PR card ren

[canuck78]

How are her 3 children Canadian born if one was born in Morocco.? I would highly suggest not going. A baby born with respiratory problems could mean as little as a week or two needed in the NICU. If your niece was able to return to Canada for many years while her mother remained sick there must be other family who has did the caretaking. Does her mother have other family in Morocco? It is not only about proving that your mother was ill you have to prove that there was nobody else who could care for her mother.

 

[Desespere]

How are her 3 children Canadian born if one was born in Morocco.? I would highly suggest not going. A baby born with respiratory problems could mean as little as a week or two needed in the NICU. If your niece was able to return to Canada for many years while her mother remained sick there must be other family who has did the caretaking. Does her mother have other family in Morocco? It is not only about proving that your mother was ill you have to prove that there was nobody else who could care for her mother.

The child got automatic Canadian citizenship/passport as her father is Canadian. She did have more than just respuratory problems. Sge has some serious health issues which she is still dealing with right now.
As for her mom she lives by herself. No one to take care of her. From time to time a daughter in-law checks up on her. But my niece is her only daughter thus the length of stay.
Im just curious,but wouldn't the first year of absence from Canada not count as absence as she was travelling with her Canadian spouse & kids? ( at least this is what I read somewhere on a thread on this forum).

 

[canuck78]

A child can be Canadian but is not Canadian born if born abroad. It can have implication for the child's future children. If the child has ongoing medical issues that is more of a reason for the child to return to Canada once having left the hospital so ongoing care is no an excuse as long as the child is safe to travel (e.g. no ventilator' etc.). If the mother has sons, brothers/sisters, cousins who live nearby that is viewed as acceptable caregivers. Canada doesn't consider that it must be the daughter. If she was able to spend 2 years in Canada someone else was clearly taking care of the mother. If she was with her husband everyday then she could count the time together. They would have to show proof. The one issue is that to count it should be the PR accompanying the Canadian citizen for the time to count The rule is often not enforced. How was the family surviving if the husband and wife weren't working and they had 3 young children plus medical costs?

 

[Desespere]

A child can be Canadian but is not Canadian born if born abroad. It can have implication for the child's future children. If the child has ongoing medical issues that is more of a reason for the child to return to Canada once having left the hospital so ongoing care is no an excuse as long as the child is safe to travel (e.g. no ventilator' etc.). If the mother has sons, brothers/sisters, cousins who live nearby that is viewed as acceptable caregivers. Canada doesn't consider that it must be the daughter. If she was able to spend 2 years in Canada someone else was clearly taking care of the mother. If she was with her husband everyday then she could count the time together. They would have to show proof. The one issue is that to count it should be the PR accompanying the Canadian citizen for the time to count The rule is often not enforced. How was the family surviving if the husband and wife weren't working and they had 3 young children plus medical costs?

Thanks for replying & the info you included in your reply.
Her former husband had money to support his family during their stay. The husband had to return after one year of being there with them. I don't think there is anyway to prove that ad they are no longer together. They separated upon her return in 2015.
Her mom as I mentioned earlier relies on her with doctors visits, hospital stays, food etc...she doesn't have anybody else. During the these two years she was supporting her financially by remiting some money every month for medecine, visits to doctors, lab tests, food etc...
Now if it is really urgent that she goes for a visit with her kids could she have problems in applying for PRTD?
Considering she will be with her kids who attend school, would the officer in charge take this into consideration & at least give her the chance to appeal the decision here in Canada & await the result of her HC application? Because after all if she stays there the kids are staying too & that leads to another problem as her ex could claim that she kidnapped the kids.
Do you think we should vonsult a lawyer? At least if god forbid this senario happens a lawyer could start an appeal on her behalf here with my assistance.
Thank you.

 

[visavorpr]

It's a gamble at this point. It's not easy to get approved on hc grounds. If the father did not agree to the kids going on an international trip then she can't take them with her even if she's only going for a month, that would be already kidnapping. At the end what may happen is that she will be refused the travel document and she will have to return the kids to canada if the father gets involved. Or she might get approved but none of us would know that. She needs a lawyer.