My mother has acquired the PR card in 2011, lived here in Canada for a week and returned back. She later got dementia (old age memory loss problem). I am PR here and wanted to bring my mother back. Her PR is doing to expire in Aug 2017. She has not met the residency requirement. She even could not able to answer any question of IO as she has the above problem and can not understand English. Can anybody has an idea how to deal in this situation. If she re-enters in Canada how can she renew the PR. As I mentioned she is a dementia patient, she might insist me to go back to origin country where she was living with her daughter (my sister) there.
Old PR mother but lived outside Canada wanted to come back
- Thread starter sohail2b
- Start date
Just for clarity on dates your mother gained PR and card August 2011 so can you clarify your statement PR card expires August 2017 , has the PR card not already expired ?
Dementia is a terrible disease to manage in a relative so without getting into details on a public forum have you consulted your mothers medical team in home country that even travelling back to Canada is a good thing given the challenges with dementia and the need for some familiarity in surroundings. Add to that have you confirmed the praticalities of getting into the provincial healthcare system to get continued support for your mothers condition given PR status/residency.
Dementia is a terrible disease to manage in a relative so without getting into details on a public forum have you consulted your mothers medical team in home country that even travelling back to Canada is a good thing given the challenges with dementia and the need for some familiarity in surroundings. Add to that have you confirmed the praticalities of getting into the provincial healthcare system to get continued support for your mothers condition given PR status/residency.
Your mother's PR has already expired in August 2016. There seems to be a chance that she might be allowed to enter Canada on Humanitarian & Compassionate grounds that she is suffering from a permanent illness. Another option is that you sponsor her which may take longer time.
the challenge though with h and c might be that the mother still has family in home country according the OP post.sharedknowledge said:
Dementia and alzeimers from what I understand gets progressively worse and needs to be managed in such a way that a sufferer is surrounded by familar things. Moving to Canada seems to be the opposite to this when also adding in the lack of English as well and even if receiving the OPs support everything including the healthcare will be unfamiliar.
Assuming the PR card has now expired then the mother will need of course a PRTD to even return which will highlight failure to meet residency and may get revoked then what ?
Ultimately this is such a personal situation that the OP might be better placed to seek professional advice as opposed to a forum both from health care professionals in Canada and home country before tackling the failure to meet residency to re enter the country. We all want the best for our parents but sometimes what we want might not be the best for them.
sohail2b said:
Normally if she got her PR card in 2011, it would have been expired in 2016. However, if it's really not yet expired, you can try bringing her here and see what happens. If she gets reported on entry, you could appeal for her. 1-2 years later, she would have to attend an appeal hearing and then it would be decided if she keeps her PR or not. If she doesn't get reported on entry, take care of her health card before her PR card expires and then sit tight and do not attempt to renew her PR card until she has spent a 2 full years in Canada.
If she loses her PR at this point, it's doubtful that you can sponsor her again. First you would have to meet income requirements and you would have to get your application in before the quota is filled but then she'd have to pass medicals. Having dementia, if it's bad enough for the doctor to notice, Canada immigration may well consider her needing care and not want to approve her for PR at this time.
sohail2b said:
As mentioned, only way to renew her PR card is to return before it expires, hope that CBSA doesn't report her for not meeting RO, and then wait inside Canada for straight years to come back into compliance with RO.
This means she can't leave Canada for ANY reasons during these 2 years . So if your sister can't visit to Canada, she will not see her for at least 2 years. If she left during these 2 years after PR card expires, odds are she will not be able to return and her PR status will be revoked.
Thankyou all for your advise and inputs. Actually her PR was issued in 2012 and now will expire in Aug 2017. She is dementia patient but it is not very worst right now but she is physically weak. What if after her arrival here in Canada and I request for her PR renewal knowing that she has not met the RO (did not stay here for 2 years) with a request that due to her condition she might have to visit the home country to and fro. I have a full desire that I should take care of her the best I can do here in Canada but if the condition demand I would want her to visit the home country, stay there for a while and then come back here. Hence, new/valid PR card would be required for this purpose. Anybody want to give expert advise or share any relevant experience, would be much appreciated.
sohail2b said:
In my opinion, she does not have valid H&C reasons to not meet the RO. She was living in her home country with relatives, instead of living in Canada where she would have had free healthcare treatments and you to support her. It was her personal choice to stay in her home country.
I think the PR renewal app would be denied which will result in starting process to revoke her PR status. You could then file an appeal during which time she'll be issued a temporary PR card to travel with. Appeals can take approx 2 years to hear and you would also be advised to hire a lawyer. If appeal is accepted she can keep her PR status, if its denied her PR status would be gone. I don't think an appeal would be successful though since she has family members (your sister) to support in her home country if her PR is revoked. IF she continues to travel back to home country for extended stays during the time waiting for appeal, this would just reinforce this point.
This is just my opinion though, of course the final say is up to CIC or appeals court.
sohail2b said:
Do not try to apply to renew her PR card early. They do not care about her situation now, they care if she had some reason why she could not meet the RO. So was she staying in home country in order to take care of a critically ill close relative? Or did she have major health issues herself that prevented her from leaving? If neither is the case, forget it. She can skype with your sister if your sister can't visit. You can help her skype if she can't figure it out. The only sure way to keep her PR is by staying for 2 years straight before trying to renew.
However, if she happens to get reported on entry and you appeal it, she can apply to renew her PR card for 1 year at a time. However, in order to win an appeal, she would have to show that she is now ready to settle in Canada and so she should not spend long periods of time outside Canada during the appeal processing.
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