Expired PR, unmet residency obligations for senior (H&C reasons)

[Canada_2002]

Hello all helpful folks of this forum,

I have a question about PR status for my elderly dad, which I was hoping I can get some help and feedback from the community here.

Here's the situation: my mom and dad both got their PR status back in 2013, and landed here through Toronto airport. My mom has lived here on and off since then, mostly in Canada rather than outside to maintain her residency requirements. She is now waiting for her citizenship application. So that's all good, just information for the context.

The issue is on my dad's side: he started living here, and/or visiting on and off for the first few years, however he had to go back to home country to take care of some business (closing of property sales, etc), but mainly to care for his elderly mom. Then COVID hit and he got sick for a long time, followed by her mom passing in 2021. So all that to say he has not met his residency obligations (or even close), however after all this he is now finally ready and prepared to come back to Canada to live with my mom/his wife. To add to the complications, he is now getting mentally ill, and needs immediate family care. His wife, 3 children, and 4 grand children are all here, and the loneliness has contributed to his mental illness for certain.

Now what is the process he needs to follow to come back and live here? His PR card is obviously expired, but can he still use that for example to get on a plane and arrive here, then provide reasons why he hasn't met the obligations? Or is that something that needs to be done beforehand, and if so how? What documents/evidence/proof are needed for re-establishing his PR status in Canada?
I understand there are humanitarian and compassionate reasons for lapse of residency obligations, but how and at what point and through what process can that be initiated?

And lastly, can this be a DIY case, or is it advisable to hire an immigration lawyer?

EDIT: entering to the US and land entry into Canada unfortunately is not an option (extremely difficult/impossible to obtain US visa from his home country)

Thanks in advance!

 

[Ponga]

The good news is that, unless his PR status has been revoked, he is still a PR even though he has not met the Residency Obligation.

The bad news, is that without having a valid PR card, he may not be able to board a commercial flight back to Canada because it is required for most commercial carriers. If he can travel to the US, he could enter Canada at a land PoE (either in a personal vehicle or on foot) as the valid PR card requirement is not absolute when entering by land. He would most certainly be questioned by CBSA as to why he has failed to meet the R.O., at which point the officer could:

1. Wave him through with little or no discussion.

2. Same as above but with extensive questioning followed by letting him enter Canada.

3. Same as above but creating a 44(1) report that could lead to his status being revoked...but still allowing entry during the process. He would then have an option to appeal.

However, if he is deemed to be [otherwise] inadmissible on grounds of criminality, for example, I suspect that he would then [possibly] be denied entry.

Good luck!

 

[Canada_2002]

Thank you Ponga for the quick response

I added an edit to my original post, basically to say that entering to the US and land entry into Canada unfortunately is not an option (extremely difficult/impossible to obtain US visa from his home country).

So commercial flight without a valid PR card or land entry through US not an option, what is the next choice?

 

[armoured]

He could renounce his current PR status and be sponsored by his wife anew.

 

[scylla]

Thank you Ponga for the quick response

I added an edit to my original post, basically to say that entering to the US and land entry into Canada unfortunately is not an option (extremely difficult/impossible to obtain US visa from his home country).

So commercial flight without a valid PR card or land entry through US not an option, what is the next choice?

He would need to apply for a PRTD with H&C considerations. If that's approved, then he can trave to Canada. If it's refused, then your mother / his wife can sponsor him for PR through spousal sponsorship.

 

[Vaseeni]

Currently my mother is in a similar situation. She couldn’t complete her 730 day RO as she had to stay back in India to look after me (I had been battling mental health issues for over 4 years). The sponsor is my brother who is a Canadian citizen. I have now recovered but would like her to join my brother as I have to leave the country on and off for work reasons. We think it would be safer for her to stay with brother given the current situation. She is 80 and deserves to have her child be available for her 24/7 - she has sacrificed so much especially for me out of so much love and I don’t want her to be alone even for a day. Her PR expired in Apr ‘21. We are in the process of applying for PRTD and renew her PR card on H&C grounds. Can anyone please share their experience on how long it took and whether the application was successful.

 

[scylla]

Currently my mother is in a similar situation. She couldn’t complete her 730 day RO as she had to stay back in India to look after me (I had been battling mental health issues for over 4 years). The sponsor is my brother who is a Canadian citizen. I have now recovered but would like her to join my brother as I have to leave the country on and off for work reasons. We think it would be safer for her to stay with brother given the current situation. She is 80 and deserves to have her child be available for her 24/7 - she has sacrificed so much especially for me out of so much love and I don’t want her to be alone even for a day. Her PR expired in Apr ‘21. We are in the process of applying for PRTD and renew her PR card on H&C grounds. Can anyone please share their experience on how long it took and whether the application was successful.

You can only apply for the PRTD under H&C. She must be physically in Canada to apply to renew her PR card. Only submit the first application. Do not submit the second while she is outside of Canada.

Processing times for a PRTD under H&C are generally at least a few months but can take many months. The chances of success depend on the strength of your case and the evidence you submit to support that. Some are approved and some are refused.

 

[canuck78]

Currently my mother is in a similar situation. She couldn’t complete her 730 day RO as she had to stay back in India to look after me (I had been battling mental health issues for over 4 years). The sponsor is my brother who is a Canadian citizen. I have now recovered but would like her to join my brother as I have to leave the country on and off for work reasons. We think it would be safer for her to stay with brother given the current situation. She is 80 and deserves to have her child be available for her 24/7 - she has sacrificed so much especially for me out of so much love and I don’t want her to be alone even for a day. Her PR expired in Apr ‘21. We are in the process of applying for PRTD and renew her PR card on H&C grounds. Can anyone please share their experience on how long it took and whether the application was successful.

How many days has she spent in Canada in the past 5 years? When did she get PR and how many days has she spent in Canada since getting PR? Your mother will need to show that you had no other family members in India to care for you ( are you single with no children?) and show that you were suffering from severe mental health issues so you needed her to be in India full-time. Proof of any hospitalizations, records of your doctor’s appointments and any other treatment like psychologist, medical letter from your doctor describing your health over the past 4+ years and why you needed you needed a family member to be with you throughout this period, proof that you were not able to function in normal life like long periods of unemployment, etc. all types of documents that should be included in her PRTD based on H&C application. She would also need to show that she attempted to return to Canada as soon as your health improved enough for you to not require her to be there 24/7. Whether she ever established a life in Canada since she would have gotten PR in 2016 will likely play a factor in approval. If she received PR in 2016 or earlier she should have been able to spend a few years living in Canada before you had a mental health crisis and she needed to move back to India.