Urgent Help Needed??

[cbxxx82]

Hello

So my situation is that me and my wife are both permanent residents in Canads. We have been out of the Canada for 3 years and 8 weeks so we are 8 weeks over our time to be outside. My mother is disabled and needs a carer who is normally my dad but he has beeen sick for the past few months and had to go in for an operation in December.

Me and my wife had to stay here and take care of them both.

My question is: Will we have problems returning to Canada if we can prove that we have compasionate reasons?

Will be actually allowed through the airport or will they stop us? What rights do we have?

Any info at all would be a great help?

Kind regards

Ciaran

 

[noscaf2014]

I'll let others comment on the first question.
For your question Will be actually allowed through the airport or will they stop us? What rights do we have?, yes you will be allowed entry. In fact, it is your right to enter Canada since you are a PR whether you meet the Residency Obligation or not. Your concern should be whether you will be reported or not. Good Luck!

 

[Rob_TO]

Hello

So my situation is that me and my wife are both permanent residents in Canads. We have been out of the Canada for 3 years and 8 weeks so we are 8 weeks over our time to be outside. My mother is disabled and needs a carer who is normally my dad but he has beeen sick for the past few months and had to go in for an operation in December.

Me and my wife had to stay here and take care of them both.

My question is: Will we have problems returning to Canada if we can prove that we have compasionate reasons?

Will be actually allowed through the airport or will they stop us? What rights do we have?

Any info at all would be a great help?

Kind regards

Ciaran

Is your PR card still valid?

 

[cbxxx82]

Thanks for the reply. If reported what are our options?

 

[canuck_in_uk]

Thanks for the reply. If reported what are our options?

You could appeal and try H &C grounds but you don't reply have any. If your dad has only been sick for a few months, that did not necessitate you being outside of Canada for over 3 years.

If reported, you can expect to lose your PR status.

 

[cbxxx82]

Well we tried to come back in June to Canada but my dad has not been well since then, he had a cancerous tumour and had to get it removed in December but for. 6 months before it he was not well so we had to stay?

 

[canuck_in_uk]

Well we tried to come back in June to Canada but my dad has not been well since then, he had a cancerous tumour and had to get it removed in December but for. 6 months before it he was not well so we had to stay?

Again, that did not necessitate you being out of Canada for over 3 years.

 

[cbxxx82]

Well the whole reason why we came back was because my mother had become disabled in the time i was away and she needed a carer full time carer so we were helping my dad and then he became sick, we have every right to be outside in the 3 years but getting back before the time is up is where our problem, it was right at the end that our situation prveneted us from returning, that why its compassionate grounds no?

 

[canuck_in_uk]

Well the whole reason why we came back was because my mother had become disabled in the time i was away and she needed a carer full time carer so we were helping my dad and then he became sick, we have every right to be outside in the 3 years but getting back before the time is up is where our problem, it was right at the end that our situation prveneted us from returning, that why its compassionate grounds no?

It doesn't work like that. You need H&C reasons to cover your entire absence. There was nothing stopping you from living in Canada before your dad got sick expect your personal choice.

 

[cbxxx82]

I do understand but our reasons fpr coming back were because my mom had an accident and became disabled so would not be good enough for compassionate reasons?

Thanks by the way for your responses cause they are helpful to see someone elses point of view

 

[canuck_in_uk]

I do understand but our reasons fpr coming back were because my mom had an accident and became disabled so would not be good enough for compassionate reasons?

Thanks by the way for your responses cause they are helpful to see someone elses point of view

But you've said yourself that you dad was her sole carer until he got sick. While perfectly understandable that you wanted to be with your mother, it was a personal choice; it was not a necessity because your dad was caring for her.

 

[mpsqra]

after 3 years is obvious you don't need to live in Canada,,,
good luck

 

[cbxxx82]

No my father could not care for her properly because of his work , he needed help and he was not always here so my mother needed a carer and thats when we had to come back

 

[dpenabill]

If you have a valid PR card the sooner you return to Canada the better your odds of not being reported upon arrival at a Port-of-Entry.

H&C cases are always tricky. Most are difficult to make. There are many factors. Big factor is how soon you actually return to Canada.

If you were settled and living in Canada for several years prior to going abroad because of family needs, that would really help.

If you hardly settled in Canada at all before going abroad, that will reduce your odds considerably.

Those are just some broad, ball park observations. All the details matter.

If you are just eight weeks over the three year limit, and have a valid PR card, get back to Canada to stay and you have a fair shot at it being OK. The longer it goes, the worse the odds get.

 

[canuck78]

Unfortunately many PRs decide to only settle in Canada at the very last minute at the 3 year mark. Then something happens and they don't have extra days to deal with things like a family illness, attend a wedding or even go on a business trip. If you don't get reported once you enter Canada you should stay in Canada until you meet your 730 days because each time you reenter Canada you could be reported.