PR Card Renewal H&C Ground... Need Help

[Muhammad Ansar Khan]

Dear Friends
i was immigrant in Canada on March 2016 (spouse/family sponsorship), since March 2016 till August 2021, out of 5 years and 5 months i lived only 75 days in Canada
we have 2 kids and both of them are Canadian born.
my PR Card expiry date was 20th August 2021 and i I came back to canada on 12th August 2021 (just before 8 days of expiry date), i came through US border because all international flights were closed due to covid, now since 12th august i am in canada
my PR card is expired and i have all other valid documents like Provincial ID Card, Health Card and Driving License as well
the reason was not living here because my father is seriously ill and on dialysis since last 7 years and i am the only son to take care of him, i have four sisters but all are married and i dont have any brother
now some lawyers are advising to apply PR card and after its denied then go for appeal on HnC ground, because i have valid reason of my father with all medical documents,
but some lawyers are advising to dont apply for PR card and live silently in canada for next 2 years do some job and pay your tax, after two years simply go for PR card renewal

but some lawyers are saying that for renewal of PR CARD you must apply within 9 months before or after expiry, after 9 month you cant apply for renewal and you will ultimately go for HnC ground at any cost, doesnt matter how many years you live

now i am confused what should i do ?
my father is also very ill and i want to meet him with my family in Pakistan, lawyers are also advising that you can leave canada and come back to canada via US border on private vehicle even on Expire PR card. but when i came last time via US border than immigration officer noticed and checked my passport and he put all information on system that i am coming after a long time just before expiry of PR card

can anybody guide me in detail what should i do ? i am really very fadeup and worried
Regards
Ansar

 

[canuck78]

Dear Friends
i was immigrant in Canada on March 2016 (spouse/family sponsorship), since March 2016 till August 2021, out of 5 years and 5 months i lived only 75 days in Canada
we have 2 kids and both of them are Canadian born.
my PR Card expiry date was 20th August 2021 and i I came back to canada on 12th August 2021 (just before 8 days of expiry date), i came through US border because all international flights were closed due to covid, now since 12th august i am in canada
my PR card is expired and i have all other valid documents like Provincial ID Card, Health Card and Driving License as well
the reason was not living here because my father is seriously ill and on dialysis since last 7 years and i am the only son to take care of him, i have four sisters but all are married and i dont have any brother
now some lawyers are advising to apply PR card and after its denied then go for appeal on HnC ground, because i have valid reason of my father with all medical documents,
but some lawyers are advising to dont apply for PR card and live silently in canada for next 2 years do some job and pay your tax, after two years simply go for PR card renewal

but some lawyers are saying that for renewal of PR CARD you must apply within 9 months before or after expiry, after 9 month you cant apply for renewal and you will ultimately go for HnC ground at any cost, doesnt matter how many years you live

now i am confused what should i do ?
my father is also very ill and i want to meet him with my family in Pakistan, lawyers are also advising that you can leave canada and come back to canada via US border on private vehicle even on Expire PR card. but when i came last time via US border than immigration officer noticed and checked my passport and he put all information on system that i am coming after a long time just before expiry of PR card

can anybody guide me in detail what should i do ? i am really very fadeup and worried
Regards
Ansar

Do you have other family members in Pakistan like sisters or your mother? Although culturally you may be the one who is supposed to take care of your father IRCC doesn’t care. If your sisters live nearby they could heLp your father. If you have been in Canada since August someone has been caring for him so he has options. If dialysis is the only treatment that is required he doesn’t need someone with him 24/7 and it is a chronic condition that existed before you got PR. Did your spouse sponsor you through family sponsorship? Did you ever move to Canada, find employment, rent/buy a home and live in it for months before August 2021, etc.? Did your wife move to Pakistan to be with you? Has she been working in Canada? Have you been working in Pakistan? Did you continue working the same job you had before sponsorship? Is she a Canadian citizen or PR? What province does she live in? If she went Pakistan to be with you how long did return to Canada when she had the children?

Need a better picture before answering your questions.

 

[steaky]

Dear Friends
i was immigrant in Canada on March 2016 (spouse/family sponsorship), since March 2016 till August 2021, out of 5 years and 5 months i lived only 75 days in Canada
we have 2 kids and both of them are Canadian born.
my PR Card expiry date was 20th August 2021 and i I came back to canada on 12th August 2021 (just before 8 days of expiry date), i came through US border because all international flights were closed due to covid, now since 12th august i am in canada
my PR card is expired and i have all other valid documents like Provincial ID Card, Health Card and Driving License as well
the reason was not living here because my father is seriously ill and on dialysis since last 7 years and i am the only son to take care of him, i have four sisters but all are married and i dont have any brother
now some lawyers are advising to apply PR card and after its denied then go for appeal on HnC ground, because i have valid reason of my father with all medical documents,
but some lawyers are advising to dont apply for PR card and live silently in canada for next 2 years do some job and pay your tax, after two years simply go for PR card renewal

but some lawyers are saying that for renewal of PR CARD you must apply within 9 months before or after expiry, after 9 month you cant apply for renewal and you will ultimately go for HnC ground at any cost, doesnt matter how many years you live

now i am confused what should i do ?
my father is also very ill and i want to meet him with my family in Pakistan, lawyers are also advising that you can leave canada and come back to canada via US border on private vehicle even on Expire PR card. but when i came last time via US border than immigration officer noticed and checked my passport and he put all information on system that i am coming after a long time just before expiry of PR card

can anybody guide me in detail what should i do ? i am really very fadeup and worried
Regards
Ansar

Why your sisters cannot take care of your father? Or your father only wants to be taken care by you?

 

[jakklondon]

now some lawyers are advising to apply PR card and after its denied then go for appeal on HnC ground, because i have valid reason of my father with all medical documents,

I don't think this is considered valid reason for H&C. DO NOT APPLY for PR card.

but some lawyers are advising to dont apply for PR card and live silently in canada for next 2 years do some job and pay your tax, after two years simply go for PR card renewal

These attorneys are correct. Do not leave Canada for 2 years. Do not apply for PR card for 2 years.

but some lawyers are saying that for renewal of PR CARD you must apply within 9 months before or after expiry, after 9 month you cant apply for renewal and you will ultimately go for HnC ground at any cost, doesnt matter how many years you live

now i am confused what should i do ?

Don't listen to incompetent attorneys.

 

[Muhammad Ansar Khan]

Do you have other family members in Pakistan like sisters or your mother? Although culturally you may be the one who is supposed to take care of your father IRCC doesn’t care. If your sisters live nearby they could heLp your father. If you have been in Canada since August someone has been caring for him so he has options. If dialysis is the only treatment that is required he doesn’t need someone with him 24/7 and it is a chronic condition that existed before you got PR. Did your spouse sponsor you through family sponsorship? Did you ever move to Canada, find employment, rent/buy a home and live in it for months before August 2021, etc.? Did your wife move to Pakistan to be with you? Has she been working in Canada? Have you been working in Pakistan? Did you continue working the same job you had before sponsorship? Is she a Canadian citizen or PR? What province does she live in? If she went Pakistan to be with you how long did return to Canada when she had the children?

Need a better picture before answering your questions.

Did your spouse sponsor you through family sponsorship?
Yes My spouse sponsored me through family sponsorship

Did you ever move to Canada, find employment, rent/buy a home and live in it for months before August 2021, etc.?
no i never did job or rented home, before august 2021, i just visited 3 times (first time 7 days, second time 30 days and third time 55 days) total before august 2021 i live (7+30+55+) 92 days

Did your wife move to Pakistan to be with you?
yes wife and both daughters moved with me

Has she been working in Canada?
no she never worked, all tax returns are based on ZERO income

Have you been working in Pakistan?
yes i have been working in pakistan during the immigration period and before immigration.

Did you continue working the same job you had before sponsorship?
yes i am doing my own business in pakistan since 2011, its registered on all forums in pakistan like Income Tax, Chamber of Commerce, Banks etc and still this business is on my name, after august 2021 my brother in law is looking after it, but its still exist on my name. bank statement, tax documents and everything can be provided as proof


Is she a Canadian citizen or PR?
she is PR.

What province does she live in?
from Day first she is in BC and i visited BC all three times.

If she went Pakistan to be with you how long did return to Canada when she had the children?
she lived with me all the time in pakistan, but before 5 months of delivery she came in canada, and after few months of delivery she back to me,
we mostly travel together as i came all three times at the time of delivery

thanks for your consideration, now the problem is, i may have to visit any time pakistan to my family, and i have to maintain my canadian status as well as i informed that i have 3 kids here

one more thing i want to inform you that my father is not only dialysis patient but he is Disabled (Handicapped) since last 6 years

 

[canuck78]

Did your spouse sponsor you through family sponsorship?
Yes My spouse sponsored me through family sponsorship

Did you ever move to Canada, find employment, rent/buy a home and live in it for months before August 2021, etc.?
no i never did job or rented home, before august 2021, i just visited 3 times (first time 7 days, second time 30 days and third time 55 days) total before august 2021 i live (7+30+55+) 92 days

Did your wife move to Pakistan to be with you?
yes wife and both daughters moved with me

Has she been working in Canada?
no she never worked, all tax returns are based on ZERO income

Have you been working in Pakistan?
yes i have been working in pakistan during the immigration period and before immigration.

Did you continue working the same job you had before sponsorship?
yes i am doing my own business in pakistan since 2011, its registered on all forums in pakistan like Income Tax, Chamber of Commerce, Banks etc and still this business is on my name, after august 2021 my brother in law is looking after it, but its still exist on my name. bank statement, tax documents and everything can be provided as proof


Is she a Canadian citizen or PR?
she is PR.

What province does she live in?
from Day first she is in BC and i visited BC all three times.

If she went Pakistan to be with you how long did return to Canada when she had the children?
she lived with me all the time in pakistan, but before 5 months of delivery she came in canada, and after few months of delivery she back to me,
we mostly travel together as i came all three times at the time of delivery

thanks for your consideration, now the problem is, i may have to visit any time pakistan to my family, and i have to maintain my canadian status as well as i informed that i have 3 kids here

one more thing i want to inform you that my father is not only dialysis patient but he is Disabled (Handicapped) since last 6 years

Is you wife compliant with her RO as well? Did she reapply for healthcare every time she returned to Canada. It doesn’t sound like she met the residency requirement to receive healthcare for at least one birth. She would have had to reapply for MSP and wait 3 months for coverage. The babies also didn’t qualify for MSP if they were only in Canada for a few months. You can be asked to repay all the medical expenses you weren’t entitled to. A valid MSP card doesn’t mean you are entitled to MSP. There are residency requirements to stop people from doing exactly what you have been doing or something similar. Hopefully you informed CRA about your absences if you ever applied for child benefit. Your wife also had to declare your international income.

You got very lucky and weren’t reported when you entered Canada. You never resettled in CAnada after receiving PR which is viewed as a big negative. You should not leave Canada for 2 years or the chances of you losing your PR are very high. You should not apply to renew your PR card until you have been inCanada for 730 days out of the past 5 years. You should not apply 9 months before you hit the 730 days because you will not be compliant with your RO. If you feel that you need to return to Pakistan you should realize there is a high chance that you will lose your PR. You can certainly attempt to apply based on H&C conditions but the risk of being refused is quite high. You have never worked or lived in Canada until your PR was set to expire. It doesn’t sound like you’re currently working. You essentially continued your life in Pakistan after you got your PR. Your spouse only returned to use the medical system and it doesn’t seem like she was not entitled to some of the care she received and neither were your children. The argument will be made that losing your PR will not have a big impact on your life. You have never relocated to Canada. Your father has other children in Pakistan who could provide care like they are doing now so your choice to be the primary care provider, while also working, was a personal choice. It’s a personal choice whether you return to Pakistan but you will have to return knowing that your PR is not guaranteed.

https://www2.gov.bc.ca/gov/content/health/health-drug-coverage/msp/bc-residents/managing-your-msp-account/leaving-bc-temporarily

 

[Muhammad Ansar Khan]

Is you wife compliant with her RO as well? Did she reapply for healthcare every time she returned to Canada. It doesn’t sound like she met the residency requirement to receive healthcare for at least one birth. She would have had to reapply for MSP and wait 3 months for coverage. The babies also didn’t qualify for MSP if they were only in Canada for a few months. You can be asked to repay all the medical expenses you weren’t entitled to. A valid MSP card doesn’t mean you are entitled to MSP. There are residency requirements to stop people from doing exactly what you have been doing or something similar. Hopefully you informed CRA about your absences if you ever applied for child benefit. Your wife also had to declare your international income.

You got very lucky and weren’t reported when you entered Canada. You never resettled in CAnada after receiving PR which is viewed as a big negative. You should not leave Canada for 2 years or the chances of you losing your PR are very high. You should not apply to renew your PR card until you have been inCanada for 730 days out of the past 5 years. You should not apply 9 months before you hit the 730 days because you will not be compliant with your RO. If you feel that you need to return to Pakistan you should realize there is a high chance that you will lose your PR. You can certainly attempt to apply based on H&C conditions but the risk of being refused is quite high. You have never worked or lived in Canada until your PR was set to expire. It doesn’t sound like you’re currently working. You essentially continued your life in Pakistan after you got your PR. Your spouse only returned to use the medical system and it doesn’t seem like she was not entitled to some of the care she received and neither were your children. The argument will be made that losing your PR will not have a big impact on your life. You have never relocated to Canada. Your father has other children in Pakistan who could provide care like they are doing now so your choice to be the primary care provider, while also working, was a personal choice. It’s a personal choice whether you return to Pakistan but you will have to return knowing that your PR is not guaranteed.

https://www2.gov.bc.ca/gov/content/health/health-drug-coverage/msp/bc-residents/managing-your-msp-account/leaving-bc-temporarily

Is you wife compliant with her RO as well?
my wife is living with her parents since 2013 and she completed 730 days, in 2020 she got another PR card as well. her residency status is maintained as per immigration law.

You got very lucky and weren’t reported when you entered Canada

i have no idea that they reported or not, i came through rainbow bridge niagara fall border, and at immigration the officer checked my passsport and told me that i have been outside of canada since last four years and i should surrender my PR as soon as possible, i assure him that i will do as he said just let me enter in canada so i can meet my family, i dont know he sent notting to relevant department or not, my address is changed so i dont know is there any mail for me from IRCC or not
but i got my provincial ID and license and health card, i visited to doctor and got some blood test as well, but everything done smoothly, now my address is updated to ICBC & CRA but i dont know how to check previous mails from immigration dept (if ever they sent me) and how to update address to them

 

[Muhammad Ansar Khan]

if i ever leave canada for a month or two month, can i return to canada by private vehicle? with valid insurance and registeration documents on my name and valid class 5 driving license and BC ID credit car etc ??
in my case i beleive that on my last arrival immigration officer checked my passport and warned me that i dont meet RO so i should surrender PR to relevant dept asap
so in this scenario still can i come back to canada with all above documents by pvt vehicle ? or is there any chance that they will not let me enter in canada ?

 

[canuck78]

Is you wife compliant with her RO as well?
my wife is living with her parents since 2013 and she completed 730 days, in 2020 she got another PR card as well. her residency status is maintained as per immigration law.

You got very lucky and weren’t reported when you entered Canada

i have no idea that they reported or not, i came through rainbow bridge niagara fall border, and at immigration the officer checked my passsport and told me that i have been outside of canada since last four years and i should surrender my PR as soon as possible, i assure him that i will do as he said just let me enter in canada so i can meet my family, i dont know he sent notting to relevant department or not, my address is changed so i dont know is there any mail for me from IRCC or not
but i got my provincial ID and license and health card, i visited to doctor and got some blood test as well, but everything done smoothly, now my address is updated to ICBC & CRA but i dont know how to check previous mails from immigration dept (if ever they sent me) and how to update address to them

your wife must have been in Canada for 730 days in the past 5 years on any day. It becomes a rolling total after the first 5 years. If you did not renew your MSP and reapply you weren’t entitled to use your past MSP card even if it was valid. You must meet the residency requirements for MSP (not the same as the RO for PR) even if you have a valid PR card you can be asked to pay for all the healthcare you used.

You are correct you may have been reported for not meeting your RO. Not giving your correct address means that you could be missing important notices.

 

[canuck78]

if i ever leave canada for a month or two month, can i return to canada by private vehicle? with valid insurance and registeration documents on my name and valid class 5 driving license and BC ID credit car etc ??
in my case i beleive that on my last arrival immigration officer checked my passport and warned me that i dont meet RO so i should surrender PR to relevant dept asap
so in this scenario still can i come back to canada with all above documents by pvt vehicle ? or is there any chance that they will not let me enter in canada ?

If you were reported for not meeting your RO you may have been contacted to warn you that you have 15 days to appeal or you will lose your PR status. If you have lost your PR status you will not be able to enter Canada. If you weren’t reported you have already been warned and you will be reported the next time. If you leave there is a very good chance you will lose your PR status. Having a drivers license, credit card, etc will make no difference.

 

[Muhammad Ansar Khan]

your wife must have been in Canada for 730 days in the past 5 years on any day. It becomes a rolling total after the first 5 years. If you did not renew your MSP and reapply you weren’t entitled to use your past MSP card even if it was valid. You must meet the residency requirements for MSP (not the same as the RO for PR) even if you have a valid PR card you can be asked to pay for all the healthcare you used.

You are correct you may have been reported for not meeting your RO. Not giving your correct address means that you could be missing important notices.

i didnt give them any address, my current address is update to CRA and icbc (BC) offices
how can i track previous mails or notices? is it possible to check it online ? or should i call them ? can you give me any contact information so atleast i should know the current scenario

 

[Muhammad Ansar Khan]

If you were reported for not meeting your RO you may have been contacted to warn you that you have 15 days to appeal or you will lose your PR status. If you have lost your PR status you will not be able to enter Canada. If you weren’t reported you have already been warned and you will be reported the next time. If you leave there is a very good chance you will lose your PR status. Having a drivers license, credit card, etc will make no difference.

i got it, i will not leave canada
but whats the permanent solution ? should i apply PR once i complete 730 days ? at that time they will renew it or they will check my previous travel record ? will they make any objection to renew PR card which was expired before two years ?

 

[canuck78]

i didnt give them any address, my current address is update to CRA and icbc (BC) offices
how can i track previous mails or notices? is it possible to check it online ? or should i call them ? can you give me any contact information so atleast i should know the current scenario

All these agencies are not related so updating your address doesn’t mean the others have access to your address. Did you put an address in your ArriveCan app? IRCC would have your previous address on file. You are in a bit of a catch 22. You don’t want to flag that you haven’t met your RO to IRCC so you don’t want to make contact with them but you seem unclear whether you were reported. Was this a brief conversation with CBSA or did you go into the offices and speak to someone in more detail?

 

[canuck78]

i got it, i will not leave canada
but whats the permanent solution ? should i apply PR once i complete 730 days ? at that time they will renew it or they will check my previous travel record ? will they make any objection to renew PR card which was expired before two years ?

once you have completed the 730 days without leaving you are in the clear. If you apply soon after 730 days you may end up in secondary inspection so I would apply at least 2 months after the 730 days.

 

[THS]

once you have completed the 730 days without leaving you are in the clear. If you apply soon after 730 days you may end up in secondary inspection so I would apply at least 2 months after the 730 days.

Hi, Canuck78,
I got one related question, If someone apply PR after meeting the residency obligation of 730 days, Can CIC still reject PR application. Also what about while applying for Citizenship after meeting requirements of 3 years. Does the previous residency obligation can still stop him getting citizenship or he is ok to apply for citizenship after meeting 3 years in 5 years before application date. Appreciate if you can clarify.