Residency obligation -renewal of PR

[sicu]

Hi Leon,
I would like to clarify few points regarding renewal of PR card ,-
1.The date of expiry on card is few days after the landing date - which one is the correct to be considered ?
2.My son was studying in the university as International student,
3.We landed in Sept 2007, and returned back to UAE .came back in 2009 Aug, again after few days we returned back as our parents are sick in India
My father in law had alziemers dis and Mother in law also was alone , and sick so we had to travel very frequently to India
My mother is also alone as I am the only child and we need to return to india every 2-3 months for their ill health.
4. my second son is also studying in the university, both have PR status
5 we have the property here.in my son's name,

Now my questions -
1 Since we do not complete the residency obligation - is it wise to take help of a lawer
2. Can we apply directly under normal conditions or Human & Compassionate ground
3 How long does H& C applications take to go through
4. should we apply first as normal application and then in interview show them the documents regarding parent's illness or right from the outset with the application
.

 

[CanV]

I am assuming you have not returned to Canada since 2009, and your PR card had already expired, correct?

.The date of expiry on card is few days after the landing date - which one is the correct to be considered ?

Neither one. It is the five years immediately before the date you apply for PR card or travel document.


1 Since we do not complete the residency obligation - is it wise to take help of a lawer

Up to you, but there is a risk of losing PR status so it depends on how important it is to you to keep the status.


2. Can we apply directly under normal conditions or Human & Compassionate ground

Normal conditions is when you meet residency requirements. You do not, so you will have to apply under H&C.


3 How long does H& C applications take to go through

Processing time should be the same unless they require further documentation and it takes you additional time to supply them.


4. should we apply first as normal application and then in interview show them the documents regarding parent's illness or right from the outset with the application

Send or take all documents with you. The burden of proof lays on your side, not theirs.

 

[sicu]

Thanks Can V ,
WE came 3-4 times to Canada after 2009.and stayed for few days each time, since our children are studying here
PR card is due to expire in October 2012.
When should we apply for renewal?
How useful is applications -urgent bases with proof of travel plus H & C application
What documents in addition are required to be sent along with H & C application ?
If card expires before the application is heard/settled - what to do? how can I enter to appear for hearing

 

[sicu]

Thanks Can V ,
I need further help-
Do I need to take full entry details from CBSF when I apply under H&C category
I have entry exit stamps of frequent travels to India ,& UAE- do I need to give details from my passport stamps on Passport copies alone or need to take details from UAE and India govt ?
Do I need translation of all UAE stamps - they show date of travel and exit/entry stamps in English along some Arabic details
Do I need to send notarized passport copies?
All the sickness certificates and hospital documents of our parents conditions from India need to be sent - along with first application ? Do they have to be notarized also?

HOw to send the documents - in the folder , separate files for each person , or both husband wife application together as family- sorry for my ignorance , but I really don't know whether I should apply on my own or through the lawyer - their charges are exorbitant 5K per appicationl!

If I send all the details along with documents , will the processing be done in normal 53 working days time shown at the site? ior take much longer?
Do I have to metion on the envelope - "H&C grounds" ?

Although I have lots of doughts , pl, advise , I need your sincere and genuine help.
Thanlks

 

[CanV]

Please refer to http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp

It will answer most, if not all, of your questions.

You do not need to send anything from CBSA or from any other governments. Your passports are the only documents required to verify entry and exits. You will need to have the stamps translated if they are in other languages. You do not need to have it translated by a certified translator, you can have a friend translate it an attach an affidavit to it. The copies of the passports you send need not to be notarized. It is better to certify documents such as hospital records if you bring them from foreign countries. The certification of course has to come from the authority governing those hospitals such as a ministry of health. I would not bother with additional certifications such as embassies, etc.

You should separate the files if you are sending them together, each application will be processed separately and a decision will be made on each case depending on the circumstances. But do include them both in the same mailing folder and make reference to each other, this way they will most likely be reviewed by the same officer at the same time. Processing time should be the same unless additional documents are required or need verification, which may not be likely. Do not mention H&C grounds on envelope, this will mean nothing to them, it is the documents you send that they will be making their decision based on.

Keep in mind that there is a chance they will ask you to go pick up the card from the office closest to you instead of mailing it to you.

 

[ranjan05]

Just to Add on what Can V Mentioned. If you translated your visa stamp from Arabic to English, you have to certify your passport copy. It is clear in CIC guide any document not in English/French has to be Translated & photocopy Certified. If you are getting it translated from certified Translator-No Need any Afidavit . You can go any any Bank /Pharmasict they can certify your passport copy. ( Certified Translator is not an approved person in canada to certify Documents Photocopy.). Notarization & cerification are 2 different things.

 

[sicu]

Residency obligation -renewal of PR

Thanks Ranjan 05, Can V -

I have another question - MY father in law dies of old age and Alziemers . He always refused to go any doctor, later it was difficult to take Ehim anywhere as he was bedridden and nursed at home .Eventually when he died, we have the Death certificate and burial certificate as well as church pastor letter stating the current situation of in laws and family, and need for son being ther all the time is there.
Will this suffice or doctor's certificate will be required , However as there was no regular family physician attending now it is difficult to obtain medical certificate. - What can we do - church letter , death certificate and burial letter to be certified ? by whom?

Any proof required for the parents to show as your parents ?- like birth certificate / school leaving certificate
While sending husband , wife, 2 kids application together - do we need to send marriage certificate , and childrens' birth certificate -
And will all these to be sent along with the first application of renewal -or when they call you for collection of the cards ?
Thanks again for your realistic , genuine and [prompt advise .