Request on H&C grounds for extension/waiver of 730 days requirement out of Can

[ryan007]

Hi,
I need to land in Canada by 11th April 2012. I intent to request to the Canadian authoritiesr an extension/waiver of the 730 days requirement to be in Canada as in my case my mother is suffering from cancer (stage 4) and I am needed to be nearer to my hometown to provide financial and care facilities to relieve my sisters who are currently taking care of her.
Can some one please advice me on where do I send this request with all necessary backups ?
I live and work in Dubai.
Thanks in advance
Ryan

 

[Leon]

You can not apply for this beforehand. Land before your visa expires and then when you are ready to to to Canada for good, you go. If you have at that point been outside Canada for more than 3 years total, you will be unable to meet the residency requirements. You can mention that when you enter the country or not. If you state that it was because of your mothers illness, they will most likely let you enter without a problem but when you apply to renew your PR card, you will have to show proof of your mothers illness, medical records etc. unless you stay for a full 2 years without leaving, even letting your PR card expire, in that case, you will meet the requirements again and will not need any proof.

 

[ryan007]

Hi Leon,
Many thanks for your response. Maybe I was not clear as to 11th April being the date after which I will not be meeting the 730 days needed to be in Canada. My PR card is valid till 17th Nov 2013. Inbetween I need to make multiple entries and exits in and out of Canada and finally once my mom passes away is when I will be making my final entry into Canada. I was thinking of prempting the Canadian authorities by informing them in advance of my predicament, as not appearing to hide anything from them. I have all the medical papers of my mothers illness besides the process which is underway of achieving a professional license (P.ENGG) for my engineering qualifications from PEO to give confidence of my ultimate aim of settling in Canada with my wife and son who are already there since 2008 and will be qualifying for Canadian citizenship this month.
Hope to have made myself clearer now. Seeking your expert advice considering all of the above.

 

[Leon]

Many thanks for your response. Maybe I was not clear as to 11th April being the date after which I will not be meeting the 730 days needed to be in Canada. My PR card is valid till 17th Nov 2013. Inbetween I need to make multiple entries and exits in and out of Canada and finally once my mom passes away is when I will be making my final entry into Canada.

You can try to notify them somehow but really, there is nothing you can apply for beforehand that will allow you not to meet the residency requirements. As you are travelling in and out of Canada and they start asking you if you meet the residency requirements, you can tell them about your mothers illness and they will enter it into their system.

 

[ryan007]

Thanks Leon,
Yes, you are right, probably I should notify them. Any idea on where to notify the authorities. Is it ok if I send the notification letter/communication with backups to the Canadian Embassy here in Abu Dhabi-UAE?
Best regards
Ryan

 

[Leon]

Yes, you can send it to the embassy but it is really not necessary. You can just tell the immigration officer on entry next time you enter Canada.

 

[ryan007]

Thanks Leon, I will take your advise and inform the authorities on my forthcoming visit.

 

[ryan007]

Hi Leon,
I landed on 26th April and was flagged to the immigration section by the customs. There the officer was not sure why I was referred to her but she guessed as I had returned after a year staying out of the country. I was then asked for my return tickets out of Canada which I did show to them along with my mother's illness records and dads dementia/death certificate. The officer even told me that as of now there are no issues with my residency status but I would have to furnish all these backups while applying for a renewal of my PR card in Nov 2013. As you had said earlier, she made a note in the system.
Now, today I had visited the Settlement Ontario location in Aurora to renew my health card which they said would not be possible due to my not meeting the 6months (183 days) stay in the country over the previous 12 months, which I found to be strange as my case is genuiene and I expected them to be considerate. However, they told me that I could get a new health card after a three month waiting period provided I come for good and give evidence of mailed bank statements for a period of three months or any utility bills in my name which will give them the assurance of living in Canada on a permanent basis. In my case , my health cover has been taken away, which I would like to caution / inform immigrants in a similar situation to be ready for.
Thanks Leon for your advice and help in my case.
Best regards
Ryan...

 

[scylla]

It makes sense that your health care coverage was taken away since you don't meet residency requirements. There are no H&C considerations given for health care coverage. You either meet the residency requirements or you don't.

I hope your mother's health improves and good luck.

 

[ryan007]

Dear Advisors (Leon, Scylla,.....)
Since my last post, I have visited my family in Canada once during last Christmas and have logged in 205 days stay in Canada since my date of landing. Since my family (wife and son) were in Canada all this time, they have applied for their citizenship and have received a confirmation of their application and the necessary preparatory kit to appear for the citizenship examination.
In the meantime, I have informed last week, the Canadian Embassy here in UAE of my reason for staying away from my family due to health reasons of my mother who continues to suffer from Cancer. In the meantime, I have visited my mother in India on three occassions since last year and have taken her to her native place to meet her sister and relatives and also I had got her to Dubai for a short break to relieve my elder sister with whom she prefers to reside.
My query is wrt application for renewal of my PR. I am visiting Canada next week for two and a half weeks to file my taxes and be present for my sons birthday, during which I intent to apply for renewal of PR Cards of me and my family.
Should I apply just for me with all supporting papers of why I have not been able to meet the 730days stay in Canada and latter on after a couple of weeks apply for my wife and son's PR renewal (as their case is clear) or should I apply for renewal of all three together? Would it make a difference in their decision in renewal of my PR along with my families (incase I apply all together) or do you advice to apply separately as I donot want their case for PR renewal and citizenship to land into trouble.Pls Advise

 

[Leon]

I think you should apply for the PR cards separately. If you try to apply for a PR card renewal with H&C reasons, your application will probably take forever but there is not much you can do about that.

 

[ryan007]

Thanks Bro for your response.

Do you recommend I consult a immigration lawyer during my forthcoming visit?

Is it advisable, or do I go on my own ?

Don't have much faith in these guys (with all due respects to the genuine ones though)....as I dealt with one from here and I had a feeling the guy was ripping me off by charging me 250$ for every email response , even if it was a two sentence response besides not in the interest of me as well.....

 

[DVR]

Dear Ryan007,

After reading your post, I understand that we have a similar issues. I am also based in Dubai. we can get in touch here help each other.

regards,
DVR

 

[ryan007]

Hi Leon,
Wanted to update you and seek your advice on an email response I received a short while ago from the Canadian Embassy in Abu Dhabi a shortwhile ago to the latest update on my case which I had communicated on the 7th of this month, which goes as follows:

Dear Sir/ Madam,

This is in response to your recent email enquiry.

Surrendering your Canadian permanent residence (PR) status means you agree that you do not meet the residency requirements of a PR of Canada and/or confirm that your personal/professional circumstances have changed and you cannot comply with the residency obligations of a PR of Canada. This is an important decision. You should carefully consider the option of applying for Permanent Resident Travel Document.
If you do not meet the residency obligation of a PR of Canada and you wish to surrender your status , you need to fill out the a blank Voluntary Surrender Form. However ,should you meet the residency obligations of a PR of Canada and you wish to surrender your status you need to fill the IMM 5539B.

The above forms are attached to this email. It is important that you fill out the form which is applicable to you.

In addition, to the above form you need to need to complete the Entry/ Exit form attached. Please note that you need to provide us with information pertaining to the entry(s) to Canada and exit(s) from Canada.

Please keep a copy for your records and send the forms to us along with your two proof of identity with signature (Passport bio page, Permanent Resident Card, Driver License, etc.). For details as to how you can send it please refer to our website www.uae.gc.ca.

If you wish to apply for a temporary resident visa (TRV - visitor/student/worker), please note, that this document does not guarantee that you will be granted a visa. You must be able to satisfy a Visa Officer that you would leave Canada at the end of your proposed visit.

If you have applied for or are in possession of a Canadian Health Care card, you must return this upon surrendering your status as this may only be used by persons living in Canada. You must also return your expired Permanent Resident Card and/or your landing document.

Please also consult the Citizenship and Immigration Canada website at www.cic.gc.ca for more information

We trust that this information will be of assistance.

Regards
Immigration Section / EP
Embassy of Canada , Abu Dhabi , U.A.E
P.O. Box 6970, Abu Dhabi, United Arab Emirates"

My communication to them which goes is as follows:
Dear Concerned Canadian Embassy Official,

Please find attached the scanned copies of two letters faxed to your good offices on the 7th of April 2013 & 9th of April 2012 regarding renewal of my Permanent Residence status under Humanitarian & Compassionate grounds when I apply for the same during my immediate future visit to Canada this month end.

I have enclosed all the necessary annexures , backups relating to my case and look forward to a positive consideration of my most unique and deserving case. I continue to have ties with Canada interms of my immediate family i.e. son & wife being residing and schooling and working in Ontario-Canada and me qualifying recently for and receiving a "Provisional Engineer" status from Professional Engineers of Ontario (PEO) Canada. I would be shifting to Canada for good this October and would request renewal of my Permanent residence status ( PR Card specific) to have the flexibility of traveling to my home country - India on very short notice due to the deteriorating health of my mother who is suffering from Cancer (stage 4) (annexures attached).

Please acknowledge receipt of this communication and I would like to request your good offices to consider positively my case for renewal of my Permanent Residence status when I apply for the same when I travel to my home in Canada this month end for my sons birthday.

Thankyou for your attention.

With kind regards"

What is the best option left for me in the current situation that I am in.....Please advice as I leave for Canada within 24 hours.

 

[Leon]

Go ahead and enter Canada. They have to let you in with a valid PR card but they could offer you to renounce your PR or that they may report you for not meeting the residency requirements. If you renounce your PR, your wife can sponsor you for PR again and with a new PR, you clock for residency starts from zero and you are allowed 3 years outside Canada again. If you get reported and are offered to appeal, you could see if they accept your reasons for staying outside. You will have to show proof of course. It is also possible that nothing happens and you are just allowed to enter.