PR Renewal Not Met Residency Obligation-Urgent Question

[luci1209]

Hi.

My parents received their PR in 2009 and it was expired in 2014 but by that time they haven't fulfilled their 2 year requirement so they stayed in canada for a year and it was renewed in 2015 under humanitarian grounds after an interview with the immigration. Now the PR card expiry is march 2020 but until now they have fulfilled only 10 months residency in canada. My mother's health card is not working when i checked with the clinic even though the expiry date is 2023. I need to know if they come here before the PR expiry date what are the chances to have their PR status renewed and have the health card activated. and is there is a chance to reapply again under humanitarian grounds since all their children's are Canadian citizens

Looking forward for your advice.

Thank you

 

[k.h.p.]

If they haven't met the residency obligation again they would need to either be lucky and be admitted without being reported for RO violation or win another appeal based on humanitarian concerns.

The health card issue is most likely related to residency: in many provinces, you actually have to be resident in the province to receive health insurance.

To be honest, your parents were lucky to have their PR status saved in 2015 and then they did exactly what they shouldn't have done and left Canada again. Unless they have significant humanitarian reasons why they spent nearly four years outside the country in violation of the RO again, they should expect to lose their PR.

Their health card may require them to actually be resident in the province for 3-6 months before they are eligible again, depending on the province.

 

[luci1209]

If they haven't met the residency obligation again they would need to either be lucky and be admitted without being reported for RO violation or win another appeal based on humanitarian concerns.

The health card issue is most likely related to residency: in many provinces, you actually have to be resident in the province to receive health insurance.

To be honest, your parents were lucky to have their PR status saved in 2015 and then they did exactly what they shouldn't have done and left Canada again. Unless they have significant humanitarian reasons why they spent nearly four years outside the country in violation of the RO again, they should expect to lose their PR.

Their health card may require them to actually be resident in the province for 3-6 months before they are eligible again, depending on the province.

Thank you for your quick response, can you please explain me whether the PR 5 year period is calculated by the period stated in the PR card or the past 5 years from the date of PR renewal application received.

Also is there is a chance if they were not reported to stay in Canada for another 14 months and cover the PR residency obligation period and reapply for PR renewal.

Further after entering canada and staying for around 6 months and fulfilling the health card requirement for residency obligation can they apply for heath card activation with expired PR card.

Looking forward for your kind response.

Thank you

 

[k.h.p.]

Thank you for your quick response, can you please explain me whether the PR 5 year period is calculated by the period stated in the PR card or 5 years from the date of PR renewal application.

Also is there is a chance if they were not reported to stay in Canada for another 13 months and cover the PR residency obligation period and reapply for PR renewal.

Further after entering canada and stsyibv for around 6 months and fulfilling the health card requirement for residency obligation xan they apply for heath card activation with expired PR card.

Looking forward for your kind response.

Thank you

The five year period is from any time you interact with IRCC or CBSA. It has nothing to do with the card. For example, if they arrived at the border tomorrow, they would need to look back at the past five years (So January 22, 2015 - January 22, 2020) and count 730 days in Canada.

If they were not reported at the border, they could stay long enough to meet their residency obligation and then apply for a new card.

The health card depends on the province. Some provinces will accept an expired PR card as identification.

 

[luci1209]

The five year period is from any time you interact with IRCC or CBSA. It has nothing to do with the card. For example, if they arrived at the border tomorrow, they would need to look back at the past five years (So January 22, 2015 - January 22, 2020) and count 730 days in Canada.

If they were not reported at the border, they could stay long enough to meet their residency obligation and then apply for a new card.

The health card depends on the province. Some provinces will accept an expired PR card as identification.

Thank you again for your immediate response.

Do you know whether Ontario will activate health card with expired PR card.

If they were reported and appeal was unsuccessful , is there is any chance they can visit canada in future under supervisa.


Thank you

 

[k.h.p.]

I don't know about Ontario - that should be something easily enough Googleable.

If they lose their PR status, I'm not sure if they'd get a supervisa, though they obviously don't have any intention to permanently live in Canada, so maybe.

 

[luci1209]

I don't know about Ontario - that should be something easily enough Googleable.

If they lose their PR status, I'm not sure if they'd get a supervisa, though they obviously don't have any intention to permanently live in Canada, so maybe.

Thank you again for your quick response.

 

[canuck78]

Your parents may have also used their health cards in the past without meeting the residency obligation to receive healthcare. You can’t just arrive and use OHIP.

Would suggest you look at the specific residency obligation. You can be asked to pay back the cost of care if they were never entitled in the first place.

 

[luci1209]

Your parents may have also used their health cards in the past without meeting the residency obligation to receive healthcare. You can’t just arrive and use OHIP.

Would suggest you look at the specific residency obligation. You can be asked to pay back the cost of care if they were never entitled in the first place.

Thank you for your information. So if they come do they need to pay any past outstanding before they can use the OHIP facility and after paying the amount due if any how long will it take to get their OHIP Card activated.

 

[canuck78]

Thank you for your information. So if they come do they need to pay any past outstanding before they can use the OHIP facility and after paying the amount due if any how long will it take to get their OHIP Card activated.

I am not sure if that is one of the reasons their OHIP is frozen. They can be asked to pay back if they used services they were not entitled to. Would make sure you read the residency requirements to receive OHIP. Sounds like they will need to wait 3 months at a minimum. Would call OHIP to see why the card is frozen. You are supposed to notify OHIP when you leave Canada for a significant amount of time. Would suggest you do some reading about OHIP.

To qualify for OHIP, you must meet all of the minimum qualifications listed below plus at least oneof the additional requirements.

To meet the minimum qualifications you must:

• be physically in Ontario for 153 days in any 12‑month period
• be physically in Ontario for at least 153 days of the first 183 days immediately after you began living in the province
• make Ontario your primary home

http://www.health.gov.on.ca/en/public/publications/ohip/docs/travel.pdf

 

[luci1209]

I am not sure if that is one of the reasons their OHIP is frozen. They can be asked to pay back if they used services they were not entitled to. Would make sure you read the residency requirements to receive OHIP. Sounds like they will need to wait 3 months at a minimum. Would call OHIP to see why the card is frozen. You are supposed to notify OHIP when you leave Canada for a significant amount of time. Would suggest you do some reading about OHIP.

To qualify for OHIP, you must meet all of the minimum qualifications listed below plus at least oneof the additional requirements.

To meet the minimum qualifications you must:

• be physically in Ontario for 153 days in any 12‑month period
• be physically in Ontario for at least 153 days of the first 183 days immediately after you began living in the province
• make Ontario your primary home

http://www.health.gov.on.ca/en/public/publications/ohip/docs/travel.pdf

Thank you

 

[Ikki1]

Hello!
I have resided in Canada only for 21 months in 5 Years and my wife has stayed only 1 month. We both are in Canada but both our PR cards are expired. Our son is here with us on a TRV. I would like to know if I can sponsor my son for PR or should i apply for his visitor record now and wait to sponsor him until I meet my residency obligation and renew my PR card.

PLEASE ADVICE.

 

[k.h.p.]

Hello!
I have resided in Canada only for 21 months in 5 Years and my wife has stayed only 1 month. We both are in Canada but both our PR cards are expired. Our son is here with us on a TRV. I would like to know if I can sponsor my son for PR or should i apply for his visitor record now and wait to sponsor him until I meet my residency obligation and renew my PR card.

PLEASE ADVICE.

You can't sponsor him until you meet your residency obligation. You don't need a valid PR card to do that, you just need to meet the RO.

 

[Ikki1]

Thank you for your quick response, can you please explain me whether the PR 5 year period is calculated by the period stated in the PR card or the past 5 years from the date of PR renewal application received.

Also is there is a chance if they were not reported to stay in Canada for another 14 months and cover the PR residency obligation period and reapply for PR renewal.

Further after entering canada and staying for around 6 months and fulfilling the health card requirement for residency obligation can they apply for heath card activation with expired PR card.

Looking forward for your kind response.

Thank you

Yes, Ontario accepts expired PR cards as ID proof for making a new health card but returnjng and new comer residents need to wait for 3 months after landing until you apply for health card. Until then you can get a 3 month health insurance for them.

I recently got mine and my family's health cards on expired PR cards after a wait of 3 months from their date of arrival. I got a 3 month health insurance to cover for any health expenses.

 

[Ikki1]

You can't sponsor him until you meet your residency obligation. You don't need a valid PR card to do that, you just need to meet the RO.

Is it ok if I apply for my 4 year old sons visitor record? He is here on. TRV and will complete his initial 6 months soon( 5th March). Will I or my wife come under the radar of IRCC for not meeting the RO?