Urgent PR help needed???

[cbxxx82]

1. Hi there
   
   So my wife and I have been out of Canada back in my home country of Ireland for the past 3 years since 1st December 2014. We had planned on returning to Canada but unfortunately my mam was sick( the reason why we came back) and then my dad was diagonsed with Cancer and had other health issues.
   
   We will not been able to get back until January 1st so we would be a month over our 3 years out.
   
   What can we expect at the airport or is it better to go by road from the states?
   
   If we get back without any questions, when the 5 years is up, do we just wait for 5 years and 1 month and apply for citzenship? Is there a chance they will not let us in the country from the start when we return?
   
   Any info on this matter is greatly appreciated
   
   Thanks
   
   Ciaran

 

[jman25]

1. Hi there
   
   So my wife and I have been out of Canada back in my home country of Ireland for the past 3 years since 1st December 2014. We had planned on returning to Canada but unfortunately my mam was sick( the reason why we came back) and then my dad was diagonsed with Cancer and had other health issues.
   
   We will not been able to get back until January 1st so we would be a month over our 3 years out.
   
   What can we expect at the airport or is it better to go by road from the states?
   
   If we get back without any questions, when the 5 years is up, do we just wait for 5 years and 1 month and apply for citzenship? Is there a chance they will not let us in the country from the start when we return?
   
   Any info on this matter is greatly appreciated
   
   Thanks
   
   Ciaran

When Did you become a permanent resident?

 

[cbxxx82]

October 12th

 

[Rob_TO]

1. Hi there
   
   So my wife and I have been out of Canada back in my home country of Ireland for the past 3 years since 1st December 2014. We had planned on returning to Canada but unfortunately my mam was sick( the reason why we came back) and then my dad was diagonsed with Cancer and had other health issues.
   
   We will not been able to get back until January 1st so we would be a month over our 3 years out.
   
   What can we expect at the airport or is it better to go by road from the states?
   
   If we get back without any questions, when the 5 years is up, do we just wait for 5 years and 1 month and apply for citzenship? Is there a chance they will not let us in the country from the start when we return?
   
   Any info on this matter is greatly appreciated
   
   Thanks
   
   Ciaran

It really doesn't matter if you return by air (as long as you have valid PR card) or land. At the POE, the CBSA officer may not inquire much about your residency obligation and just wave you into Canada.
Or, they may question you on it in which case you could show them evidence you have H&C reasons to stay outside Canada. So you should bring with you medical reports, hospital bills, doctors notes, etc concerning your mom and dad.

Even if they don't accept your H&C reasons and decide to report you, your family can still enter Canada and will have some time (30-60 days) to decide if you want to appeal. If you choose to appeal you can stay in Canada as a PR until your appeal is heard (can take 1-2 years).

If you can enter Canada without being reported, then you would need to prepare to stay inside Canada for 2 straight years. This means no leaving Canada to see your parents during this time, for any reason. Each time you left/re-entered, you would risk having your RO violation discovered again leading to revoking of your PR status. After in Canada 2 years, you would then be back in compliance with the RO and only then could apply to renew your PR cards.

 

[cbxxx82]

Thanks very much for your reply.

Would be the case for my wife aswell, the fact that it's not directly her parents?

 

[Rob_TO]

Thanks very much for your reply.

Would be the case for my wife aswell, the fact that it's not directly her parents?

You guys should be treated as a package. So if they accept your H&C reasons, then it's natural your wife would have been accompanying you so your H&C reasons should extend to her as well.