In serious Dilemma,need to take firm Decision, seniors pls help

[mayurd]

My parents have PR cards. They waited for me to get married and due to this are now unable to meet the residency obligation period ( 3 months overdue). I want to send them to Canada now to reside with my sister (she sponsored my parents) and want them to complete remaining 2 years ( the last 3 months will exceed the PR card expiry date by 3 months, because in this 5 year PR status period, they only stayed for 2 months in Canada). I have 2 questions:

1. If they land in Canada now, will they be deported from the airport itself or allowed to enter inside Canada ?

2. Can the officer allow to enter & NOT flag off or put any review comment if we produce enough evidence ?- my father broke his hip 1 year back and underwent surgery, physiotherapy etc,. we can provide all medical documents supporting for this. Can this medical situation help?

3. If the officer does not flag off and allows to enter Canada on H&C grounds- will the officer give new PR card expiry date & new RO period end dates ?

4. If the officer does not flag off and allows to enter Canada on H&C grounds but does not give any new RO end dates- then during the PR card renewal time, what will happen? Will they deport them back at that time or any new penalty fee will be charged to renew & issue new PR cards ?

Can you point me to any relevant thread- where anyone faced similar situation where they could not meet RO obligation and what happened in their case ?

Pls suggest me all possible options so that i can take informed decision. Thanks.

 

[mayurd]

Can anybody pls help!!

 

[Buletruck]

Quick answers (sort of)

1) no, they won’t be deported. As a PR they have the right to enter Canada whether they meet RO or not ( unless they are criminals or the like).

2) entirely up to the CBSA office they meet. Make sure they have the medical records. Waiting for you to get married isn’t a good reason for not meeting RO, but the hip is a pretty reasonable reason. Not reporting them is still entirely up to the CBSA officer.

3) no they don’t get a new pr card or RO date. You have to be present in Canada for 730 days in the first 5 years. After the first 5 years, it becomes a rolling 5 years from the date you enter (count backwards 5 years from the date you enter) and remains 730 days. Beyond 5 years the days drop off.

4) don’t renew the pr card (it isn’t necessary to have a pr card if you are in Canada....it’s just a travel document to get you on a plane without a visa) until you have 730 days in Canada, plus a safety margin (3 months is a good number). Don’t interact with IRCC or CBSA unless you have to. Every entry or application to either office can trigger a residency review if they don’t meet RO, and depending on who reviews your case, it can go either way. Remember, 729 days is not 730, and they aren’t particularly lenient on that number.

Best place to find answers for this is here:

https://www.canadavisa.com/canada-immigration-discussion-board/forums/permanent-residency-obligations.11/

 

[mayurd]

Quick answers (sort of)

1) no, they won’t be deported. As a PR they have the right to enter Canada whether they meet RO or not ( unless they are criminals or the like).

2) entirely up to the CBSA office they meet. Make sure they have the medical records. Waiting for you to get married isn’t a good reason for not meeting RO, but the hip is a pretty reasonable reason. Not reporting them is still entirely up to the CBSA officer.

3) no they don’t get a new pr card or RO date. You have to be present in Canada for 730 days in the first 5 years. After the first 5 years, it becomes a rolling 5 years from the date you enter (count backwards 5 years from the date you enter) and remains 730 days. Beyond 5 years the days drop off.

4) don’t renew the pr card (it isn’t necessary to have a pr card if you are in Canada....it’s just a travel document to get you on a plane without a visa) until you have 730 days in Canada, plus a safety margin (3 months is a good number). Don’t interact with IRCC or CBSA unless you have to. Every entry or application to either office can trigger a residency review if they don’t meet RO, and depending on who reviews your case, it can go either way. Remember, 729 days is not 730, and they aren’t particularly lenient on that number.

Best place to find answers for this is here:

https://www.canadavisa.com/canada-immigration-discussion-board/forums/permanent-residency-obligations.11/

Thanks Buletruck for your advice !