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Reinstatment of the PR status based on H&C

lofoten

Member
Mar 19, 2015
19
0
My parents lived in Canada for about 600 days after they landed. They didn't return during the pandemic. I am their only child. Can I apply for reinstatment of their PR status based on the humanitarian and compassionate reason? Do they need to be physically in Canada during the petition process? Thank you.
 

scylla

VIP Member
Jun 8, 2010
95,881
22,134
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
My parents lived in Canada for about 600 days after they landed. They didn't return during the pandemic. I am their only child. Can I apply for reinstatment of their PR status based on the humanitarian and compassionate reason? Do they need to be physically in Canada during the petition process? Thank you.
The situation isn't quite clear.

Was their PR status officially revoked or did they renounce it? If not, they are still PRs.

Assuming their PR cards are no longer valid and they don't have US visas, they need to apply for PR Travel Documents with H&C considerations. They will need to explain and provide evidence for having failed to meet the residency requirement (i.e., provide an H&C explanation for what kept them out of Canada). Their reasons will need to extend beyond COVID since COVID travel restrictions ended quite a long time ago.

If they have officially lost their PR status because it was revoked or they renounced, then in order to apply for PR under H&C, they must physically be in Canada at the time they submit the application.
 

lofoten

Member
Mar 19, 2015
19
0
Thanks Scylla. They didn't renounce the PR nor it was revoked. I am wondering if they can get the PRTD and return to Ontario, are they able to renew their Health Cards. If not, it is probably better to re-apply for the PR.
 

canuck78

VIP Member
Jun 18, 2017
55,605
13,529
Thanks Scylla. They didn't renounce the PR nor it was revoked. I am wondering if they can get the PRTD and return to Ontario, are they able to renew their Health Cards. If not, it is probably better to re-apply for the PR.
If they get approved for PRTD based on H&C then they will qualify to get health cards once they get a new PR card which could take a few months. If they try to come to Canada via the US border and try to enter without being reported they could be without health cares for 2.5+ years.