My Father's PR is expired very soon

[Raha2013]

Hello Expert,

My father's PR is expired very soon. He landed as an immigrant 5 years ago and stayed in Canada just for a month. He had to go back home for family issues. Now his PR expiration is just in two weeks. He could come for a short visit before his PR gets expired but he can not stay more than a month. It is a very bad timing for him now to stay.

He has 3 adult children living here in Canada and one adult daughter left in back home. She (my sister) has applied for immigration to Canada and now is in the final step. she is waiting for her Canadian immigration visa to be arrived. If she gets her immigration visa to come here, my father will come and stay here for sure. He can not leave one daughter back home alone.

What are the options for him not to lose his PR? If we explain this to immigration office, do you think they will accept and renew his PR card (without meeting the 2 years residency obligation)?

Thanks,
Mah

 

[scylla]

What are his reasons for failing to meet the residency obligation? What kept him back in his home country?

 

[Raha2013]

My only sister is still there. They are waiting for her immigration process. My father can not leave her alone although she is adult.

 

[scylla]

This won't be accepted by CIC as a reason for failing to meet the residency obligation.

If he can return to Canada before his PR card expires and he is not reported by border officials for failing to meet the residency requirement, then he can remain in Canada for 730 days without leaving to meet the residency requirement and then apply for a renewed PR card.

If, as you say, he's not willing to remain in Canada - then he'll end up losing his PR status. He will then need to apply for PR status again from scratch/from the start either by applying independently (e.g. as a skilled worker) or by being sponsored through family class.

 

[Raha2013]

How about if after expiration, he comes to Canada with a Travel document and stay in Canada for two years and then apply for renewing the PR card?

 

[scylla]

How about if after expiration, he comes to Canada with a Travel document and stay in Canada for two years and then apply for renewing the PR card?

The problem is that a travel document won't be approved because he doesn't meet RO and doesn't have a good reason for failing to meet the obligation. So no - that won't work.

His only other option would be to to secure a visitor visa for the US and re-enter Canada via a US / Canada land border in a non-commercial vehicle (e.g. friend's car). This may allow him to re-enter Canada once his PR card has expired. If he's able to re-enter, then he can remain for 2 years and then reapply for his PR card.

 

[Raha2013]

I heard that he can get a travel document if he has been in Canada in last 365 days even for one day (means he has been a resident). He can come and leave for now and before the next 365 days, applies for the travel document and comes back.

 

[scylla]

I heard that he can get a travel document if he has been in Canada in last 365 days even for one day (means he has been a resident). He can come and leave for now and before the next 365 days, applies for the travel document and comes back.

No - that's not the case. When he applies for the TD, CIC will assess whether he has met the residency obligation. If he hasn't, the TD will be refused.

He could apply for the TD under humanitarian & compassionate conditions if he had H&C reasons for failing to meet RO. However not wanting to leave his daughter alone won't be accepted as an H&C reason.

His options at this point are extremely limited.

 

[Raha2013]

Thanks for your reply. If he gets a US visa, could the entry to US be from any country other than Canada? I mean later from back home, can he go to US first and then enter to Canada via land boarder?

 

[zardoz]

Thanks for your reply. If he gets a US visa, could the entry to US be from any country other than Canada? I mean later from back home, can he go to US first and then enter to Canada via land boarder?

You should be aware that even entering Canada via the land border carries a very high risk of him being reported and eventually losing his PR status.

 

[zardoz]

I heard that he can get a travel document if he has been in Canada in last 365 days even for one day (means he has been a resident). He can come and leave for now and before the next 365 days, applies for the travel document and comes back.

This applies ONLY if he has been reported for failure to meet the residency obligation requirements and he wishes to appear in person for the appeal. Once reported, the clock stops for getting new days added to the residency, until the appeal is finally won.

As I replied to your other thread, you should read the correct area of the forum at http://www.canadavisa.com/canada-immigration-discussion-board/permanent-residency-obligations-b11.0/

 

[scylla]

Thanks for your reply. If he gets a US visa, could the entry to US be from any country other than Canada? I mean later from back home, can he go to US first and then enter to Canada via land boarder?

As zardoz explained, he can certainly try - but there's no guarantee it will work.

 

[Raha2013]

Thanks so much Zardoz and scylla for your time and great advices. I think he has just the option to come here before his PR expiration date and stay.

 

[scylla]

Thanks so much Zardoz and scylla for your time and great advices. I think he has just the option to come here before his PR expiration date and stay.

That's the best option. Even then, there is certainly some risk he could be reported for failing to meet RO. But it's still the best option.