Will be months short from meeting RO, really need advice right now

[PearLight]

Hi thanks for reading this

My family and I were originally from China. We landed in Canada in March 2017. My dad speaks little English, is still working in Beijing, and does not want to live in a English speaking environment so I guess his case was settled.

But because of this, my mom has been traveling back and forth in the past few years. She went to Beijing in early January to visit families and has not been able to come back in March as planned due to COVID travel restrictions and A LOT of cancelled flights. In the summer, my grandmother fell sick and my mom needed to take care of her since she was the only child of my grandmother. In November, when my grandmother recovered, my mom accidentally broke her foot and could probably not travel here before March (doctor estimated as the earliest recovery) next year. But even if she stays out of the country until next March, she will be a few months short from meeting the RO in April, 2022.

Does this mean she will lose her PR status immediately in April 2022? Is there anything she can do to keep the PR status for another 5 years? Does she need to fly back to Canada immediately to do that? Can she apply for any form of extension or things like that?

Sorry if I’m asking too many questions. Thank you in advance for any advice

 

[canuck78]

Hi thanks for reading this

My family and I were originally from China. We landed in Canada in March 2017. My dad speaks little English, is still working in Beijing, and does not want to live in a English speaking environment so I guess his case was settled.

But because of this, my mom has been traveling back and forth in the past few years. She went to Beijing in early January to visit families and has not been able to come back in March as planned due to COVID travel restrictions and A LOT of cancelled flights. In the summer, my grandmother fell sick and my mom needed to take care of her since she was the only child of my grandmother. In November, when my grandmother recovered, my mom accidentally broke her foot and could probably not travel here before March (doctor estimated as the earliest recovery) next year. But even if she stays out of the country until next March, she will be a few months short from meeting the RO in April, 2022.

Does this mean she will lose her PR status immediately in April 2022? Is there anything she can do to keep the PR status for another 5 years? Does she need to fly back to Canada immediately to do that? Can she apply for any form of extension or things like that?

Sorry if I’m asking too many questions. Thank you in advance for any advice

Your mother should fly back at the earliest possible time after her broken bone has healed. She should travel with proof of her medical care and your grandmother's medical care. Since she has been out of Canada for so long she likely no longer qualifies for provincial healthcare and must reapply even if she has a valid card. If she does not reapply or you don't meet the RO to receive healthcare in that province you can be asked to pay back any care you receive that you don't qualify for. She should also contact CRA about her absence from Canada especially if she is receiving any form of payment from the government. CRA will assess whether she qualifies for and stop payments versus continuing payment and having to potentially return more money. When she returns to Canada she can explain her reasons for not being compliant with her RO. If not reported she should remain in Canada until she is compliant. After the first 5 years after landing it becomes a rolling total so it is not another 5 year period. After the first 5 years you need to meet the 2 out of 5 years on any day. How many days has she spent in Canada since March 2017. RO are calculated from your landing date so the 730 days must be accumulated before March 2022. Your father remains a tax resident in Canada if he is a PR and his dependent family members are in Canada even if he is not in Canada.

 

[PearLight]

Your mother should fly back at the earliest possible time after her broken bone has healed. She should travel with proof of her medical care and your grandmother's medical care. Since she has been out of Canada for so long she likely no longer qualifies for provincial healthcare and must reapply even if she has a valid card. If she does not reapply or you don't meet the RO to receive healthcare in that province you can be asked to pay back any care you receive that you don't qualify for. She should also contact CRA about her absence from Canada especially if she is receiving any form of payment from the government. CRA will assess whether she qualifies for and stop payments versus continuing payment and having to potentially return more money. When she returns to Canada she can explain her reasons for not being compliant with her RO. If not reported she should remain in Canada until she is compliant. After the first 5 years after landing it becomes a rolling total so it is not another 5 year period. After the first 5 years you need to meet the 2 out of 5 years on any day. How many days has she spent in Canada since March 2017. RO are calculated from your landing date so the 730 days must be accumulated before March 2022. Your father remains a tax resident in Canada if he is a PR and his dependent family members are in Canada even if he is not in Canada.

Thank you so much for answering!!! I will let her know that she needs to be in Canada as soon as she recovers. Also, I hope I’m understanding this correctly, so with proper documentations, there shouldn’t be that much of a problem for her to renew her PR status if she comes back and remains in Canada until compliant with the RO?

Thank you!

 

[canuck78]

Thank you so much for answering!!! I will let her know that she needs to be in Canada as soon as she recovers. Also, I hope I’m understanding this correctly, so with proper documentations, there shouldn’t be that much of a problem for her to renew her PR status if she comes back and remains in Canada until compliant with the RO?

Thank you!

Can't comment whether she'll be reported or not. The earlier she returns to Canada the better. She should only renew her PR card when she is compliant with her RO and would suggest a few months buffer.

 

[PearLight]

Can't comment whether she'll be reported or not. The earlier she returns to Canada the better. She should only renew her PR card when she is compliant with her RO and would suggest a few months buffer.

Got it. Thank you!!!