And you can not leave Canada till you get the conclusion, correct??
SHORT ANSWER: A PR can leave Canada while an appeal is pending. That said, generally, for Permanent Residents who have an appeal pending in which they are seeking H&C relief from a breach of the PR Residency Obligation, it is better to stay in Canada pending the appeal. BUT short trips abroad should not affect the H&C analysis very much. The more important thing is that the PR has settled in Canada PERMANENTLY, and that any travel abroad be consistent with that (both in appearance and in fact).
Longer response below.
Does is not possible to file for pr extension at medical Grounds of yur own??
Move to Canada without meetin RO obligations seems big risk.. Any one got PR extension on medical grounds at your own??
There is NO EXTENSION of PR status. PR status does not expire. PR status does NOT have a time limit. Once a person is a PR, that person remains a PR UNLESS and UNTIL one of the events terminating PR happens. These events are enumerated in Section 46(1) IRPA; see
https://laws-lois.justice.gc.ca/eng/acts/I-2.5/page-10.html#h-274847
The PR Residency Obligation is NOT self-enforcing. Failing to comply with the RO does not automatically terminate PR status. The most common events which will trigger an examination and determination of whether a PR is in compliance with the RO are:
-- questions about RO compliance upon arrival at a PoE
-- RO determination attendant an application for a new PR card
-- RO determination attendant an application for a PR Travel Document
TECHNICALLY, the following is true:
No - it is not possible to apply to extend your PR on medical grounds from outside of Canada.
BUT it is ONLY true because there is NO extension of PR status at all. It would be just as correct to state:
it is not possible to apply to extend your PR on medical grounds from INSIDE Canada.
Thus, in response to your question . . .
Does is not possible to file for pr extension at medical Grounds of yur own??
Again, there is
NO "pr extension" (for any grounds).
BUT IN CONTRAST, YES you can make an application to IRCC from outside Canada which will determine whether you will be allowed to retain PR status based on H&C reasons taking into consideration medical grounds.
If you apply for a PR Travel Document and detail your H&C case in that application, the appropriate IRCC Visa Office will decide whether to issue you a PR Travel Document. There is no guarantee this will conclusively resolve the issue but quite likely it will. If, in particular, the Visa Office issues a PR TD on H&C grounds, that will mean you can travel to Canada to stay and probably apply for and obtain a new PR card without waiting two full years, so you could continue to travel abroad. That said, it would be better to at least come to Canada and get established sufficient for it to be readily apparent that you have come and settled in Canada PERMANENTLY before applying for a new PR card or traveling abroad again (but even then, only brief travel until in full compliance with the 2/5 rule).
THAT SAID, it appears you still have a valid PR card. So you can travel to Canada without obtaining a PR Travel Document. PoE officials tend (so far as anecdotal reporting and to some extent IAD decisions appear to indicate) to be significantly more liberal, perhaps even lenient, than Visa Office officials deciding PR TD applications. Moreover, if keeping PR status is a high priority, overall your best chance of saving your status is to be in Canada pending any appeal. If you apply for a PR TD and it is denied, you may not be able to come to Canada pending an appeal (given how long it has been since the last time you were in Canada).
BUT sure, if you would like to put your cards on the table and get a decision from Canada as to whether, given the situation which has caused you to remain abroad, Canada will allow you to keep your PR status (that is, decide if do you have sufficient H&C grounds), without incurring the expense of traveling to Canada gambling on being able to keep status, YES, you can do so by applying for a PR TD.
LONGER RESPONSE TO "And you can not leave Canada till you get the conclusion, correct?"
See short answer at beginning of post; essentially, yes, you can leave, and brief trips should not affect things much.
At the risk of coming across as trite, to be clear, as far as Canadian law is concerned, anyone can leave Canada anytime so long as they are not being detained.
Whether it is prudent to do so depends on the particular individual's situation.
And, in this regard, even for Permanent Residents who have an appeal pending, seeking H&C relief from a breach of the PR Residency Obligation, the RISKS will vary considerably from one individual to another.
Generally, for Permanent Residents who have an appeal pending, seeking H&C relief from a breach of the PR Residency Obligation, it is better to stay in Canada pending the appeal. BUT remember, staying pending the appeal is merely one positive factor in the H&C analysis and it may not be given much weight . . . DEPENDING on other key factors, with the extent of the breach and reasons for not returning to Canada sooner looming as far more influential factors.
Moreover, the significance of staying in Canada pending the appeal is more or less an INDIRECT factor. The more important aspect is the nature and extent of the PR's Canadian ties and establishment. This is because an overriding principle applicable to PR H&C cases is the purpose of the PR grant itself: so that the individual can settle and live in Canada PERMANENTLY. Which is to say that the more the totality of facts and circumstances support a conclusion that the individual is settled in Canada PERMANENTLY, the more positive influence H&C factors will tend to favour H&C relief, the more the individual appears to DESERVE being allowed to keep PR status.
Thus, for example, again
FOR a PR with an APPEAL PENDING, it is less important for the PR to stay without leaving than it is for the PR to come, mostly stay, and sufficiently establish a life in Canada which demonstrates that the PR has in FACT come to Canada to settle PERMANENTLY. Thus, the impact of some travel abroad while the appeal is pending may be minimal . . . of course the nature of the trip abroad, including how long for example, could be a big factor. (Noting, however, the other key factors, including the nature and extent of the RO breach, the strength of the H&C case, loom far more importantly.)
IN CONTRAST, for the PR in breach of the RO who is IN Canada:
IN CONTRAST, for the PR in breach of the RO who is IN Canada (such as a PR in breach who was, despite being in breach, allowed to enter Canada without being Reported at the PoE), that PR has an opportunity to avoid an examination of his or her compliance with the Residency Obligation by STAYING in Canada (NO travel at all abroad) long enough to get into compliance BEFORE engaging in any action or transaction which would trigger a RO compliance examination (such as applying for a new PR card or leaving Canada subject to a PoE examination when next returning to Canada).
This is not necessarily a full two years. It depends on how much the PR has been in Canada; that is, it depends on the extent of the breach, especially including the length of the most recent absence.
For example, if the PR was absent from Canada for more than three years prior to returning, but nonetheless was allowed into Canada without being reported, then yes, that PR can only get into full compliance by staying a FULL TWO YEARS . . . two years without so much as a day trip to the U.S., and two years (or at least close to two years) before applying for a new PR card.
