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Returning to Canada after almost 3 years outside the country

butyak01

Full Member
Jan 13, 2013
28
3
Hi, Everyone!

My mom has been away in Canada for almost 3 years in November. She is a permanent resident but she has to stay in the Philippines for treatment. We are so clueless on what to do for her. Does anyone here in the forum know if there are documents/requirement for her to present to the immigration when she comes back aside from the 2 year residency obligation? Or is it possible for her to stay in the Philippines longer given her medical condition?

thanks,

Donna
 

Leon

VIP Member
Jun 13, 2008
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Why can't she get treatment in Canada? It is possible that she could appeal for her PR based on medical reasons but there is no guarantee of success.
 

butyak01

Full Member
Jan 13, 2013
28
3
Hi, Leon!
Thank you for responding. We were having financial problems then with me just came to Canada and unemployed and her being disable and we were renting. No family and relatives here to help us. It was so difficult to make ends meet. Her siblings decided to have sent back to our homeland so they can take care of her and me start my life here as a new landed immigrant. Now, she wants to come back and apply for CPP claim. What are the steps to make an appeal?
 

Leon

VIP Member
Jun 13, 2008
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If she would have returned at the time of your first post, before she reached 3 years outside Canada it would not have been a problem because she still would have met the residency obligation.

I am not sure why you would wait so long to ask for more advice on this issue because now she has lost that chance.

Now that she no longer meets the residency obligation with over 4 years outside Canada, the question is if her PR card is still valid.

If her PR card is still valid, she can return to Canada and take her chances with the immigration officer.

If the immigration officer does not report her for being in breach of the residency obligation, she would enter as still PR and would be able to put her PR status back in good standing by staying for 2 years straight before she applies to renew her PR card. She can apply for CPP though because that is not connected to immigration.

If the immigration officer does report her, she can appeal for her PR based on her medical condition. However, I would not give her very good odds of winning an appeal because she could have had medical treatment in Canada and as a PR, she has access to welfare, disability and everything else that Canadians and PR's have and so she would not have been in a worse position than any other sick or disabled person who is without family or estranged from their family. However, she could stay in Canada during the appeal processing which can take 1-2 years.

If her PR card is expired, she could appeal for her PR by applying for a PR travel document from the Canadian embassy explaining her situation. Again, I don't think she has very good odds but you can try.

If she loses her PR, you can apply to sponsor her but it's been made harder to sponsor parents these days. You have to show that you have income to support her, there is a small quota of applications for each year that fills up fast, the processing takes years and if she has medical problems that are considered severe and costly for health care, she can be denied based on that.