Husband passed away suddenly what do we do now.Leon and Seniors please advice.

[VisaApprovalSent]

We have been devastated by the sudden passing away of my husband a few days ago by an heart attack.He was only 43 and 2 kids 2and half and 12 yrs.we are left without a breadwinner and without any family or relatives here I don't know what to do.

We are all landed PR and just completed 2 yrs of our stay landed in nov 2011.Our PR card expires Feb 5 2015 .If i go back to India what will happen to our status.My family back home wants us to leave Canada and settle in India.

Can you advise us what to do .I want to stay and struggle here for the sake of my kids atleast get the citizenship but that is a good 3-4 yrs I have heard about the new rule where you must stay for now 4 yrs instead of the previous 3 yrs.

I'm not sure how I will manage alone here .My daughter is in 7 th grade ,how will she adjust in India.I want to keep the option of atleast the kids coming back to Canada for their future.

Please advise are there any compassionate grounds available to us.or what could be the best option.
My husband dreamt of getting his citizenship but everything is gone now.

 

[Tony23]

Re: Husband passed away suddenly what do we do now.

I'm very sorry for your loss.

I'm not a visa officer or anything but I'll recommend you not to make the same mistake I made 5 years ago when I decided to leave Canada and then I had a hard time getting back here.

I think the best option for you is to at least stay in Canada until your kids get their citizenship that way it is more safer for them (and you if that's the case) to leave and enter the country.

On the other hand, since your kid is 12 years old. I think it's better for him to stay here so he doesn't have to deal with the fact of moving to another country, adapting to that system, adapting to a new school, making new friends. Your kid is already dealing with his father's loss and that's already too much to handle

However, if you eventually decide to move back to India. Your kids can always comeback when they are 18 and ask for a PRTD on H&C grounds claiming they were removed from their country when they were still minors so they have pretty good chances of getting their PRTD.

BUT remember Canada immigration laws are becoming tougher so we don't really know what to expect in the coming years. So, like I said. You better stay here. Is the best advice I can give you. Honesty don't make the same mistake I did.

 

[rg2012]

We have been devastated by the sudden passing away of my husband a few days ago by an heart attack.He was only 43 and 2 kids 2and half and 12 yrs.we are left without a breadwinner and without any family or relatives here I don't know what to do.

We are all landed PR and just completed 2 yrs of our stay landed in nov 2011.Our PR card expires Feb 5 2015 .If i go back to India what will happen to our status.My family back home wants us to leave Canada and settle in India.

Can you advise us what to do .I want to stay and struggle here for the sake of my kids atleast get the citizenship but that is a good 3-4 yrs I have heard about the new rule where you must stay for now 4 yrs instead of the previous 3 yrs.

I'm not sure how I will manage alone here .My daughter is in 7 th grade ,how will she adjust in India.I want to keep the option of atleast the kids coming back to Canada for their future.

Please advise are there any compassionate grounds available to us.or what could be the best option.
My husband dreamt of getting his citizenship but everything is gone now.

First of all, I'm very sorry for your loss.

I hope you decide to stay and fulfill your husband's dreams. Relatives will always be relatives and cannot fully understand what you have desired for yourself and your family (I'm from India too, so I am not saying this without context). I would say, stay here. Wait for you to be eligible to apply for a renewal of your PR Card which is in a few months since your current PR expires in Feb 2015. What you need to ask your relatives to do is wait.

You may also be able to make the window for Citizenship application since the new rules take a long time (hopefully) to come into effect. To track progress of the new rules, use this link: http://www.parl.gc.ca/LEGISInfo/BillDetails.aspx?Language=E&Mode=1&billId=6401990&View=0

Good luck and I hope you have friends here who you can rely on. Stay in touch on the forums, please.

 

[Leon]

I am very sorry for your loss.

Since you have been in Canada for more than the past 2 years, you would be able to spend up to 3 years outside Canada without losing your PR status. However, if you leave now, I am sure it will not be easy for you either if you want to return in 3 years time.

Since you have 2 years, you would under the new law need another 2 years before you can apply for citizenship for yourself and your children.

You can not apply for H&C leniency beforehand. I do not think that immigration would let you keep your PR if you go back and end up in breach of the residency obligation. I think they will say that your husbands passing was unfortunate but still no reason why you could not have stayed in Canada. As others have said, your children may have the opportunity at age 18 to apply for travel documents and ask for their PR status to be re-instated as they were removed from Canada as minors. It is common for young people in this situation to be granted a travel document but of course it is not guaranteed that there won't be some change of policy before then.

Why don't you ask one of your relatives to come and visit you and stay for a while? This would allow you the feeling of family/friend while not having to make the decision right now to pick up and move countries with two kids.

 

[VisaApprovalSent]

Has the new law already applied.what if i complete 1 more year ,will i be safe with the total 3 yrs requirement for citizenship ? hopefuly the new law takes time to be implemented.

 

[hobbes]

Very sorry to hear about your loss.

I assume your husband did not have life insurance. May be check with his employer - many employers in Canada have group life insurance to the amounts of 1-2 years of salary.

Everybody here has given you good practical advice. Under the new rules, you cannot apply for citizenship if you intend to leave Canada. Of course, you could always ask - "how would they know?" and that will open up several ethical-legal questions. But you should be aware of this rule and plan accordingly.

Practically, it looks like the best option is that you should fight it out for an year. Hopefully, the new rules will not be implemented by then. And who knows, you might actually give up your plan to go back to India.

 

[rg2012]

Has the new law already applied.what if i complete 1 more year ,will i be safe with the total 3 yrs requirement for citizenship ? hopefuly the new law takes time to be implemented.

No it has not. Please check my post above. There is a link that will tell you how far along the law is. It is currently in its early stages and will take time before it comes into effect. It all depends on the government and the speed at which they push these bills into law.

 

[txboyscout]

Sorry to hear about your loss

I understand the need for you to be with family at this time, but as you have rightfully pointed out you need to think of your childrens future. You may be eligible within the next couple of years to apply for citizenship. You can freely move about once you have your citizenship.

In the meantime the road ahead is going to be tough but I urge you to think about the decision you make.