Parents coming back after a long stay out of Canada

[planningtogo]

Hi.

My parents were granted PR in 2017. However, my dad was only able to stay in Canada for 3 mos then went home. My mom's cumulative number of days of stay is 1 year and 6 mos. Both are back home now. They were supposed to come back last year but covid hit (we've got plane tickets to prove it). We're now planning to have them fly back to Canada sometime this year or early 2022 (we wantr them to be fully vaxxed first) but our concern is their PR cards are only valid til August 2022.

If they try coming back, would there be an issue or will they be allowed entry? I was told by IRCC agent that it depends on the CBSA if they'll be allowed since they still have a valid PR card.

I guess I'm more worried about my dad's case because of his number of stay in Canada. Should I be worried about my mom too? Also, has there been a case where an individual arrived at a Canadian airport but ended up being sent back home?

Has anyone been in this situation before and how did it go? Any advise would be appreciated. Thanks!

 

[scylla]

They will be allowed to enter but may be reported for failing to meet the residency requirement. Note that the requirement is calculated from the landing date and not based on the PR card date. They will definitely be allowed into Canada. It's a matter of whether they will be reported or not.

 

[planningtogo]

Thank you, Scylla. Reported like IRCC will be notified about them not able to fulfill their required presence in Canada? What are the possible consequence(s) if they will be reported?

 

[YVR123]

Thank you, Scylla. Reported like IRCC will be notified about them not able to fulfill their required presence in Canada? What are the possible consequence(s) if they will be reported?

worst case is that they are determined not meeting their RO and their PR can be revoked.

 

[steaky]

Starting soon, all commercial air travellers and passengers on interprovincial trains and large marine vessels with overnight accommodations (such as cruise ships) will have to be vaccinated.

https://www.cbc.ca/news/politics/federal-government-mandatory-vaccinations-1.6140131

Depending how fast they could get fully vaccinated, perhaps they might consider to come here partial vaccinated.

 

[canuck78]

Hi.

My parents were granted PR in 2017. However, my dad was only able to stay in Canada for 3 mos then went home. My mom's cumulative number of days of stay is 1 year and 6 mos. Both are back home now. They were supposed to come back last year but covid hit (we've got plane tickets to prove it). We're now planning to have them fly back to Canada sometime this year or early 2022 (we wantr them to be fully vaxxed first) but our concern is their PR cards are only valid til August 2022.

If they try coming back, would there be an issue or will they be allowed entry? I was told by IRCC agent that it depends on the CBSA if they'll be allowed since they still have a valid PR card.

I guess I'm more worried about my dad's case because of his number of stay in Canada. Should I be worried about my mom too? Also, has there been a case where an individual arrived at a Canadian airport but ended up being sent back home?

Has anyone been in this situation before and how did it go? Any advise would be appreciated. Thanks!

Would add that they likely both need to reapply for health coverage because they have been outside of Canada for such a long period of time. Depends on how long your mother stayed in Canada and when. Your father was never entitled to receive healthcare because he didn’t meet the RO for healthcare and could be asked to pay back any healthcare he used in the 3 months.

 

[planningtogo]

Would add that they likely both need to reapply for health coverage because they have been outside of Canada for such a long period of time. Depends on how long your mother stayed in Canada and when. Your father was never entitled to receive healthcare because he didn’t meet the RO for healthcare and could be asked to pay back any healthcare he used in the 3 months.

We've canceled my Dad's coverage when my Mom applied for Pharmcare. Also, my moms health card is, I believe, valid until next year. Would that make any difference coverage-wise for my mom?

 

[planningtogo]

worst case is that they are determined not meeting their RO and their PR can be revoked.

To be honest, we're expecting it especially for my Dad because of his number of stay in Canada. However, we hope our mom would still be able to renew given she only needs 6 mos to meet the residential obligation (maybe we're too hopeful about it?). If their PR gets revoked (knock on wood), is there an appeal process for it?

 

[scylla]

To be honest, we're expecting it especially for my Dad because of his number of stay in Canada. However, we hope our mom would still be able to renew given she only needs 6 mos to meet the residential obligation (maybe we're too hopeful about it?). If their PR gets revoked (knock on wood), is there an appeal process for it?

When did they land and get PR in 2017? The 5 years is calculated from the date of landing and is not based on PR card expiry. Basically your mother would need to make sure she re-enters Canada with at least six months remaining from the 5 year anniversary date of her landing.

Yes, there's an appeal process.

 

[canuck78]

We've canceled my Dad's coverage when my Mom applied for Pharmcare. Also, my moms health card is, I believe, valid until next year. Would that make any difference coverage-wise for my mom?

A valid card doesn’t mean anything. She must meet the RO to receive health coverage in the province which is different than RO for PR requirement. Usually it is over 6 months every year. You should look at the residency requirements to retain health coverage in the province you live in. If you don’t meet the RO you must reapply.

 

[planningtogo]

They will be allowed to enter but may be reported for failing to meet the residency requirement. Note that the requirement is calculated from the landing date and not based on the PR card date. They will definitely be allowed into Canada. It's a matter of whether they will be reported or not.

I just need some clarification about an officer reporting my parents.

If my parents get reported, they'll still be able to enter Canada, is that correct?
Will my sister (sponsor) be sent a correspondence afterwards regarding IRCC's decision whether to deport my parents or not? Is that instantaneous?

Thanks!

 

[scylla]

I just need some clarification about an officer reporting my parents.

If my parents get reported, they'll still be able to enter Canada, is that correct?
Will my sister (sponsor) be sent a correspondence afterwards regarding IRCC's decision whether to deport my parents or not? Is that instantaneous?

Thanks!

Yes, they will be allowed to enter Canada.

I'm not sure I understand the second question. If they are reported, they will need to appear at a hearing to determine if they will be allowed to keep their PR status. They will need to present an H&C argument for why they had to remain outside of Canada and were unable to meet the residency requirement. This process will have nothing to do with your sister.

 

[planningtogo]

Yes, they will be allowed to enter Canada.

I'm not sure I understand the second question. If they are reported, they will need to appear at a hearing to determine if they will be allowed to keep their PR status. They will need to present an H&C argument for why they had to remain outside of Canada and were unable to meet the residency requirement. This process will have nothing to do with your sister.

Do you know after how many days/weeks/months from the 'report' date will my parents be advised they will need to appear at a hearing?

 

[scylla]

Do you know after how many days/weeks/months from the 'report' date will my parents be advised they will need to appear at a hearing?

I don't.

 

[planningtogo]

I don't.

Hi Again,

My parents were admitted back here in May with no issue. Unfortunately, they've decided to leave Canada for good this month. They've availed the healthcare benefits (check ups) and also receive GST benefits (They file their taxes yearly even when they're back home).

Since they have no plans of coming back and for sure they won't be admitted because their PR expired in August, do we have to do anything? Should we be worried about the benefits they've received and will be receiving (GST) from the government? Thanks!