Expired PR Card Question

[Need Help Please]

Hello everyone, I have a situation and need some advice to help my father. He got his PR card a while back - 5 or 6 years back. My mom was ill and he needed to be away from Canada to care for her. While away, his PR card expired without him meeting the lenth of stay in Canada requirement. My mom passed away about 3 years ago. Subsequent to her death, he got a letter from the Canadian embassy that would have allowed him back in Canada. However, my other sibling adviced him not to return at that time which he never did. I just became aware of the situation and helped him to get a super visa. He is currently in Canada on this visitors visa and would like to remain in Canada as there are no other close relatives back home.

My question is - can he apply to have his PR card renewed/activated while he is here?

I would really like to have him remain here in Canada and would like to know what my options are. Finally, can you recommend a good immigration lawyer that could assist with the forms/application - providing of course he is eligible or stand a change. Thanks very much.

 

[scylla]

Since he was approved for a visitor visa, he has lost his status as a PR of Canada. (CIC would not have granted a super visa / visit visa if his PR status was still active.)

If you would like him to remain in Canada permanently, you should sponsor him for PR through the parent/grandparent sponsorship category once CIC begins accepting applications again in January.

 

[Need Help Please]

Thanks scylla for the prompt response. Is is the only option I have right now or should I consider getting a lawyer to help. I am new to this forum and want to make sure I do as much as I can to help my dad.

If this is the only option, generally how long does the sponsorship process takes once I submit in Jan when it re-opens. Thanks again.

 

[scylla]

I supposed there's no harm in confirming there is nothing you can do to restore your father's PR process with a lawyer. But again, I don't think CIC would have issued a visitor visa unless they regarded your father's PR status as canceled/abandoned. Hopefully others will comment / confirm.

It's difficult to say how long it will take for the sponsorship process once it reopens. Based on current processing times, I would plan on 3+ years.

 

[Msafiri]

Thanks scylla for the prompt response. Is is the only option I have right now or should I consider getting a lawyer to help. I am new to this forum and want to make sure I do as much as I can to help my dad.

If this is the only option, generally how long does the sponsorship process takes once I submit in Jan when it re-opens. Thanks again.

1. Unless the visa officer was completely negligent he/she would have required your dad to sign a voluntary relinquishment of PR status. Get your dad's GCMS/FOSS notes via CIC website ATIP process...he may have been lucky and the visa post messed up. If the post did not notice he was a PR and he never relinquished then if he gets to 730 days in Canada his PR Status is back in good standing and he should apply for a PR Card.

2. New sponsorship rules are set to be more onerous - 20 year undertaking period, requires 3 years of CRA NOAs, restricted list of income proof, tougher medicals and likely intake quotas - if you are from a country with a high sponsorship uptake e.g. India expect long delays...I concur with Scylla 24-36 months.

 

[zardoz]

It's entirely possible that the "letter" that he got from the Canadian Embassy was a notification of right to appeal the loss of his PR and a travel document to allow him to attend in person. If he didn't follow up with an appeal, he could well have lost his PR by default. We would have to have more information on what he actually received...

 

[Need Help Please]

Thanks to all of you for responding. I will get a copy of the letter and provide more specific information on the contents.

I don't recall him indicating he signed anything relinquishing his PR status. I will confirm with him. Thanks again.

 

[scylla]

It's entirely possible that the "letter" that he got from the Canadian Embassy was a notification of right to appeal the loss of his PR and a travel document to allow him to attend in person. If he didn't follow up with an appeal, he could well have lost his PR by default. We would have to have more information on what he actually received...

I completely agree with zardoz. I think this is what happened and his PR status is gone since he didn't follow up.

Again, the visitor visa would not have been granted unless (1) he signed something agreeing to give up his PR status' (2) his PR status was already gone.

 

[Msafiri]

Hello everyone, I have a situation and need some advice to help my father. He got his PR card a while back - 5 or 6 years back. My mom was ill and he needed to be away from Canada to care for her. While away, his PR card expired without him meeting the lenth of stay in Canada requirement. My mom passed away about 3 years ago. Subsequent to her death, he got a letter from the Canadian embassy that would have allowed him back in Canada. ....

If your dad got his PR Card 5/6 years ago on the basis of a 5 year standard issue it would have expired 2010/2011. Presuming he went to the visa post in 2010/2011 and had a shortfall of days then he got:

1. a refusal - did not appeal or apply for a TD.
2. refusal with appeal and applied TD to attend (based on him in Canada at least once in the 365 days prior to TD application).
3. a refusal with an appeal waiver - regular visitor visa.

Not enough detail really to know what happened at the visa post 3 years ago.