I am a canadian citizen and my parents had PR from 2019 to 2024. They could not complete their residency requirements due to health issues and other genuine issues. Now they want to enter Canada again
We have been recommended to enter from US border. Can someone share what could be the impact of officer at border denying their entry?
Is it better to instead try extension of PR from outside Canada despite not completing the RO?
They cannot apply for an extension of PR from outside of Canada. There is no such thing.
They have two options essentially:
- Apply for a PRTD from outside of Canada under H&C and provide evidence of H&C considerations. If the PRTD is approved, then can then move to Canada. If the PRTD is not approved, they will formally lose their PR status.
- Fly to US and re-enter Canada through the land border. They cannot be refused entry but may be reported by CBSA for failing to meet the residency obligation. If they are not reported, they would then remain in Canada for two years without leaving and then apply to renew their PR cards. If they are reported, this will trigger the formal loss of their PR status and they will need to appeal this decision citing H&C reasons why they were forced to remain outside of Canada.
Note that for H&C, IRCC is generally more open to medical reasons why someone was unable to meet RO (provided those medical conditions were serious enough and long enough and there's evidence). Reasons such as employment, wanting to be with family, etc. are generally not accepted.
It's their choice if they try the PRTD route or try coming to the US and entering through a land border. Whichever option they pick, they should be prepared to move to Canada at this point and live here (not just visit temporarily).
