PR Card expired Out of Country and Residency Obligations concern - Pls Advise.

[nitup]

Hello,

I have a concern about a permanent resident card that is expired out of the country.
My mother in law become a PR in March 2006. In her first 5 years, she has spent over 3 years in canada. She last went back home in February of 2011 and has not come back since.

Her PR card expired in March 2011 (as expected, at the 5 year mark) while out of the country. At this point, we were not concerned how long she stayed out of canada, because she had already completed the 2/5 year requirement in canada. And that now, her new residency obligations have started in march 2011. We knew that when she wanted to come back, we could get a travel document and she could fulfill her 730 days in her second 5 years as well.

Now in Nov 2012, we are completing the application for a travel document. When calculating residency obligations, it states 'how long in canada the past 5 years?' If we calculate from Nov 2012 to 5 years back she does not meet the 730 days. Because she is nearing almost 2 years out of the country, the first two years after landing are not being included in that calculation.

I dont understand this. Doesnt a new 5 year period roll over in march 2011? And why isnt the 730 residency obligation start from this date? But on the application, they are only asking for the last 5 years, I assume from the time of applying. In this way, she does not complete the 730 days.

In her first 5 years as a PR, she has met the requirements and in the next 5, she will also meet them. So why does it appear to me, that in the appication they are just basing it on the last 5 years, without considering the actual 5 years from PR issue? I think it doesnt make sense to just say 'last 5 years' when in reality she has completed over 3/5 years between march 2006-march 2011. and there is no reason to believe she wont complete it in the next 5 years, march 2011-march 2016. Am i not understanding something?

Also, is it a problem applying for a travel document with a PR card that has been expired 1.5 years? She was not able to travel any sooner than this due to health reasons.

Any help would be greatly appreciated.

Thanking you in advance..

???

 

[scylla]

Yes - unfortunately there's something you've misunderstood about the residency obligation.

There's no start or finish to the five year period. The five years is rolling. This means that at any given time, your mother must have two years of residency in Canada in the last five years to ensure she can maintain her PR status. This is why the travel document application is asking about the last five years. The last five years is all that matters. What happened earlier is irrelevant.

It's not a problem that she's applying for a travel document 1.5 years after her PR card has expired. What is a problem is that she doesn't meet residency requirements because in the last five years, she has failed to live in Canada for 730 days.

You should include as much proof as you can in the travel document application that your mother was unable to return to Canada earlier due to health issues.

Hope this helps.

 

[nitup]

Thank you so much for your prompt reply. If this is the case, then she has just missed her obligations by about 60 days.

Is it likely that they will consider the health issues as reason enough for being out of the country for so long? she is a senior and dependant on her son financially.
she was unwell, and being that we work full time, there was not sufficient care for her here in canada.

I read that we can appeal if the application is denied,,but how long is this process? and if the appeal is denied, then what happens?

 

[scylla]

It's difficult for any of us to say whether they will consider the health issues. It does depend what those heath issues were and if they truly prevented your mother from traveling to Canada. It would be best if you can provide letters from doctors confirming that your mother was unable to travel due to a serious illness and/or was hospitalized (if so, provide hospitalization records). I'm not sure that you working full time will be considered as a valid argument. You should be able to show that she wasn't well enough to travel and had no choice but to remain where she was.

Forget about using any financial arguments. CIC doesn't consider this as a reason for failing to meet residency requirements.

I would focus on the travel document for now. Try to provide as much evidence as you can and submit the application as soon as you can. Hopefully you don't get to the appeal stage.

 

[nitup]

Thank you so much again for your help. We will get on this ASAP.

 

[butetebetlog]

Hello,

I have a concern about a permanent resident card that is expired out of the country.
My mother in law become a PR in March 2006. In her first 5 years, she has spent over 3 years in canada. She last went back home in February of 2011 and has not come back since.

Her PR card expired in March 2011 (as expected, at the 5 year mark) while out of the country. At this point, we were not concerned how long she stayed out of canada, because she had already completed the 2/5 year requirement in canada. And that now, her new residency obligations have started in march 2011. We knew that when she wanted to come back, we could get a travel document and she could fulfill her 730 days in her second 5 years as well.

Now in Nov 2012, we are completing the application for a travel document. When calculating residency obligations, it states 'how long in canada the past 5 years?' If we calculate from Nov 2012 to 5 years back she does not meet the 730 days. Because she is nearing almost 2 years out of the country, the first two years after landing are not being included in that calculation.

I dont understand this. Doesnt a new 5 year period roll over in march 2011? And why isnt the 730 residency obligation start from this date? But on the application, they are only asking for the last 5 years, I assume from the time of applying. In this way, she does not complete the 730 days.

In her first 5 years as a PR, she has met the requirements and in the next 5, she will also meet them. So why does it appear to me, that in the appication they are just basing it on the last 5 years, without considering the actual 5 years from PR issue? I think it doesnt make sense to just say 'last 5 years' when in reality she has completed over 3/5 years between march 2006-march 2011. and there is no reason to believe she wont complete it in the next 5 years, march 2011-march 2016. Am i not understanding something?

Also, is it a problem applying for a travel document with a PR card that has been expired 1.5 years? She was not able to travel any sooner than this due to health reasons.

Any help would be greatly appreciated.

Thanking you in advance..

???

Hi! Isn't your mother in law eligible to apply for citizenship? She has stayed for over 3 years and has been a PR for over 4 years?

 

[Leon]

Hi! Isn't your mother in law eligible to apply for citizenship? She has stayed for over 3 years and has been a PR for over 4 years?

No, to apply for citizenship she would need 1095 days (3 years) in Canada in the past 4 years and she needs to be in Canada to apply. She may have been eligible if she had applied before she left Canada but if she doesn't have 730 days in the past 5 years, she certainly doesn't have 1095.

 

[Msafiri]

nitup,

Does your MIL

1. Hold a nationality that is visa exempt for entry to Canada as a visitor? If yes then book a return flight and deal with the residence issue at the airport.

2. Have a valid US Visa? if yes and she is able to get to a US border then cross via a land entry and deal with the residence issue at the border.

If no to 1 and 2 then its the TD route with details and proof of compelling reasons as to her absence including medical letters.

Good luck

 

[Mike_Thompson]

Have a few questions and may be able to help you. Drop me an email if you'd like.

 

[nitup]

Hi all,, sorry I hadn't got any email notifications that I had some unread replies.

Well what brings me back here now is that my mother in laws request for travel document has been rejected. We had supplied some medical documents stating that she was unfit to travel, but they have still refused entry.

They say we have to appeal.

Is this a long process? What is the success of such appeals? If the appeal is rejected, does that mean she may never enter canada again? Or can she reapply from scratch as new PR? Or at least enter canada as a visitor? Is it advisable to hire a lawyer for this appeal process?

Someone mentioned that if she has a US visa, she can reach the US and try to enter canada by road? Is this a realistic option? Especially now that she has already been refused? Perhaps it was an option before applying?

This is very stressful for our family and we have no idea where to start. Sorry for the many questions but I hope someone can shed some light on the situation.

Thanks a bunch!

 

[canadav1]

to Msafiri,

really good information but does that really work? 1st one, will they ask the for visa waiver passport i used to enter or can you just show your expired PR + Confirmation of Permanent Residence. or pr only will suffice?
because i am worried the passport is not registered with my pr and also has 2 minor letter misspelling, I'd rather not show it.

what kinda of questions can i expect ?