PR Renewal on compassionate grounds

[KRM67]

I moved to Canada in December 2012 along with my family and had mom also come in on super visa in July 2014. I spent most of year in Canada (a month or two away each year) but in March 2015 my mom had a brain stroke and was completely paralyzed on the right side with speech impairment. After the initial treatment in Canadian Hospital I took her back to the home country for rehabilitation and recovery. Just before I left, I applied for renewal of PR for all members of the family as our residency obligation was fulfilled. I was away for remaining part of the 2015 and came back to Canada in 2016 once I had made some temporary arrangements for my mom.

My PR renewal was held up during my absence and since my PR expired during my stay back in home country, The travel document was initially refused but was later granted on compassionate ground. Once I was back in Canada my PR was renewed. Since my family had continued to stay in Canada they all became citizen in 2017.

I had to go back to my home country around November 2016 to take care of my mom and since then I have been mostly away from Canada with few short visits. I have been filing my taxes as resident (strong ties as family in Canada) and paying good amount of taxes each year since 2013. My PR renewal is due in 2021 and I will be very short of my Residency Obligation.

Is the compassionate ground still an option? Can I hope to get it renewed? What other options do I have?

 

[k.h.p.]

You'd have to do more or less what you've already done:

- Either with a valid PR card attempt to travel to Canada and, if challenged at the border, explain the compassionate reasons you've missed your RO or get in without questioning and then not leave until you met the RO, or

- Wait until your PR card expires then apply for a PRTD and have that granted on compassionate grounds.

However: are you still required to take care of your mother? Will you actually settle in Canada? You'd likely have a case for compassionate grounds but you've already been granted them once and then not settled in Canada, it may be very difficult unless circumstances change to be granted it again and then still not settle in Canada.

You could renounce your PR and if your spouse is in Canada, have them sponsor you when you are ready to settle in Canada.

If settling in Canada is not in your immediate intention, fighting for compassionate grounds to renew PR card is likely not something you should count on succeeding, as you'd be renewing something you have no intention of meeting obligations on.

 

[canuck78]

If you are paying a lot of taxes I assume you are working. You were also able to return to visit Canada at least a few times as well. Who is caring for your mother during that time? If there are other family around who can care for your mother you lose your H&C reason.

 

[21Goose]

Since your wife is now a citizen, you are in a decent position. You may well lose your PR status, but she can sponsor you if you lose it, and you'll get it back after a year or so.