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Parents need to be out of canada due to medical emergency

hyperloop

Full Member
Nov 29, 2015
28
1
Hi,
My parents have canadian PR but due to delay in treatment, my mom had to go back to her home country end of last year. After the treatment, she and my dad got stuck due to lock downs and Canada suspending flights. As my parents were getting ready to come back a couple weeks back, my mom found out about needing further treatment that started last week. Given that her treatment would continue for 3-4 months, they would not be able to complete the 730day requirement in a 5 year period.
I am looking for general pointers as I begin searching for an immigration consultant.
(1) Do you know if it's possible to have an exception to the 730 day rule? given the medical emergency and covid flight suspensions
(2) Is there any recommendation for an immi consultant or lawyer?
(3) any general advice on what I could do to try to save my parents PR?

Thanks for your help!
 

hyperloop

Full Member
Nov 29, 2015
28
1
Treatment should be available but the wait time to see a specialist for evaluation and get chemo/other treatment started was like 2 months while her markers were up, so she flew back and got a petscan and chemo started a few days later in her home country.
There are doctors notes, pet scans, other reports, treatment plans etc available to put together as evidence.
 
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scylla

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Hi,
My parents have canadian PR but due to delay in treatment, my mom had to go back to her home country end of last year. After the treatment, she and my dad got stuck due to lock downs and Canada suspending flights. As my parents were getting ready to come back a couple weeks back, my mom found out about needing further treatment that started last week. Given that her treatment would continue for 3-4 months, they would not be able to complete the 730day requirement in a 5 year period.
I am looking for general pointers as I begin searching for an immigration consultant.
(1) Do you know if it's possible to have an exception to the 730 day rule? given the medical emergency and covid flight suspensions
(2) Is there any recommendation for an immi consultant or lawyer?
(3) any general advice on what I could do to try to save my parents PR?

Thanks for your help!
(1) There's no exception process.
(2) I would stay away from consultants. If you want professional help, go with an immigration lawyer.
(3) Are their PR cards still valid? They should return to Canada before their PR cards expire and then remain in Canada once they return without leaving until they meet the residency obligation. If they cannot return before their PR cards expire, then their options are either to fly to the US and re-enter Canada through a land border using a private vehicle. Or to apply for a PR travel document with H&C considerations once they are ready to return.
 
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hyperloop

Full Member
Nov 29, 2015
28
1
Thanks! PR cards are still valid and would be for 2 more yrs but by the time they come back, they wouldn't be able to meet the 2 yr stay obligation(couple months short) in total even if they stay for the remaining period. I read that border control agent can deny entry if even staying till expiry of PR card doesn't fulfill the 2 yr requirement.
Should I help them prepare a file with evidence on letting them enter based on health grounds?
 

canuck78

VIP Member
Jun 18, 2017
55,587
13,519
Thanks! PR cards are still valid and would be for 2 more yrs but by the time they come back, they wouldn't be able to meet the 2 yr stay obligation(couple months short) in total even if they stay for the remaining period. I read that border control agent can deny entry if even staying till expiry of PR card doesn't fulfill the 2 yr requirement.
Should I help them prepare a file with evidence on letting them enter based on health grounds?
They can’t deny entry but they can report them for not meeting their RO. You can provide evidence but not being able to seek care when they have access to health coverage in Canada would be a tough argument. The faster they return the better the chances of not being reported. A few months is unlikely to be an issue but they will need to remain in Canada until they meet their RO.
 

hyperloop

Full Member
Nov 29, 2015
28
1
They can’t deny entry but they can report them for not meeting their RO. You can provide evidence but not being able to seek care when they have access to health coverage in Canada would be a tough argument. The faster they return the better the chances of not being reported. A few months is unlikely to be an issue but they will need to remain in Canada until they meet their RO.

Yes, true. Thanks for the inputs.
 

hyperloop

Full Member
Nov 29, 2015
28
1
They can’t deny entry but they can report them for not meeting their RO. You can provide evidence but not being able to seek care when they have access to health coverage in Canada would be a tough argument. The faster they return the better the chances of not being reported. A few months is unlikely to be an issue but they will need to remain in Canada until they meet their RO.
What does being reported mean?