my pr status

[sirisneha]

hi, please help. i got my PR in 2019 i moved to canada on 29th june 2019 and stayed there till 15th febr 2021, my baby was born there in 2020 december, after comming to my country in 2021 i didnt travel to canada. since my card is going to expire on 25th july 2024, am planning to arrive canada on 16th july, i didnt meet my residency obligation of 730 days in last 5 years i was there only 597 days in canada, at the time of arrival will immigration officers stop me and revoke my card, or if they allow me how can i get my renewel process done, how much does H&C grounds help me.
please help me

 

[sirisneha]

Please can some one help for the above mentioned concern

 

[scylla]

hi, please help. i got my PR in 2019 i moved to canada on 29th june 2019 and stayed there till 15th febr 2021, my baby was born there in 2020 december, after comming to my country in 2021 i didnt travel to canada. since my card is going to expire on 25th july 2024, am planning to arrive canada on 16th july, i didnt meet my residency obligation of 730 days in last 5 years i was there only 597 days in canada, at the time of arrival will immigration officers stop me and revoke my card, or if they allow me how can i get my renewel process done, how much does H&C grounds help me.
please help me

You will be allowed into Canada. It's possible you may be reported at the border for failing to meet the residency obligation. Or you may not be reported. Either way, you will be allowed into Canada.

If you are not reported, then you should remain in Canada without leaving until you meet the residency obligation and then apply to renew your PR card. Since you have been outside of Canada for more than three years, this means you will need to remain in Canada for 2 years straight without leaving before you can apply to renew your PR card.

If you are reported, then you will need to appeal the loss of your PR status and argue why you should be allowed to keep your PR status despite note meeting the residency requirement.

You haven't told us what your H&C grounds are so it's difficult to say if this will help you at all.

 

[sirisneha]

You will be allowed into Canada. It's possible you may be reported at the border for failing to meet the residency obligation. Or you may not be reported. Either way, you will be allowed into Canada.

If you are not reported, then you should remain in Canada without leaving until you meet the residency obligation and then apply to renew your PR card. Since you have been outside of Canada for more than three years, this means you will need to remain in Canada for 2 years straight without leaving before you can apply to renew your PR card.

If you are reported, then you will need to appeal the loss of your PR status and argue why you should be allowed to keep your PR status despite note meeting the residency requirement.

You haven't told us what your H&C grounds are so it's difficult to say if this will help you at all.

Hi, Thanks for replying back.
my H&C grounds are actually my child was born in canada in december 2020 that was a peak time of covid so i couldnt manage to bring help from backhome so immediately after my child born we applied for her passport and came to india because i was very weak and unbale to manage on self to manage my baby, so now due to health issues and also me and my husband are having conflicts and not staying together and divorce process was going on this reason i couldnt tarvel back.

 

[scylla]

Hi, Thanks for replying back.
my H&C grounds are actually my child was born in canada in december 2020 that was a peak time of covid so i couldnt manage to bring help from backhome so immediately after my child born we applied for her passport and came to india because i was very weak and unbale to manage on self to manage my baby, so now due to health issues and also me and my husband are having conflicts and not staying together and divorce process was going on this reason i couldnt tarvel back.

I don't know if these reasons will be accepted under H&C. The best outcome you have to hope for is that you are not reported when you enter Canada and then all you have to do is remain in Canada for two years without leaving to be able to renew your PR card.

Make sure you have your husband's written permission to take your child to Canada or alternatively if you are already divorced, that you have sole legal custody.

 

[sirisneha]

I don't know if these reasons will be accepted under H&C. The best outcome you have to hope for is that you are not reported when you enter Canada and then all you have to do is remain in Canada for two years without leaving to be able to renew your PR card.

Make sure you have your husband's written permission to take your child to Canada or alternatively if you are already divorced, that you have sole legal custody.

ok. am not bringing my child as of now she will be with my parents backhome. and we are not officially divorced.
and you also advice me how to convince to satisfy my H&C grounds

 

[scylla]

ok. am not bringing my child as of now she will be with my parents backhome. and we are not officially divorced.
and you also advice me how to convince to satisfy my H&C grounds

I'm sorry. I don't understand your question.

 

[sirisneha]

I'm sorry. I don't understand your question.

i need an advice, if they report me at the border how can i convince them to or appeal them or argue with them to not cancel my pr status

 

[scylla]

i need an advice, if they report me at the border how can i convince them to or appeal them or argue with them to not cancel my pr status

If you are reported at the border and want advice on how to appeal, then you should hire an immigration lawyer to help you.

 

[Naturgrl]

ok. am not bringing my child as of now she will be with my parents backhome. and we are not officially divorced.
and you also advice me how to convince to satisfy my H&C grounds

If child is not even in Canada then there are no H&C grounds for you based on having a Canadian child who lives in India. H&C is the hardships you will face in India or showing that you are well established in Canada (job, property etc) and cannot return to India.

Chances of being reported are low but if reported get an immigration lawyer.

Will you have full custody of your child? Is husband PR too?

 

[sirisneha]

I don't know if these reasons will be accepted under H&C. The best outcome you have to hope for is that you are not reported when you enter Canada and then all you have to do is remain in Canada for two years without leaving to be able to renew your PR card.

Make sure you have your husband's written permission to take your child to Canada or alternatively if you are already divorced, that you have sole legal custody.

Also if my reasons are not accepted, what will be the other option that help me, what reasons i can mention to immigration officers that satisfys

 

[sirisneha]

If child is not even in Canada then there are no H&C grounds for you based on having a Canadian child who lives in India. H&C is the hardships you will face in India or showing that you are well established in Canada (job, property etc) and cannot return to India.

Chances of being reported are low but if reported get an immigration lawyer.

Will you have full custody of your child? Is husband PR too?

i dont have any job property in canada as of now. yes in future i will have her custody, my husband is having candian citizenship. he has no plans of returning back to canada for time being at least for another 5 years

 

[sirisneha]

If child is not even in Canada then there are no H&C grounds for you based on having a Canadian child who lives in India. H&C is the hardships you will face in India or showing that you are well established in Canada (job, property etc) and cannot return to India.

Chances of being reported are low but if reported get an immigration lawyer.

Will you have full custody of your child? Is husband PR too?

i dont have any job property in canada as of now.

 

[canuck78]

i dont have any job property in canada as of now. yes in future i will have her custody, my husband is having candian citizenship. he has no plans of returning back to canada for time being at least for another 5 years

What are the H&C factors? Many couples had babies during Covid and remained in Canada. My own cousin had her 2nd child on her own during Covid and only had her mother stay for a week and that was mainly to take care of her toddler and she even had a c-section. That seems a bit crazy but it is not an uncommon situation. You would need to show that there was an exceptional circumstance why you and your spouse were unable to care for your baby on your own or was this just personal preference. Assume you stayed long enough for your child to have met the residency requirement to qualify for “free” access to provincial healthcare. You typically have to declare that your baby will meet residency obligation when signing up for a health card in the hospital. Most provinces require a 6 months stay. The fact that you have been living in India for 3+ years, your child has been living in India and is not accompanying you to Canada and your spouse/future ex-spouse also lives abroad doesn’t establish strong arguments that your life will be negatively affected if you can’t retain PR. PR renewal based on H&C applications also typically take over a year with no guarantee of approval so much better to wait out the 2 years and get established in Canada (find a job and home). If you are going to be a single parent you will also get a sense about whether you can financially afford to be a single parent in Canada. At a minimum to retain your PR you will have to return every 3 years for another 2 years.

 

[sirisneha]

What are the H&C factors? Many couples had babies during Covid and remained in Canada. My own cousin had her 2nd child on her own during Covid and only had her mother stay for a week and that was mainly to take care of her toddler and she even had a c-section. That seems a bit crazy but it is not an uncommon situation. You would need to show that there was an exceptional circumstance why you and your spouse were unable to care for your baby on your own or was this just personal preference. Assume you stayed long enough for your child to have met the residency requirement to qualify for “free” access to provincial healthcare. You typically have to declare that your baby will meet residency obligation when signing up for a health card in the hospital. Most provinces require a 6 months stay. The fact that you have been living in India for 3+ years, your child has been living in India and is not accompanying you to Canada and your spouse/future ex-spouse also lives abroad doesn’t establish strong arguments that your life will be negatively affected if you can’t retain PR. PR renewal based on H&C applications also typically take over a year with no guarantee of approval so much better to wait out the 2 years and get established in Canada (find a job and home). If you are going to be a single parent you will also get a sense about whether you can financially afford to be a single parent in Canada. At a minimum to retain your PR you will have to return every 3 years for another 2 years.

Yes, i completely got it now. Thank you for advising clearly