PR Renewal for Parents

[rahulsood]

My parents were granted permanent residency in 2011 under the entrepreneur class which doesnt exist anymore. The PR validity will be expiring by mid next year and i am facing an issue while completing their applications.
The issue pertains to them not being in canada for 1095 days since the time they were granted PR. They had been visiting me in Canada on and off but never stayed on for more than few months as certain personal situations couldnt allow for that. Their complete migration from India to Canada never could happen because of certain pressing reasons such as incomplete construction of their residence, health matters etc. On the renewal form it allows for 3 options, when you do not fit the 1095 day category, and my parents do not seem to be eligible for either of these options.
Is there anyway that by providing proof of the above pressing reasons, their extension will be granted?
Any kind of information/personal experiences/feedback/suggestions are highly valued at this point.
Thanks

 

[scylla]

The residency requirement for keeping PR status is 730 days IN Canada (not 1095 days).

Incomplete construction of their residence isn't an excuse for failing to meet the residency requirement. CIC won't care.

Health matters could be - but they have to be serious (e.g. one of your parents had a serious illness that involved extensive hospitalization and prevented them from traveling for a significant period of time). If they want to prove something like this, they would need to provide hard evidence such as hospitalization records, doctors' letters, etc. If the health matters were relatively minor and if they were still traveling during this time - they don't have a leg to stand on using this excuse.

What are the other pressing reasons that kept them outside of Canada? (FYI - anything related to finances won't be considered and will be ignored by CIC.)

If they don't have real reasons (i.e. reasons CIC will accept) for failing to meet the residency requirement, then they really have no hope of renewing their PR cards if they don't meet RO. If they truly wish to keep their PR status, they should travel to Canada before their PR cards expire and then remain in Canada for two straight years until they meet the residency obligation. Then they will be able to renew their PR cards and keep their status.

 

[rahulsood]

Thanks for the prompt reply and the information that you provided.
The chief reasons are however the ones that you mentioned CIC will reject, namely:

• house construction
  
  arranging funds for children's education in Canada
  
  arranging funds for my marriage
  
  Fathers operation ( not major ) but which was diagnosed with a month of bed rest
  
  awaiting my wife's spouse visa so that the whole family could relocate together.
  
  My wife's spousal sponsorship took a long while to come, because of the strike at the CIC New Delhi which ended later last year/beginning 2015.
  They also have investments in Canada, and both their children(my sibling and me) reside there.

Would you think these are reasons good enough to be granted an extension

 

[torontosm]

Thanks for the prompt reply and the information that you provided.
The chief reasons are however the ones that you mentioned CIC will reject, namely:

• house construction
  
  arranging funds for children's education in Canada
  
  arranging funds for my marriage
  
  Fathers operation ( not major ) but which was diagnosed with a month of bed rest
  
  awaiting my wife's spouse visa so that the whole family could relocate together.
  
  My wife's spousal sponsorship took a long while to come, because of the strike at the CIC New Delhi which ended later last year/beginning 2015.
  They also have investments in Canada, and both their children(my sibling and me) reside there.

Would you think these are reasons good enough to be granted an extension

None of these seem to be reasons that CIC would accept as reasonable. 730 days in 5 years is not a lot, and people who are serious about living in Canada should not have any trouble in fulfilling the requirement. People who want to keep their PR as an insurance policy, however, likely will.

 

[scylla]

No - these aren't H&C reasons for failing to meet the resdiency obligations.

If your parents want to keep their PR status, they will need to return to Canada before their PR cards expire and then remain here without leaving until they meet the residency reqirement. Then they can apply to renew their PR cards. Note that there is a chance they may be reported when entering Canada for failing to meet RO. If this happens they will have to attend a hearing to argue why they should be allowed to keep their status.

It's time for them to decide how important Canadian PR status really is to them. So far they have demonstrated that it isn't.

 

[rahulsood]

Their visas expire mid next year and they were planning on going next month.
Do you advise not travelling as im sure we wouldnt be wanting a Q&A session at the immigration department at the airport?
Say, for example they arent granted the extension, does this make it difficult for them to get the super-visa in future?