Confirmation on residency

[kathy2017]

Hello,
My grandpa is a permanent resident for about 2.5 year in Canada, then he went back with grandma. Grandma was sick, he had to stay and took care of her till she passed away in 2010. I am wondering how the visa office verify his days staying in Canada?
Grandpa has filed 5 years return but physically less than 5 years. Should i fill out 5 years of staying or 2.5 years?

If he lost of his residency, may I ask you for some suggestions on what documents to be included for asking for humanitarian ground?

Thanks in advance.

 

[spousalsponsee]

Hello,
My grandpa is a permanent resident for about 2.5 year in Canada, then he went back with grandma. Grandma was sick, he had to stay and took care of her till she passed away in 2010. I am wondering how the visa office verify his days staying in Canada?
Grandpa has filed 5 years return but physically less than 5 years. Should i fill out 5 years of staying or 2.5 years?

If he lost of his residency, may I ask you for some suggestions on what documents to be included for asking for humanitarian ground?

Thanks in advance.

If your grandmother passed away in 2010, and your grandfather is currently trying to renew a PR Card, and he hasn't been back to Canada since then, then his years would be 0 - and he would have no hope at all of a compassionate keeping his PR status if he left to look after his sick wife, then stayed out of the country for 7 years after she died.

 

[kathy2017]

We miss a lot time since we did not know much about the rules.
I spoke with the Call center. It is encouraging to apply for. He is 95 years and alone by himself.
My have another question to clarify. The application fee is 50 $. It seems that there is additional service charge by the local visa office.
It is true? Should I pay the fee online for the application and then pay the visa office center at the local bank?
Thanks

 

[canuck78]

Would be helpful if you provided more details. When he got PR? When he left Canada Where is he now? Where is his family?

 

[kathy2017]

He got his PR in 1992 and left in 1995 for a visit back home. He is in China now. All of his family are in Canada. After grandma passed away in 2010, my aunt's family was still in China till 2014. Then they applied to visit Canada secretly. None of us expected that they left so sudden that we did not have time to figure out how to take care of grandfather.

 

[canuck78]

Your Grandfather has barely spent any time in Canada and has not been in Canada for over 20 years. You could apply on H&C grounds but it may take a few years which isn't really compatible with his age. He has been in China for 3 years without your Aunt so why can't you continue what he has been doing? Your logic that he needs to move to Canada now doesn't really make sense because your aunt left in 2014 and his wife died in 2010. Does he have children who are retired that may be able to go live with him? Does he have any other relatives? Not sure what your chances are of getting a successful H&C for a 95 year old.

 

[kathy2017]

Your Grandfather has barely spent any time in Canada and has not been in Canada for over 20 years. You could apply on H&C grounds but it may take a few years which isn't really compatible with his age. He has been in China for 3 years without your Aunt so why can't you continue what he has been doing? Your logic that he needs to move to Canada now doesn't really make sense because your aunt left in 2014 and his wife died in 2010. Does he have children who are retired that may be able to go live with him? Does he have any other relatives? Not sure what your chances are of getting a successful H&C for a 95 year old.

No one is willing to live with him in China. We do not have other relatives that can stay as a long-term caregiver with him. It is very hard for all of us. If he got refused, we will apply for sponsorship. However, it is not much making sense for a high age like him.
For the most part, my grandpa had a hard time in speaking up for himself since he was afraid of giving burden to his family, even he is desperate to return to Canada. On the other hand, I understand his children do not speak English and work on low wages and long hour jobs. Life can be not easy sometimes. I am a full-time student and struggle with my time for anything. We worries a lot and think too long. We loss lots of time on this. I finally decided to take the lead. If we never try, we never have a chance. I hope this community can help me for some strategics for gaining my grandpa back with family. Thanks.

 

[rish888]

@kathy2017

One option is your grandpa renounces his PR and you apply for a super visa for him. (It's good for 10 years and he can live in Canada during that whole time.)

Another option: Does your grandpa have a U.S. visa or can he get one?

China is part of a transit visa waiver. This means if he books his ticket to the U.S. via Canada, he can get on the plane to Canada posing a transit person. (This means he doesn't need a PRTD to get on the flight to Canada.)

Once in Canada, he just doesn't get on his flight to the US and can instead clear Canadian immigration. He will still need to answer for his RO violation, but worst case is he is issued a Departure Order. What that means is that he can enter Canada, but needs to appeal within 30 days to remain a PR.

Getting an appeal hearing can take years.

On a more favorable note, the officer may accept his H&C conditions and give him a break. There are no guarantees and it all depends on the officer, however there is a chance. (A better chance than a PRTD for sure.)

 

[canuck78]

If he arrives in Canada via the US he will end up in Canada without healthcare. Not something I would recommend at 95. It sounds like the family would not be able to afford taking their grandfather for medical care and having to pay for it. Also the insurance for a 95 year old for a supervisa will be very expensive.

 

[canuck_in_uk]

@kathy2017

One option is your grandpa renounces his PR and you apply for a super visa for him. (It's good for 10 years and he can live in Canada during that whole time.)

A Supervisa MAY BE issued up to 10 years. It is not a guarantee that it will be; many are issued for shorter durations. It also DOES NOT allow a person to actually stay 10 years. The initial visit can be UP TO 2 years, always dependent on the CBSA officer upon entry; again, many are only granted shorter stays. It is then up to IRCC to decide whether to approve applications to extend their visitor status; after a few years of being in Canada as a visitor, they can evetually expect a refusal.

A supervisa requires the applicant to pass a medical. If he passes and it is approved, there would be no health coverage in Canada, which is not a good situation for a 95 year old.

 

[rish888]

My bad. You're correct, a super visa grants entry for up to 2 years at a time. (The doc itself is valid for 10 years.)

Coming on a super visa may not be ideal, but I was just laying out the options for the OP.

He could come as a PR (by flight, no need go through the land border) and would could get healthcare with his original record of landing. (Or alternatively he could apply for Verification of Status.)

Given the situation coming back as a PR may be the best course of action. (but I nonetheless laid out the super visa option so the OP could make an informed decision.) It leaves the possibility of a DO/Appeal, but that's the risk the OP runs.

 

[canuck_in_uk]

My bad. You're correct, a super visa grants entry for up to 2 years at a time. (The doc itself is valid for 10 years.)

As I said, a supervisa MAY BE issued for up to 10 years. Most are actually issued for less time, for the simple reason that most people's passports expire before the 10 year mark. Many are issued for much less time for a myriad of other reasons.

 

[rish888]

As I said, a supervisa MAY BE issued for up to 10 years. Most are actually issued for less time, for the simple reason that most people's passports expire before the 10 year mark. Many are issued for much less time for a myriad of other reasons.

Regardless, the super visa is the best option incase the OP doesn't want to risk her granddad getting a DO.

 

[canuck78]

Regardless, the super visa is the best option incase the OP doesn't want to risk her granddad getting a DO.

Unfortunately doesn't sound like the family may meet the LICO or be able to afford the insurance premium which wil be quite high for a 95 year old. He would also have to pass the medical. I imagine he would have to renounce his PR in order to apply for the supervisa.

 

[canuck78]

In general thee family needs to be careful if they get the grandfather into the country and the apply for H&C there will be a period where the grandfather will have no health coverage and the family will be asked to sign an agreement to pay for care once the emergency has been stabilized. That is a very scary possibility.