PR card Expires before the 730 days required

[DVR]

Dear Leon,

Thanks for your prompt reply. Btw, FYI, Immigration knows very clearly that I do not meet RO because at the airport they asked me everything and I told the truth. IO have made notes of everything in the system. IO simply told me that I am not reporting you and I can go ahead and stay in Canada. she did not tell the reason why she is not reporting me. !!!! I think am very lucky.

Now I need to call my daughter here to accompany us but her TRV was rejected twice. So Now I am thinking of filing PR application so that at least in 6-8 months she can join us. she is just 3 years old.

So am I allowed to sponsor her now or I will have to wait till DEC 2015 till I renew my PR?

Please advise.

Thanks in advance.

 

[Leon]

Btw, FYI, Immigration knows very clearly that I do not meet RO because at the airport they asked me everything and I told the truth. IO have made notes of everything in the system.

My first reply still stands. Even though you told the IO that you did not meet the RO and they made notes in the system, immigration as a whole is still not aware that you do not meet the RO because the IO did not report you so no investigation was started. It is just a note in a computer system right now and nobody is looking at it.

If you apply to sponsor your child now, you can be sure it will be looked at. If you want excitement in your life and you want to risk your PR, then you should apply to sponsor your child and renew your PR card right now. You can fill us in on what happens.

However, if you want to keep your PR safe, you should not apply for anything until you have your 730 days.

 

[DVR]

Thanks Leon for your advise.

 

[DVR]

Dear Leon,

Thanks again for your advice about my issue. Btw, just to share with you that when I contacted canadavisa.com here in Toronto and spoke to 2 immigration lawyers i.e. Shiv and Adam, to my surprise both shared the same opinion that I can simply sponsor my younger daughter even though I have not met the RO obligation. !!!!!!!!! Also both told me that they can take my case and process the application.

Is it a Sales speech from them to take the retainership charges and then once some adverse result comes then simply blame it on CIC? OR are they really genuine and knowledgeable about the law?

Leon, Somehow I believe you ... so appreciate your view here.

Regards,

 

[ranjitbuttar]

Hi Leon
I read through this topic and really appreciate you helping people.
I am also in need of your suggestion regarding my parents situation:
My parents came to Canada on 2008. That time I was studying and could not support them. So they used to travel to here in between in order to complete the 2 years out of 5 years. Last year, I got job and from beginning of this year they have been staying with me. However, they will not be able to complete 730 days before their PR card expires. They need another 3 months before they can apply for PR renewal. Another thing is during these years they were not able to complete 153 days each year (requirement for eligibility to OHIP). They used their OHIP card sometimes in this time. Only last year, they received letter from Ontario that their health cards have been suspended and they need to prove that they stayed 153 days out of 1 year. We still cannot figure out how they got to know about this as i know people who hardly lived in canada but still their OHIP cards are valid. However, luckily, I got job in Quebec last year and they moved with me. There they got quebec health card. But this year i moved back to Ontario. We talked with Kingston center responsible for my parents health case and they asked us to bring all documents of their stay. Only thing we had was passport stamps and we gave them the record of visits. Now its been 3 months my parents have been staying in ontario with me but when we talked with them, they again refused to provide health coverage saying that theres no adequate proof that they resided here for 3 months and asked us to go to review committee (who have more access to information and can give us health coverage) to fight against the OHIP kingstton guys decision. We are trying to get documents proving that they stayed here last 3 months which they actually stayed. only documents we have is phone bills on my dad name, my mom's visits to doctor using quebec card (as quebec covers for 3 months when u leave the state). I have been cautious now and have started building proofs (bank accounts, doctors visits, appointments, phone bills) so that after 3 months they dont refuse me again. Now, I am worried that since health guys know the record of my parents visits, can they report my parents to CBSA and tip them about my parents. I am very worried that they might ask my parents to leave. After much effort, i have been able to secure my job and now can support my parents. We see our future in this country which can be shattered by this. Do you think we need to pursue review committee. Basically my two concerns:
1. How to get health coverage again. do we need to wait another 3 months period. Can we apply from scratch again or have to go through those guys to get OHIP coverage again. I will be getting private insurance for them for the time we dont have OHIP coverage, which is quite costly.
2. Is there any danger to the PR of my parents. If we keep silent and dont push OHIP for OHIP coverage they might not go to that extent where they can report my parents to CBSA.
Please suggest us the way out.
Thanks in advance

 

[Leon]

Dear Leon,

Thanks again for your advice about my issue. Btw, just to share with you that when I contacted canadavisa.com here in Toronto and spoke to 2 immigration lawyers i.e. Shiv and Adam, to my surprise both shared the same opinion that I can simply sponsor my younger daughter even though I have not met the RO obligation. !!!!!!!!! Also both told me that they can take my case and process the application.

Is it a Sales speech from them to take the retainership charges and then once some adverse result comes then simply blame it on CIC? OR are they really genuine and knowledgeable about the law?

Leon, Somehow I believe you ... so appreciate your view here.

Regards,

I am sure they will be happy to process your payment to help you sponsor your daughter as they will be happy to process your payment if you are called for an interview and have to appeal for your PR.

There was a poster on this forum who had a similar situation. She did not meet the RO. She applied to sponsor her son. She was called in for an interview. She was allowed to keep her PR because she had mitigating circumstances for not meeting the RO, taking care of ill mother in law in her home country.

If you are called for an interview, do you have such mitigating circumstances? If you do and you are certain that you will keep your PR if it comes to that, go ahead and apply.

 

[toronto65]

hi all,

i would be very happy if someone could be helpful.

my family is pr card owner since august 2011 and we live in toronto except my daughter. she was studying in a special private highschool in origin country so she came to canada only in august 2013 and now studies university in canada. she was planning to go out for new year holiday and then come back to school to canada. but last week she lost her pr card and there is no time enough to renew it. i have checked on the internet and the only solution is that she applys for permanent resident travel document to the consulate of canada visa office abroad. so my question as they are checking the days in canada (she spent 115 days in canada until now), could there be any problem for obtaining the travel document and also for the renewal of the lost pr card.

many thanks in advance

 

[zardoz]

hi all,

i would be very happy if someone could be helpful.

my family is pr card owner since august 2011 and we live in toronto except my daughter. she was studying in a special private highschool in origin country so she came to canada only in august 2013 and now studies university in canada. she was planning to go out for new year holiday and then come back to school to canada. but last week she lost her pr card and there is no time enough to renew it. i have checked on the internet and the only solution is that she applys for permanent resident travel document to the consulate of canada visa office abroad. so my question as they are checking the days in canada (she spent 115 days in canada until now), could there be any problem for obtaining the travel document and also for the renewal of the lost pr card.

many thanks in advance

She should do the maths to work out if she can still meet the residency obligation requirements. If not, she should not leave Canada for any reason. I think that she will be cutting it very close and may already be in difficulty when she tries to get a replacement PR card.

 

[birds]

Dear Leon,
You r really very helpful for all forum members.We landed on 4 June 2013 as permanent residents and after getting our pr cards we left the country on September 3 2013 .Now how much time we can stay overseas to maintain our pr status.Right now we have some family issues so we cannot go back.

 

[Leon]

Dear Leon,
You r really very helpful for all forum members.We landed on 4 June 2013 as permanent residents and after getting our pr cards we left the country on September 3 2013 .Now how much time we can stay overseas to maintain our pr status.Right now we have some family issues so we cannot go back.

You can stay outside a maximum of 1094 days in any rolling 5 year period so make sure your are back in August 2016 at the latest and if you have any proof of your travel date September 3rd, keep it in case you need it later.

When you have exhausted your 3 years allowed outside Canada, you will have to stay in Canada for a full 2 years after you are back in order to be able to renew your card in 5 years time.

 

[birds]

Dear Leon,
Thank you very much for your valuable information, You are very helpful. We have our return e- tickets with us and one more question please ,why it is August ,why not September 2016.

 

[Leon]

You said September 3rd so you should give yourself a cushion of at least a couple of days and return by the end of August, no later.

 

[birds]

Ok,thanks a lot Leon.If we will complete 3 years after August 2016 instead of 2 years can we become eligible for nationality ?

 

[Leon]

Yes, if you at any time spend 1095 days in Canada over a period of 4 years or less, you are eligible to apply for citizenship.

 

[birds]

HI Leon
Thanks a lot u have solved my confusion,as someone was telling me that it is now mandatory to complete certain number of days every year,which seems to be very difficult coming to Canada each year