Renounce their PR Status or fight for their PR status?

[dbliss93]

The parents of an applicant were sponsored by their son who is a Canadian citizen years ago, but as of last year (right before the whole COVID situation begun) -- their PR status expired - because they didn't fulfill the residency requirements. They want to come to Canada now to visit their son.

Is it best for them to renounce their PR status and apply for a tourist visa to enter Canada, or to somehow fight for their PR status?

Please keep in mind, the circumstances with COVID and everything that is going on in the world now.

Kindest.

 

[scylla]

The parents of an applicant were sponsored by their son who is a Canadian citizen years ago, but as of last year (right before the whole COVID situation begun) -- their PR status expired - because they didn't fulfill the residency requirements. They want to come to Canada now to visit their son.

Is it best for them to renounce their PR status and apply for a tourist visa to enter Canada, or to somehow fight for their PR status?

Please keep in mind, the circumstances with COVID and everything that is going on in the world now.

Kindest.

Do they meet the residency requirement?

 

[armoured]

The parents of an applicant were sponsored by their son who is a Canadian citizen years ago, but as of last year (right before the whole COVID situation begun) -- their PR status expired - because they didn't fulfill the residency requirements. They want to come to Canada now to visit their son.

Is it best for them to renounce their PR status and apply for a tourist visa to enter Canada, or to somehow fight for their PR status?

Please keep in mind, the circumstances with COVID and everything that is going on in the world now.

Kindest.

There's a whole separate forum here on PR obligations and everything related.

https://www.canadavisa.com/canada-immigration-discussion-board/forums/permanent-residency-obligations.11/

Quick reaction is that it depends what they want to do - if they don't intend on living in Canada, and staying for a solid few years if they fight it and get admitted, then it may not be worth the candle.

 

[dbliss93]

Do they meet the residency requirement?

No the just missed it. They were close -- which is why I'm asking is it worth for them to try and renew it -- or to simply renounce it altogether and simply apply for the tourist visa.

 

[scylla]

No the just missed it. They were close -- which is why I'm asking is it worth for them to try and renew it -- or to simply renounce it altogether and simply apply for the tourist visa.

How close? How many days have then spent in Canada within the last five years?

Apart from COVID, what H&C reasons do they have for having remained outside of Canada.

 

[Naheulbeuck]

How close? How many days have then spent in Canada within the last five years?

Apart from COVID, what H&C reasons do they have for having remained outside of Canada.

Just to reinforce this, if you can give us/answer:

• Exact dates (in and out of Canada)
• If there are some specific reasons why they did not stay in Canada
• When they would realistically be able to come to Canada
• How long they would plan to stay in Canada

With those we can better help/recommend some way going forward.

 

[Naturgrl]

I have to ask…are you a consultant? Your questions are all over the board. Yesterday, you said “I have a friend…” who applied to NS PNP. Before that questions about CUSMA, FSW and PR Pathway.

 

[dbliss93]

How close? How many days have then spent in Canada within the last five years?

Apart from COVID, what H&C reasons do they have for having remained outside of Canada.

Thank you! They had to go back and take care of their elderly parents. I imagine this would be a solid point to bring up but is it worth it? Do the Immigration authorities they really look at these H& C reapplications...

 

[dbliss93]

I have to ask…are you a consultant? Your questions are all over the board. Yesterday, you said “I have a friend…” who applied to NS PNP. Before that questions about CUSMA, FSW and PR Pathway.

No, not a consultant. I have friends that I studied with in previous years - that know I live in Canada - so I would like to help them out.

 

[dbliss93]

Just to reinforce this, if you can give us/answer:

• Exact dates (in and out of Canada)
• If there are some specific reasons why they did not stay in Canada
• When they would realistically be able to come to Canada
• How long they would plan to stay in Canada

With those we can better help/recommend some way going forward.

• Exact dates (in and out of Canada) - They have been coming to Canada for only a couple of months at a time - since 2010
• If there are some specific reasons why they did not stay in Canada - They would come for very short periods - two or two months in the summer, the reason for not staying longer is because of taking care of their parents and they can only have a specialized nurse for just a couple of months at a time.
• When they would realistically be able to come to Canada - They can come as soon as possible because they have now a specialized nurse to take care of their parents.
• How long they would plan to stay in Canada - 6 months each year

Is it worth it for them to fight for it - or to simply renounce it - and apply for visitors visa (while also going through the sponsorship process again?)

Thank you!

 

[scylla]

• Exact dates (in and out of Canada) - They have been coming to Canada for only a couple of months at a time - since 2010
• If there are some specific reasons why they did not stay in Canada - They would come for very short periods - two or two months in the summer, the reason for not staying longer is because of taking care of their parents and they can only have a specialized nurse for just a couple of months at a time.
• When they would realistically be able to come to Canada - They can come as soon as possible because they have now a specialized nurse to take care of their parents.
• How long they would plan to stay in Canada - 6 months each year

Is it worth it for them to fight for it - or to simply renounce it - and apply for visitors visa (while also going through the sponsorship process again?)

Thank you!

Exactly how much time do you have in Canada in the last 5 years?

Do you have any siblings? If so, do they live in your home country or elsewhere?

 

[canuck78]

Would add that they were able to find a nurse for 2-3 months a year so the help is available but they are only now available to find help allowing them to stay for 6 months. What has changed?

 

[armoured]

• Exact dates (in and out of Canada) - They have been coming to Canada for only a couple of months at a time - since 2010
• If there are some specific reasons why they did not stay in Canada - They would come for very short periods - two or two months in the summer, the reason for not staying longer is because of taking care of their parents and they can only have a specialized nurse for just a couple of months at a time.
• When they would realistically be able to come to Canada - They can come as soon as possible because they have now a specialized nurse to take care of their parents.
• How long they would plan to stay in Canada - 6 months each year

Is it worth it for them to fight for it - or to simply renounce it - and apply for visitors visa (while also going through the sponsorship process again?)

If they were to get the PRTD/PR status, there's a high probability they would effectively need to remain in Canada for two years straight to become compliant with the residency obligation, and have problems departing and returning as they seem to intend to do.

This doesn't really seem to be part of their plans - just temporary residency regularly in Canada to see their son. I'm assuming no expectation they will work in Canada.

Their plans don't really correspond to 'permanent residence' in Canada. They would quite possibly in future have 'unexpected events' come up that would also make maintaining compliance difficult. Such future events may mean a repeat of the current situation.

So personal opinion only: I'm not convinced it makes sense for them to 'fight for it' (and it may not be successful and/or be costly). They don't really want to become permanent residents, established primarily in Canada.

That said, there are plenty of other aspects I do not know about their case and their needs, and I've made some assumptions which may be wrong. And there is no guarantee they will get a long-term TRV or similar after they renounce. So again, personal opinion only and not advice.