A question for Leon (Thanks in advance for your help)

[Kamran3456]

Hello Leon,

I have a question regarding our PR card renewal. Our family (my wife, and two sons) were landed in August 2008. My first son stayed in Canada and started his PhD in 2008 and now he has completed and has applied for citizenship. Since my mother-in-law had Alzheimer and had permanent disability, my wife could not stay in Canada and she should take care of her mother. Therefore, we could not stay in Canada to meet the residency obligation. Therefore, my wife and I with my small son had to come back to our country and were travelling to Canada each summer for two months. During these travels, we bought a house and paid our mortgages regularly. However, as I mentioned we could not stay more than two months in each travel since my wife should take care of her mother. So, totally we have been in Canada 170 days during the past 5 years. My little son also started his undergarduate study in 2008 in our country and he could not also meet the residency obligations.

Our PR card will expire in September 2013 and we are going to apply for replacement. We are all currently in Canada and my little son has been admitted for MSc in a Canadian University and he can stay here. But, my wife and I should come back to take care of my mother-in-law.

My question is whether we can apply for a PR card replacement based on Humanitarian or Compassionate Grounds? We have all documents, doctor prescriptions and etc. related to my mother-in-law illness. If yes, how long it might take for the replacement?

Thanks a lot for your advice and help.

Kamran

 

[xse2573]

Is it TRUE Ottawa don't send Passport outside of Canada?

 

[Msafiri]

Kamran,

Your H&C application for a PR Card could/will fall on the ground that there is little scope for you to return to Canada if you will always have to look after your mother in law. Are you the sole children in the family that can do this? Where are your wife's siblings? Why does it have to be you that looks after her? If I was the CIC lawyer I'd go for your son being an undergraduate shortly after landing - presumably he was 18 already at this stage? I'd direct the hearing towards this as a reason for your absence...after all why could he not study in Canada?

H&C PR Card applications are not a regular/ standard application. Expect an interview and a lengthy processing time - circa 12+ months. Will you stay in Canada during processing? I suggest your son not to apply for a PR Card until he gets 730 days...he doesn't really need a valid PR Card unless he intends to travel which would be most unwise.

At some point in time CIC/ The courts have to weigh the right of the PR against legislation especially where it seems the PR is using such status as some form of glorified visa to enter Canada at their whim not withstanding the residence obligation - unless your H&C reasons are solid and well documented its a tough call.

 

[Kamran3456]

Thanks a lot Msafari,

All my wife's brothers reside outside of the country and they could not take care of her mother. She was the only children who could take care of her mother. Thanks again for your advice

 

[zardoz]

The thing that might cause you most problems is that you are able to return to Canada every year for two months. This demonstrates that there is no absolute requirement for your family to remain with your mother in law at all times. CIC may well take the view that if you can do it for two months, you CAN do it for twelve.

I suspect that you will have an uphill battle on your hands to keep your PR.