Help with my father's immigration - PR problem

[MissE]

Dear Leon,

I already posted this on another thread, but thought this thread is more specific to my topic.
Our family got accepted to immigrate to Canada in 2008. Since then, I moved to Canada and have been living here and married and worked, so I have followed all the rules and can now apply for citizenship. However, my father's case was a bit different. He only entered Canada in total for two months - once in 2008, and once in 2010. Instead of living in Canada, he stayed in the Middle East for several reasons, but to be very straight forward the main reason was work and money obligations such as debt and supporting family in the Middle East. He is over 50 years old, so he was discouraged to quit his stable job with good income and pension benefits in ME to go to Canada and start over with absolutely no guarantees. While there, his mother also got very sick, and although he did not live in the same town as her; he did visit her often until she passed away about a year ago. Now he will retire in July 2013, and he wants to come to Canada to live here. His PR CARD expires in August 2013. He has only accumulated two months out of five years of residency in Canada. What is the best next step for him to take so that he can renew his PR status and not lose it? His intentions are really to stay in Canada after this. We are worried about:

1) him entering Canada, where an IO may give him a hard time and how he should answer difficult questions,
2) not being able to renew his PR card or being asked to leave the country for not meeting the obligations,
3) If he manages to come into Canada with no problems upon entry, and lives two years here with an expired PR Card before applying for renewal, we are worried he may get "caught" or something. He just doesn't want to do anything wrong!

I read on here that a wife can sponsor her husband to renew the PR Card. It may sound silly, but as his daughter would I be able to sponsor him similarly if his PR application gets refused? Our intentions are good and we are just trying to get our old man to finally live in Canada... especially now that he is expecting grandchildren, and given all the problems in the Mid East currently. He has valid health card, driving license, Canadian bank accounts, and has been filing income tax yearly. He also helped my sister and I rent flats here in Canada while he was in Mid East, he paid the rent through his bank account and it shows in our statements. I wonder if any of this is relevant at all or may help give him a boost. I really hope you can give me some insight on what steps to take to improve his situation. He is prepared to hire a lawyer and do what it takes to be able to make this work. I'd be very grateful for any advise you can give me. Thank you so much

 

[ronaldoyaronaldo]

How are you doing?

Based on my limited experience, Your father had to stay 730 days of the 5 years valid on his PR card. If he didn't meet this criteria, there has to be a strong evidence and a very valid reason why didn't he stay in Canada for that period. Your grandmother being very sick and passing away (sorry for your loss) can be a valid reason if he can prove it.
Him having bank accounts and filing income taxes every year without being in the country is like a hole in a loop.

I wish his case will be resolved and I know how you feel. If you want I know some middle eastern lawyers and they've seen lots like your father's situation. I'd consult one if I were you.

Good luck

 

[ronaldoyaronaldo]

Here is a post from CanadianResident11 in another thread:

POST FROM BRITISHEXPATS dot COM website

You have re-entered Canada but lets say
if you were not going to meet 730 days in the first 5 years, could you not wait past PR card expiry date and remain in Canada (after PR card expiry date) and then accumulate enough time after PR card expiry to have at least 730 days in the last 5 years (the reference point of "today" for previous 5 years calculation having now moved ahead on the calendar).

Once the 730 days or more are accumulated, you would then be considered ready to apply for PR card renewal by mailing the now expired card with PR renewal package.
(would a gap in expiry of old PR card before renewal for your replacement PR card flag up a problem possibly)
I far as I understand the currently don't carry out exit checks, you can just let your PR card expire and wait until you have completed 730 days and then apply to renew. As far as I can see they only ask for the 5 year period immediately before you apply for renewal.
I am missing something and has anyone have experience on this subject.

REPLY to the ABOVE MENTIONED QUESTION as put on the WEBSITE
It doesn't work like that I'm afraid!

To keep PR status you need to be physically present in Canada (or meet other conditions - ie. being abroad with a Canadian citizen spouse for example) for 2 years out of every 5 year period to keep your status.

The expiry date on the card applies to the card itself so in order to renew your card you need to prove you met the residency conditions *before* the card expires not after (which is technically when the new 5 year period would commence).

If you do remain in Canada after expiry of the card and you've not met the residency requirements they could technically deport you.

 

[Leon]

Actually, when you are living in Canada going about your own business, it is very unlikely that immigration or anybody will come up to you and start asking you if you meet the residency requirements in the past 5 years. They check that when you apply to renew your PR card which they could refuse to do, when you apply for a PR travel document from outside Canada if your PR card is lost or expired which they could also refuse to give you and they check it when you enter Canada although as you enter Canada, as immigration is not all knowing and they do not have a GPS chip on your person, they most likely will not know 100% on the spot that you do not meet the requirements and although they can report you for not meeting the requirements if they think you don't, they hardly ever seem to do that. It is pretty common experience to get a lecture, to be told that you have lost your PR, even to have your PR card confiscated. This has even happened to people who still met the requirements but were close. Howver, if they don't report you, you enter Canada and still have your PR. There is no law that says you must have a valid PR card if you are living in Canada.

As for living in Canada for 2 years in order to meet the requirements again, this is possible and even mentioned in the immigration operational manuals, see http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf on page 7. If someone had entered Canada, even if they got lectured on entry but did not get reported spends 2 years in Canada after that, they can apply to renew their PR card and immigration is not allowed to look into their past any further than the past 5 years. If they meet the requirements for that time, they are ok and can renew.

With a good reason for staying outside such as taking care of his sick mother until she died, it is even less likely for him to get reported on entry for not meeting the requirements and even if he did, he would have grounds to appeal.

 

[MissE]

Thank you so much for your help and taking the time to answer me. Leon, your answer is really helpful, I would be grateful if you guided me with these questions too. Thanks for your patience.
Lets say worst case scenario: My father upon entry gets a difficult IO and he/she decides to report. When will we know that he has been reported? And, during the two years he is living in Canada, is there even a slim chance authorities may randomly figure out his situation and "give him a call" or something? I understand one would have to keep a low profile and go on about their business. Should he have a lawyer for example, who may help him with appealing if it is needed? Does that actually make a difference with authorities or give him sort of a credibility? In addition, my father told me that he has been keeping an "active paper trail" here in Canada, meaning that he has active Canadian bank accounts, filing taxes every year, and putting my sister's mobile phone in his name etc.. Does that make any difference or make him look better to the authorities should things get difficult?
And on the other hand, if all goes well, and in two years he applies to renew his PR: in the application form, there are many elaborate questions about when his PR Card expired, when it was issued, where he was etc... You say they are not allowed to look further that 5 years into his past, great! What about when they see his PR Card had been expired and he never renewed? Or that he was a landed immigrant 7 years ago, and never renewed? What is the usual protocol for them when they see this?
Another question: Is it safer for him to enter the border from the U.S. by car? He wanted to visit me in January for a week or so, and then come again to Canada to stay in July. Is that safe, or should he just try to enter once in July and STAY?
Thanks again Leon, I know I have many questions but this really helps my family! Thank you!

 

[Leon]

If he gets reported on entry, they should tell him and give him some paperwork to appeal.

If he doesn't get reported on entry, it is very unlikely that immigration will suddenly become aware of him if he doesn't bother them first. Actually, I have never heard of such a case.

If he gets reported on entry and has to appeal, he could get a lawyer. If he doesn't then he doesn't need one.

I do not know if his paper trail will help him except to show that he always intended to come back. Maybe it s a small plus point.

If you want to know about the PR renewal process, you should read through the application forms at http://www.cic.gc.ca/english/information/applications/prcard.asp They only ask for the last 5 years. They will not ask about further back and are not even allowed to. Their own manual states that.

I find it unlikely that they will ask why he did not renew his PR card but if they ask, he can just say that he was not planning on travelling so he let it slide. There is no law that says that you must renew your PR card the minute it expires.

Some people say that the land border is better. If he comes to visit in January and gets lectured then, that could be bad because they might flag him in the system and if he leaves and comes back again, they will see that he left again after they lectured him and that might cause them to report him. I think it would be safer for him just to come in July.

 

[MissE]

Leon, thank you so much for your detailed answers and expertise which really make things clearer for us. Keep up the great work!