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Can my Uncle renew his PR status??

Discussion in 'Permanent Residency Obligations' started by Mani Heer, Dec 6, 2018 at 9:10 AM.

  1. Hey Guys, Firstly u guys are really great in providing information on ur website. Its nicely built and have so many features while uploading forums.
    My issue is that my uncle is short on 730 days requirement by about 45 days. His Wife and my cute sister lives in Canada as a citizens of Canada. The thing is my Uncle have to take my grandfather or his dad to DMC(Dayanand Medical College and Hospital) every 2-3 month till 2019 April. He is taking them to hospital for about a long time and in my family, there is no one else than him to take them as he have valid licence and also my Grandfather is little mentally unstable and only trust my Uncle. If he come to Canada in April and my Aunt comes to India for accompanying him for 3 month, he still behind 45 days.
    Can he renew his PR on compassionate grounds?
    Please answer my question and I will be highly grateful to u
     
  2. That would be up to IRCC to decide. By the way, the PR status doesn't expire, only the PR card does.
    On the face of it, the H&C grounds do not seem to be very compelling.
     
  3. hi, what does it mean "PR status doesn't expire, only the PR card does"
     
  4. Exactly what it says. You renew your card, which is like a travel document. Your PR status doesn't expire and therefore can't be "renewed".

    Think of it like a passport vs citizenship == PR card vs PR status.
     
  5. Sorry, but I am still confused. So if my Uncle cant stay 730 days in 5 year. He is still a permanent resident and can renew his card maybe after 7 year. Plz help
     
  6. Every time your uncle enters Canada if he has not met the residency requirement in the 5 years preceding each entry then he could be reported leading to his PR status being revoked.

    Once the PR card has expired he will need to apply for a PRTD to be able to board a plane back and if at the time of applying he has not met the residency obligation his PR status could probably be revoked subject to appeal.

    Ultimately your uncle must meet the 730 day requirement in the preceding 5 year period either at each new entry or before applying for a PRTD or renewing PR card. So depending where the 730 days falls those days will over time gradually also reduce and not count towards the residency.
     
  7. #7 steaky, Dec 6, 2018 at 11:50 AM at 11:50 AM
    Last edited: Dec 6, 2018 at 12:02 PM
    Since your aunt is Canadian citizen, couldn't she spend time with your uncle such that your uncle will count as he stay in Canada 730 days in 5 years?

    Although she don't drive and your grandfather don't trust her, she can still do things such as cooking and other household chores while her husband taking care of your grandfather, can't she?

    Why can't she stay more than 3 months in India to accompany your uncle?
     
  8. As someone already mentioned, a PR card is a document like a passport. Documents tend to have an expiry date. Just because your passport expires, it doesn't mean you are no longer a citizen.

    Now the difference here is that unlike renewing your passport, there is a strict residency requirement to renew you PR card. You need to have valid PR status to renew your PR card. That is where the 730 day requirement kicks in. Your PR status does not automatically expire if you don't meet the 730 days. IRCC must actively take the action to revoke your PR status. Hence you are a PR until they do so. When would they take action to investigate and possibly revoke PR status? The common times are:
    -if you are reported by immigration when trying to enter Canada (the immigration officer suspects you do not meet your 730+ day requirement)
    -when you try to renew your PR card
    -if you try to sponsor someone to immigrate to Canada
    -when applying for a PRTD
     

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