Did you hear from the minister? I received an email asking for my details so they could finally make a decision after 4 years but again it's been 3 months and no decision.
I would like to know how you renew your 1 yr PR card. Do you use the same application package as a regular PR card renewal? I am currently in Canada and have 2 citizen children.

@axelfoley
Did you hear anything after your 44(1) was issued? It’s been 4.5 years for me. Also, how do you renew this temporary PR card? What’s the procedure? Because the regular PR card renewal application will ask for days spent in Canada etc.

OVERALL:

The answer to the specific questions asked, "how do you renew this temporary PR card?" and "Do you use the same application package as a regular PR card renewal?" is essentially yes, use the application for a PR card, which is IMM 5444, and the corresponding checklist IMM 5644, to make the application. Be sure to COMPLETELY and ACCURATELY respond to all questions. Based on that information PLUS all the other information available to IRCC:

(1) IRCC will determine whether you are still a Permanent Resident, and if you are still a PR, then​

(2) IRCC will decide whether to issue a five year PR card or another one-year PR card.​

The latter appears to be the likely outcome, but as @armoured notes the scarcity of detail regarding your situation makes it difficult to offer much comment about your case. Moreover, there could be a lengthy processing timeline for being issued a new card, including a one-year PR card. IRCC might proceed to finalize the inadmissibility hearing before deciding to issue a new PR card.

In particular, apparently your situation involves an unresolved inadmissibility report. This happens, BUT it is unusual. Moreover, when it does happen, the Minister's Delegate review of the 44(1) Inadmissibility Report for a breach of the RO ordinarily still gets done within weeks or a few months after the report was prepared. Situations in which YEARS go by without the MD's review, such as has been reported in this forum by @MUSTAFACAN, are especially uncommon. These kinds of cases are very much driven by the specific circumstances in the individual case. There is little, very little about the outcome reported by @MUSTAFACAN, that illuminates much at all about what is likely to happen in your case; at best it simply illustrates one possible outcome.

If you can afford it, it would be a good idea to obtain the services of a reputable immigration lawyer to help you going forward.

I . . . received an email that the minister's delegate will make a decision now for the report that was issued in 2019. asked me to send any documents i thought would help regarding where i had been in the past 5 years, in canada or outside and any ties to Canada. It's been 3.5 months to that also, they haven't gotten back to me.I have been in canada now for the past 7 months

Some Further Observations:

It is not clear if you are interested in observations beyond answering the questions about applying for a new PR card (whether one expects only a one-year or a five-year card).

BUT . . . if you are interested . . . some further observations . . .

It does not appear that you are in "the same boat" as @MUSTAFACAN, as you posted just about three years ago, but rather in a leaky, significantly less seaworthy one. Extent of respective presence in Canada, in particular, is way different, and that is something that can make a big difference in how things go.

Also note, in particular, that the posts you quote are MANY years old. The situation discussed by @axelfoley is even far more different from yours (it involved an appeal following a Removal Order) in addition to taking place nearly eight years ago. While there have been subsequent updates to the situation discussed by @MUSTAFACAN, as noted that situation is at the least very uncommon, and what happens in these kinds of cases will vary a great deal depending on the specific circumstances in the particular individual's case.

It is probably best, if you want to save your PR status, to NOT LEAVE Canada while things are still pending.

Be aware that the fact your children are Canadian citizens does NOT guarantee you will be allowed to keep your PR status. While their best interests are a big factor, that is generally based on personal circumstances without considering whether Canada is in general a better place for them. For example, for the child who has been living outside Canada, that might tip the scales in the direction that child's best interests are met even if you lose PR status and the child will be relocated outside Canada.

As noted before, it would be a good idea to obtain the assistance of a good lawyer. If you are staying here in Canada, you could ride this out to see what a Minister's Delegate decides, and put off making a decision about hiring a lawyer until then. If a Removal Order is issued, and you want to stay, to keep PR status, you could then hire a lawyer to assist you in your appeal.

EDIT to ADD: Be sure to timely and appropriately respond to ALL requests from IRCC, and to make sure IRCC has valid contact information for you.