What does her H&C say. RC-1? Do your children have a visa exempt passport? Do you have a spouse who also is coming to Canada?
residency obligation
- Thread starter toronto_man
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Hi..my sister got PR in 2013 .did soft landing for a month and never returned back.recently she applied for PRTD on h&c grounds which got approved.she has 2 small kids.now she wants to come to canada & wants to settle here..she is not compliance with RO as only stayed for 30days.what will be her chances to get approved for PR Renewal ? exactly what she needs to do after coming to canada.for staying in canada she only has Expired PR card & sin number as I.D.how can she include her children in PR application ? if anyone could guide me it will be easier for me.thank you in advance
I have quoted the previous post again because of the discrepancy in who this is about. You? Or your sister? Makes no difference to me but it makes it more difficult to sort through things.thank u for explaining more...my PRTD approved on the h&c grounds so do u know anything further that what would be the next steps after returning to canada ? what are my chances for approval of new pr card ?
In addition, you posted similar queries in another part of the forum, and for which you got very good responses from @scylla, who appears to be keeping better track of ongoing developments in a range of matters well beyond what I do.
I cut back my activity here a number of years ago to focus on a few issues; PR Residency Obligation issues is among those I still follow, and in doing so I have indirect exposure to ongoing developments in related matters, like PRs with RO issues who want to sponsor children or partners. But I do not keep up with the details affecting sponsoring dependents.
In any event, again my impression is you already received some good responses from @scylla . . . for example this one:
If your PRTD was approved under H&C then you can apply to renew your PR card without meeting RO.
Are you planning to bring your children to Canada on a TRV / tourist visa before they have PR? If so, your children won't qualify for health care benefits until they have PR. You will have to buy private insurance to cover emergencies and pay for all other care out of pocket. It's possiible you may also not qualify for health care coverage until your PR card has been renewed.
You can't go on government assistance (welfare / social assistance). If you go on government assistance the application to sponsor your children will be refused. You can however apply for the Canadian Child Tax Benefit once both you and your children are in Canada. This is not enough money to live on. You will need to bring savings with you to Canada to have enough money to live if you do not plan to work.
IN TERMS OF YOU PERSONALLY UPON ARRIVAL IN CANADA:
Apart from the complications about how to bring your children, when, sponsoring them for permanent status, and providing a life for them in Canada, you have identified some key elements involved in just YOU coming and settling in Canada, and in particular the impact of having an expired PR card on things like applying for and obtaining government insured health care coverage, and the process for "PR card renewal."
As I have said, and as @scylla responded a number of weeks ago, the PR TD issued for H&C reasons means (as long as the PR TD is valid) you can board transportation destined for Canada (of course you also need a valid passport) and upon arrival you SHOULD then be allowed to enter Canada without being reported for not meeting the Residency Obligation. And, moreover, you should be able to promptly apply for a new PR card. Most PRs who have failed to meet the RO should WAIT two years to apply for a new PR card. This is because their compliance with the RO is determined in processing the PR card application. But your RO has been determined based on H&C reasons. So it should be OK to proceed to apply for a new PR card soon.
In the meantime, while IN Canada, your CoPR and expired PR card, or at least the PR TD, are your best evidence of your status in Canada. This should suffice for some reasons. Might not be enough for some and you will need to wait to get the new PR card (which right now is a process that has, at the very best, fallen WAY, WAY behind due to Covid-19 protective measures). If you have your expired PR card, that should be good enough to qualify for health care coverage in at least the Province of Ontario (it recognizes expired PR cards for a period of several years past the expiry date). I do not know about other provinces. And in Ontario, the last I saw Ontario is waiving waiting periods (one among many Covid-19 related measures), so you might be able to qualify for OHIP (the Ontario Health Insurance Program) very soon after arrival rather than waiting (but you will need to visit the OHIP online information to verify this and how it works, for whom it works).
But to be clear, these are not easy times. As @scylla suggested in the other part of the forum, you quite likely will need some substantial savings (or a Canadian based benefactor? family?) to support you for a significant period of time in Canada.
And back to bringing the children: I'd refer you back that other part of the forum for more coverage of questions related to getting temporary visas and making the sponsorship applications for the children. What I can offer is that the H&C decision on your PR TD application means that, ONCE IN Canada, you can being the sponsorship process without having to wait to have been in Canada two full years. Dependent, of course, on meeting all the other eligibility requirements for sponsoring dependents.
the reason for h&c is demise of her mother in low & after that she had 2 small kid & taking care of old family memmber so couldnot return to canada in past 5 years.. i suppose it says RC-1.no visa exempt passport but a valid visitor visa.no her spouse is govt servant so wont be able to join her ..me & my spouse already a canadian PR living in canada since 1 year now..i m asking all these because i want to know what kind difficulties she is going get after landing here with her kids with expired PR card & also no Health card & no bank account here..What does her H&C say. RC-1? Do your children have a visa exempt passport? Do you have a spouse who also is coming to Canada?
Hi..thank you for getting back to me.i posted same query few days back & it is for my sister only.me & my spouse already canadian PR Living in canada since 1 year.i m only asking because my sister got PR 7 years back & so i just wanted to know how easy or tough her case would be.also her spouse wont be able to join her in canada.she is thinking of coming alone here with her 2 kids assuming we are here to take care of her.i just want to know whether to renew the pr card is this much easy that no matter what is one's RO even if its only a month stay in canada.I have quoted the previous post again because of the discrepancy in who this is about. You? Or your sister? Makes no difference to me but it makes it more difficult to sort through things.
In addition, you posted similar queries in another part of the forum, and for which you got very good responses from @scylla, who appears to be keeping better track of ongoing developments in a range of matters well beyond what I do.
I cut back my activity here a number of years ago to focus on a few issues; PR Residency Obligation issues is among those I still follow, and in doing so I have indirect exposure to ongoing developments in related matters, like PRs with RO issues who want to sponsor children or partners. But I do not keep up with the details affecting sponsoring dependents.
In any event, again my impression is you already received some good responses from @scylla . . . for example this one:
IN TERMS OF YOU PERSONALLY UPON ARRIVAL IN CANADA:
Apart from the complications about how to bring your children, when, sponsoring them for permanent status, and providing a life for them in Canada, you have identified some key elements involved in just YOU coming and settling in Canada, and in particular the impact of having an expired PR card on things like applying for and obtaining government insured health care coverage, and the process for "PR card renewal."
As I have said, and as @scylla responded a number of weeks ago, the PR TD issued for H&C reasons means (as long as the PR TD is valid) you can board transportation destined for Canada (of course you also need a valid passport) and upon arrival you SHOULD then be allowed to enter Canada without being reported for not meeting the Residency Obligation. And, moreover, you should be able to promptly apply for a new PR card. Most PRs who have failed to meet the RO should WAIT two years to apply for a new PR card. This is because their compliance with the RO is determined in processing the PR card application. But your RO has been determined based on H&C reasons. So it should be OK to proceed to apply for a new PR card soon.
In the meantime, while IN Canada, your CoPR and expired PR card, or at least the PR TD, are your best evidence of your status in Canada. This should suffice for some reasons. Might not be enough for some and you will need to wait to get the new PR card (which right now is a process that has, at the very best, fallen WAY, WAY behind due to Covid-19 protective measures). If you have your expired PR card, that should be good enough to qualify for health care coverage in at least the Province of Ontario (it recognizes expired PR cards for a period of several years past the expiry date). I do not know about other provinces. And in Ontario, the last I saw Ontario is waiving waiting periods (one among many Covid-19 related measures), so you might be able to qualify for OHIP (the Ontario Health Insurance Program) very soon after arrival rather than waiting (but you will need to visit the OHIP online information to verify this and how it works, for whom it works).
But to be clear, these are not easy times. As @scylla suggested in the other part of the forum, you quite likely will need some substantial savings (or a Canadian based benefactor? family?) to support you for a significant period of time in Canada.
And back to bringing the children: I'd refer you back that other part of the forum for more coverage of questions related to getting temporary visas and making the sponsorship applications for the children. What I can offer is that the H&C decision on your PR TD application means that, ONCE IN Canada, you can being the sponsorship process without having to wait to have been in Canada two full years. Dependent, of course, on meeting all the other eligibility requirements for sponsoring dependents.
PR card processing is taking 100-200 days these days.Hi..thank you for getting back to me.i posted same query few days back & it is for my sister only.me & my spouse already canadian PR Living in canada since 1 year.i m only asking because my sister got PR 7 years back & so i just wanted to know how easy or tough her case would be.also her spouse wont be able to join her in canada.she is thinking of coming alone here with her 2 kids assuming we are here to take care of her.i just want to know whether to renew the pr card is this much easy that no matter what is one's RO even if its only a month stay in canada.
Do her children have TRVs? There is no guarantee that your children will be able to get TRVs and it will take a long time for the application to be processed.the reason for h&c is demise of her mother in low & after that she had 2 small kid & taking care of old family memmber so couldnot return to canada in past 5 years.. i suppose it says RC-1.no visa exempt passport but a valid visitor visa.no her spouse is govt servant so wont be able to join her ..me & my spouse already a canadian PR living in canada since 1 year now..i m asking all these because i want to know what kind difficulties she is going get after landing here with her kids with expired PR card & also no Health card & no bank account here..