Maintaining Residency Obligation rule due to H&C

[mr.gk]

Hi folks,

I need your help as I am Syrian & permanent resident since 2015. I live & work currently in Saudi Arabia and want to move to Canada but my old parents are accompanying me in Saudi arabia as visitors.

If I want to move to canada, I have to cancel my residency in Saudi Arabia which means sending my parents back to the war country - Syria. At the same time, days are passing very quickly and i'm very afraid of losing my residency in Canada due to the rule of 720 days. Please advise me what should I do to not lose it?

- File taxes for my world wide income, would that help?
- How can I reach parliament member to get support?
- Inviting parents to visit me in Canada while I'm outside is not logical. How can I go for this option?
- Are there any possible option to communicate with CIC and report them that I need special extension due to humanitarian & compassionate reasons?

Thanks

 

[thecoolguysam]

Hi folks,

I need your help as I am Syrian & permanent resident since 2015. I live & work currently in Saudi Arabia and want to move to Canada but my old parents are accompanying me in Saudi arabia as visitors.

If I want to move to canada, I have to cancel my residency in Saudi Arabia which means sending my parents back to the war country - Syria. At the same time, days are passing very quickly and i'm very afraid of losing my residency in Canada due to the rule of 720 days. Please advise me what should I do to not lose it?

- File taxes for my world wide income, would that help?
- How can I reach parliament member to get support?
- Inviting parents to visit me in Canada while I'm outside is not logical. How can I go for this option?
- Are there any possible option to communicate with CIC and report them that I need special extension due to humanitarian & compassionate reasons?

Thanks

You need to maintain residency of 2 out of 5 years to remain as permanent resident. You can invite your parents to Canada on visitor visa. Once they get the VISA they would be allowed to stay in Canada for up to 6 months but it all depends upon the CBSA officer at the port of entry that how much time the officer will allow your parents to stay in Canada.

Someone in the forum can shed more light on to your situation.

 

[canuck_in_uk]

- File taxes for my world wide income, would that help?
- How can I reach parliament member to get support?
- Inviting parents to visit me in Canada while I'm outside is not logical. How can I go for this option?
- Are there any possible option to communicate with CIC and report them that I need special extension due to humanitarian & compassionate reasons?

Hi

No, filing taxes won't help.

An MP can't do anything in this situation.

They can apply for TRVs but given their nationality and current immigration status, the chances are low. As you are not in Canada, supervisas are not an option.

IRCC can't grant extensions ahead of time.

 

[scylla]

- File taxes for my world wide income, would that help?
- How can I reach parliament member to get support?
- Inviting parents to visit me in Canada while I'm outside is not logical. How can I go for this option?
- Are there any possible option to communicate with CIC and report them that I need special extension due to humanitarian & compassionate reasons?

- Filing Canadian taxes won't help. You need to be physically in Canada to meet the residency requirement.
- Your MP does not have the ability to change immigration rules. Contacting an MP unfortunately won't be of any help.
- Your parents would apply for a regular visitor visa. They do not qualify for a super visa. To qualify for a super visa, you would need to be living and working in Canada and making sufficient income to meet the minimum income requirements.
- You cannot request an extension or special consideration proactively under H&C. You can only request H&C consideration retroactively once you need it because you don't meet the residency obligation. At that point it's obviously up to CIC if your request is approved. Based on the information you've provided, it's difficult to say if CIC would consider this an H&C reason for failing to meet RO. My guess is probably not.

 

[mats]

What exactly do you want? If your parents get visitor visa will you move back to Canada? If so then you will not have any problem. Your parents can apply for visitor visa and once granted they can extend it without leaving Canada. I have done that for my mother as much as 3 extensions which means she was with us for 2 years without exiting Canada.

 

[mr.gk]

Hi

No, filing taxes won't help.

An MP can't do anything in this situation.

They can apply for TRVs but given their nationality and current immigration status, the chances are low. As you are not in Canada, supervisas are not an option.

IRCC can't grant extensions ahead of time.

So, what is your suggestion? ???

 

[mr.gk]

- Filing Canadian taxes won't help. You need to be physically in Canada to meet the residency requirement.
- Your MP does not have the ability to change immigration rules. Contacting an MP unfortunately won't be of any help.
- Your parents would apply for a regular visitor visa. They do not qualify for a super visa. To qualify for a super visa, you would need to be living and working in Canada and making sufficient income to meet the minimum income requirements.
- You cannot request an extension or special consideration proactively under H&C. You can only request H&C consideration retroactively once you need it because you don't meet the residency obligation. At that point it's obviously up to CIC if your request is approved. Based on the information you've provided, it's difficult to say if CIC would consider this an H&C reason for failing to meet RO. My guess is probably not.

Thanks for reply.
so, you mean the only option that i can follow is to submit regular visitor visa for them?
Any preventive measure that I can do to protect my residency?

 

[mr.gk]

What exactly do you want? If your parents get visitor visa will you move back to Canada? If so then you will not have any problem. Your parents can apply for visitor visa and once granted they can extend it without leaving Canada. I have done that for my mother as much as 3 extensions which means she was with us for 2 years without exiting Canada.

Thanks mate.

Do you have any suggestion to increase the possibility of approving the visitor visa application? Our nationality is one of the worst all over the world

 

[canuck_in_uk]

So, what is your suggestion? ???

Either you stay out of Canada and risk losing your PR status later or you return to Canada before you fail to meet the RO.

Thanks for reply.
so, you mean the only option that i can follow is to submit regular visitor visa for them?
Any preventive measure that I can do to protect my residency?

Yes, they can apply for regular TRVs.

There is no "preventative measure".

 

[scylla]

Thanks for reply.
so, you mean the only option that i can follow is to submit regular visitor visa for them?
Any preventive measure that I can do to protect my residency?

Yes - your only option at this time is to have them apply for a regular visitor visa since you don't live and work in Canada.

The only preventative measure you can take to protect your PR status is to make sure you meet the residency requirement by living in Canada by 2 out of every 5 years.