Physical presence requirement - health issue

[mct1]

Posting this on behalf of a family friend.

Became PR Aug 2021 / Hard landed Oct 2021. (Apologies for the confusion - Aug 2021, soft landed, collected PR Card, returned Oct 2021)
Flew back to India for a holiday Nov 2021
Diagnosed with Cancer - spent a year in India for the treatment. (1 Year)
Currently in Canada ; total time spent in Canada ~ 500 days

Is it possible to file a petition seeking time spent in India for medical reasons to be counted towards Physical presence requirement?

Any inputs will be helpful.

 

[Besram]

Posting this on behalf of a family friend.

Became PR Aug 2021 / Hard landed Oct 2021.
Flew back to India for a holiday Nov 2021
Diagnosed with Cancer - spent a year in India for the treatment. (1 Year)
Currently in Canada ; total time spent in Canada ~ 500 days

Is it possible to file a petition seeking time spent in India for medical reasons to be counted towards Physical presence requirement?

Any inputs will be helpful.

Your friend is currently in compliance with the residency obligation because he/she can still be in Canada for 730 days or more in the first 5 years after becoming a permanent resident. As such, there is no need for receiving additional credit for time spent in India.

 

[canuck78]

Posting this on behalf of a family friend.

Became PR Aug 2021 / Hard landed Oct 2021.
Flew back to India for a holiday Nov 2021
Diagnosed with Cancer - spent a year in India for the treatment. (1 Year)
Currently in Canada ; total time spent in Canada ~ 500 days

Is it possible to file a petition seeking time spent in India for medical reasons to be counted towards Physical presence requirement?

Any inputs will be helpful.

Even if it was in the 5 years period he would not be able to count time abroad towards RO. He did a soft landing and returned to India. There was no proof he even intended to move to Canada at an earlier date. He also likely already had health issues when landing in Canada that he didn’t declare.

 

[scylla]

Posting this on behalf of a family friend.

Became PR Aug 2021 / Hard landed Oct 2021.
Flew back to India for a holiday Nov 2021
Diagnosed with Cancer - spent a year in India for the treatment. (1 Year)
Currently in Canada ; total time spent in Canada ~ 500 days

Is it possible to file a petition seeking time spent in India for medical reasons to be counted towards Physical presence requirement?

Any inputs will be helpful.

No, not possible.

 

[YVR123]

Posting this on behalf of a family friend.

Became PR Aug 2021 / Hard landed Oct 2021.
Flew back to India for a holiday Nov 2021
Diagnosed with Cancer - spent a year in India for the treatment. (1 Year)
Currently in Canada ; total time spent in Canada ~ 500 days

Is it possible to file a petition seeking time spent in India for medical reasons to be counted towards Physical presence requirement?

Any inputs will be helpful.

So he has till Oct 2026 to meet his RO (2 years out of 5 years).
I don't see any issue if he continues to stay in Canada and then renew his PR card by then or 9 months before it expires.

BTW he became PR in Oct 2021, NOT Aug 2021. (He may have gotten the approval or the COPR copy in Aug 2021)

 

[mct1]

Even if it was in the 5 years period he would not be able to count time abroad towards RO. He did a soft landing and returned to India. There was no proof he even intended to move to Canada at an earlier date. He also likely already had health issues when landing in Canada that he didn’t declare.

Not sure i understand this - he did his landing before the expiry of his landing document, not sure what action would classify as "intent" to stay. i am not certain when his cancer was diagnosed, i can check on that, as far as i know it was during his visit back in Nov 2021. He was stuck in a different country due to covid and hadn't been to india for a couple of years, hence the trip post hard landing.

 

[mct1]

So he has till Oct 2026 to meet his RO (2 years out of 5 years).
I don't see any issue if he continues to stay in Canada and then renew his PR card by then or 9 months before it expires.

BTW he became PR in Oct 2021, NOT Aug 2021. (He may have gotten the approval or the COPR copy in Aug 2021)

Ok - since the PR card has the effective date same as the landing date, i believed that that is when he became a PR

 

[Besram]

Ok - since the PR card has the effective date same as the landing date, i believed that that is when he became a PR

The landing date is the date he became PR.

 

[YVR123]

Not sure i understand this - he did his landing before the expiry of his landing document, not sure what action would classify as "intent" to stay. i am not certain when his cancer was diagnosed, i can check on that, as far as i know it was during his visit back in Nov 2021. He was stuck in a different country due to covid and hadn't been to india for a couple of years, hence the trip post hard landing.

soft landing or hard landing, it doesn't matter. There is no such procedure to request for time spent outside to be used as physical present days.

If by the time he left Canada without meeting his RO in the future, he could apply PRTD to travel back to Canada and that could be used as H&C to allow him to come back and then meet his RO and then renew his PR card.

BUT nothing can be done before any of this happens. He still meets his RO now and he has plenty of time from now to make sure that he will meet his RO when he needs to renew his PR card.

 

[YVR123]

Ok - since the PR card has the effective date same as the landing date, i believed that that is when he became a PR

That's NOT true. Many PR cards are processed later than the landing and has an expiry later than 5 years from landing date. You need to know his landing date to properly calculate his RO.

 

[canuck78]

Not sure i understand this - he did his landing before the expiry of his landing document, not sure what action would classify as "intent" to stay. i am not certain when his cancer was diagnosed, i can check on that, as far as i know it was during his visit back in Nov 2021. He was stuck in a different country due to covid and hadn't been to india for a couple of years, hence the trip post hard landing.

As already indicated there is nothing called a hard landing he did a soft landing in Oct 2021 and left right away so not really a vacation from Canada he never established a life in Canada. Cancer treatment is rarely 1 year in length especially with no symptoms beforehand.

 

[mct1]

As already indicated there is nothing called a hard landing he did a soft landing in Oct 2021 and left right away so not really a vacation from Canada he never established a life in Canada. Cancer treatment is rarely 1 year in length especially with no symptoms beforehand.

Would you mind elaborating a little on this please? "Cancer treatment is rarely 1 year in length especially with no symptoms beforehand." - i dont understand what you are trying to imply here.

 

[canuck78]

Would you mind elaborating a little on this please? "Cancer treatment is rarely 1 year in length especially with no symptoms beforehand." - i dont understand what you are trying to imply here.

I find it unusual that there are no symptoms before landing that would have needed to be reported as any change in medical history if they arrived in India and very quickly got diagnosed with cancer and started receiving treatment. Technically possible if stage 1-2 that just requires surgical intervention but that is not 1 year of treatment.

 

[mct1]

I find it unusual that there are no symptoms before landing that would have needed to be reported as any change in medical history if they arrived in India and very quickly got diagnosed with cancer and started receiving treatment. Technically possible if stage 1-2 that just requires surgical intervention but that is not 1 year of treatment.

sorry i still dont understand - what do you mean by " report change in medical History" - after one becomes a PR , do they have to report their Medicals to IRCC? is that what you are saying? what does " very quickly" mean? does detection of cancer take a lot of time? "stage 1-2 that just requires surgical intervention but that is not 1 year of treatment" you mean more than 1 year or less than 1 year? and what cancers are these if you can let me know -

Just to clarify the purpose of this thread was to identify any existing provision or precedent where on humanitarian grounds especially something like cancer - treatment sought abroad counts towards Residency Obligation

 

[armoured]

Just to clarify the purpose of this thread was to identify any existing provision or precedent where on humanitarian grounds especially something like cancer - treatment sought abroad counts towards Residency Obligation

The only answer that matters was provided above by @Buletruck (and those who repeated the same point or checked that info was correct):

Your friend is currently in compliance with the residency obligation because he/she can still be in Canada for 730 days or more in the first 5 years after becoming a permanent resident. As such, there is no need for receiving additional credit for time spent in India.

The rest is blather. To what end, Lord only knows.