Not Meeting PR Obligation For my Mother due To CoVID and other Circumstances

[ibtisamq]

Hi All,

I would appreciate your expert and kind feedback on this issue. My mother got her PR back in Nov 2017. She came over for landing the same year but had to leave after a few months as her father and mother got seriously (age related). They both died later in 2018. She wanted to stay back home for a bit to grieve their loss and when she was ready to be back, pandemic started and traveling wasn't an option for 2 years given her age. She also caught COVID twice, first 2020 but recovered well. Then at end of 2021 and stayed in ICU for over a month. Her lung function dropped to 30%. She survived by grace of God but it rendered her week so much so that she needed support to move around for next few months.

Her PR is expiring in December and we are weighing options to apply for renewal on H&C basis. What is the best approach here for application? Do we stand a chane? Will she be allowed entry into Canada in October while application is being processed which I believe takes months?

Thank you in advance for your valuable inputs.

Regards,
Ibtisam Qurashi

 

[steaky]

Hi All,

I would appreciate your expert and kind feedback on this issue. My mother got her PR back in Nov 2017. She came over for landing the same year but had to leave after a few months as her father and mother got seriously (age related). They both died later in 2018. She wanted to stay back home for a bit to grieve their loss and when she was ready to be back, pandemic started and traveling wasn't an option for 2 years given her age. She also caught COVID twice, first 2020 but recovered well. Then at end of 2021 and stayed in ICU for over a month. Her lung function dropped to 30%. She survived by grace of God but it rendered her week so much so that she needed support to move around for next few months.

Her PR is expiring in December and we are weighing options to apply for renewal on H&C basis. What is the best approach here for application? Do we stand a chane? Will she be allowed entry into Canada in October while application is being processed which I believe takes months?

Thank you in advance for your valuable inputs.

Regards,
Ibtisam Qurashi

Do you really want to roll your dice for H&C? She should take her chances to enter Canada in October instead. Finger crossed that she would be allowed into Canada without questions. Once she is in Canada, she should not attempt to renew her PR card until she meet the RO.

 

[dpenabill]

Hi All,

I would appreciate your expert and kind feedback on this issue. My mother got her PR back in Nov 2017. She came over for landing the same year but had to leave after a few months as her father and mother got seriously (age related). They both died later in 2018. She wanted to stay back home for a bit to grieve their loss and when she was ready to be back, pandemic started and traveling wasn't an option for 2 years given her age. She also caught COVID twice, first 2020 but recovered well. Then at end of 2021 and stayed in ICU for over a month. Her lung function dropped to 30%. She survived by grace of God but it rendered her week so much so that she needed support to move around for next few months.

Her PR is expiring in December and we are weighing options to apply for renewal on H&C basis. What is the best approach here for application? Do we stand a chane? Will she be allowed entry into Canada in October while application is being processed which I believe takes months?

Thank you in advance for your valuable inputs.

Regards,
Ibtisam Qurashi

A PR must be IN Canada to make an application for a new PR card. That is not an application to renew or continue PR status.

Since she is currently in breach of the PR Residency Obligation, her best chance of keeping PR status is to get here as soon as she can. And be prepared to explain her story to border officials at the Port-of-Entry, to make the H&C case to the border officials upon her arrival. It would help to have some (not a lot) of her medical records and of her parents' death, to document the key parts of her story.

Very difficult to predict whether she will be closely examined about this or not. She might be easily waived through the PoE. She might be questioned in depth. She might have an inadmissibility Report prepared against her and an interview with a second officer. She might be issued a Departure or Removal Order.

The latter is the worst case scenario, if the second officer is not persuaded her H&C case (her reasons for not coming here sooner) justifies allowing her to keep PR status. She will still be allowed to enter Canada and have thirty days to file an appeal. With family in Canada, and in the circumstances you describe, it should be worth pursuing the appeal . . . although many do this without a lawyer, it is better to have a lawyer's help with the appeal.

If she is waived through, or otherwise allowed into Canada with NO Removal or Departure Order being issued, as long as she plans to stay it is better to not make a PR card application until she has stayed long enough to be in RO compliance (it will take two years). Hopefully she can make an application for health care coverage while the PR card is still valid.

There are some other options, including a PR card application based on H&C (after she is IN Canada), but better to see how things go at the PoE, upon her arrival, and take into consideration what happens then.

 

[Ponga]

Hi All,

I would appreciate your expert and kind feedback on this issue. My mother got her PR back in Nov 2017. She came over for landing the same year but had to leave after a few months as her father and mother got seriously (age related). They both died later in 2018. She wanted to stay back home for a bit to grieve their loss and when she was ready to be back, pandemic started and traveling wasn't an option for 2 years given her age. She also caught COVID twice, first 2020 but recovered well. Then at end of 2021 and stayed in ICU for over a month. Her lung function dropped to 30%. She survived by grace of God but it rendered her week so much so that she needed support to move around for next few months.

Her PR is expiring in December and we are weighing options to apply for renewal on H&C basis. What is the best approach here for application? Do we stand a chane? Will she be allowed entry into Canada in October while application is being processed which I believe takes months?

Thank you in advance for your valuable inputs.

Regards,
Ibtisam Qurashi

Keep in mind that her PR is not expiring in December. Her PR card will expire, but not her PR status. She can still travel to Canada in October using her valid PR card, so don't apply for anything before that! As @steaky suggests, once she is in Canada she should wait until she has enough days to meet the R.O. (probably two years) before she applies to renew her card. This, of course, is only if she is not issued a 44(1) report when dealing with CBSA upon her return. If the officer sees, or suspects that she has not met the Residency Obligation (the only requirement to maintain her PR status) and does create the report, it could lead to her losing her status.

If she is allowed to enter without any extensive questioning (and no report) it may be difficult for her to actually `live' in Canada for 2 years before applying to renew her card. Without a valid PR card, it may not be possible to get things like a driver license, health care, etc.

 

[armoured]

If she is allowed to enter without any extensive questioning (and no report) it may be difficult for her to actually `live' in Canada for 2 years before applying to renew her card. Without a valid PR card, it may not be possible to get things like a driver license, health care, etc.

Depends on province but if she enters and applies for these things while the PR card is still valid, they should (usually) be issued for longer periods and not need to be renewed until well after PR status issue is resolved (and new card in hand).

 

[armoured]

it may be difficult for her to actually `live' in Canada for 2 years

I'm going to emphasize a different concern here: practically speaking, it would be highly inadvisable for your mother to travel until she is back in compliance. You can read through the forums here to get a sense of how that works (I'm not saying impossible to travel, but risky).

And as such need to consider: is this practical for your mother? Is she ready to live in Canada and not travel back to home country at all for several years?

 

[ibtisamq]

Hello Friends,

I really appreciate such in depth and quick response. From what I understand, our best chance is to have her fly in as soon as possible. Be prepared with documentation to explain to Border Officials if questioned for her prolonged absence.
If she's issued a departure or removal order then we need to be prepared to file an appeal within 30 days. If not, then the valid ask is if it's possible for her to stay in Canada without traveling for 18+ months to meet the minimum renewal criteria of 2 years. I think she will be able to do it (given that she stayed with us for an year on Super Visa before her PR) but what are the possibilities of renewing her health card and SIN in Ontario?

 

[steaky]

Hello Friends,

I really appreciate such in depth and quick response. From what I understand, our best chance is to have her fly in as soon as possible. Be prepared with documentation to explain to Border Officials if questioned for her prolonged absence.
If she's issued a departure or removal order then we need to be prepared to file an appeal within 30 days. If not, then the valid ask is if it's possible for her to stay in Canada without traveling for 18+ months to meet the minimum renewal criteria of 2 years. I think she will be able to do it (given that she stayed with us for an year on Super Visa before her PR) but what are the possibilities of renewing her health card and SIN in Ontario?

As soon as she enter Canada, she should renew her health card and get SIN while the PR card is still valid. The 3 months wait for OHIP is currently waived but no one knows if policy will change in October.

 

[ibtisamq]

As soon as she enter Canada, she should renew her health card and get SIN while the PR card is still valid. The 3 months wait for OHIP is currently waived but no one knows if policy will change in October.

Thank you. That is really helpful.
Is there anything else I need to check before her arrival. How do we know if her PR status is still active or no other surprises?

 

[steaky]

Thank you. That is really helpful.
Is there anything else I need to check before her arrival. How do we know if her PR status is still active or no other surprises?

Usually they check your PR card if it is valid, but gonna have to try.

 

[Ponga]

Thank you. That is really helpful.
Is there anything else I need to check before her arrival. How do we know if her PR status is still active or no other surprises?

Unless she knows if/why her actual PR status would no longer be valid, she should not worry that it has been lost. A valid PR card, along with her foreign passport is all she needs to travel back to Canada.

 

[ibtisamq]

Thank you all for your kind support, much appreciated

 

[canuck78]

Hello Friends,

I really appreciate such in depth and quick response. From what I understand, our best chance is to have her fly in as soon as possible. Be prepared with documentation to explain to Border Officials if questioned for her prolonged absence.
If she's issued a departure or removal order then we need to be prepared to file an appeal within 30 days. If not, then the valid ask is if it's possible for her to stay in Canada without traveling for 18+ months to meet the minimum renewal criteria of 2 years. I think she will be able to do it (given that she stayed with us for an year on Super Visa before her PR) but what are the possibilities of renewing her health card and SIN in Ontario?

She needs to remain in Canada for 24+ months and not 18+ months. She can not apply to renew her Pr card until she is back in compliance with her RO. If she was on track to be in compliance with her RO she could apply up to 9 months early but that is not her case. As long as she has a valid PR card she can reapply for her OHIP card. She actually never qualified for OHIP and should have never applied in the first place. In order to qualify for OHIP you must meet the OHIP residency requirements. If you aren’t going to meet the OHIP RO you shouldn’t apply or that’s healthcare fraud. You can be asked to repay any healthcare you used if you don’t meet the residency requirements. For SIN she also needs to have a valid PR card to change get her account out of dormant status. I assume she had notified CRA that she was not living in Canada and would have let CRA determine whether she was a tax resident since you can be a non-resident but a tax resident. If she didn’t have a spouse in Canada, no property, no other accounts, etc. she would likely have never been a resident or tax resident of Canada or have ever filed a tax return.