Expired PR in 2013, Chances of Renewal

[valeriePR]

I would like to seek help on the renewal of my pr card

I migrated to Canada on September 13, 2008. Was able to stay for two years . After I went home on February 19, 2011, I was not able to go back due to my father's health condition.

Information about me:

1. I applied as an independent skilled worker. I took a few subjects at George Brown College and passed the RPN ( Registered Practical Nurse) . I am 51 years old , single , no children.
2. The first time I left Canada was on Oct 19, 2009 , then went back on Nov 30, 2009. Had to bring my other personal effects
3. Second time I went back home was on Feb 19 ,2011 . My father had gangrene on his two legs in 2013 { year I planned to go back}. At that time, my younger sister received her immigration papers. I told her, i will stay in my home country to attend to my dad and she can leave the country and be with my sister in Mississauga.
   
4. Family members : 2 siblings in Canada ( both citizen) and three in my home country

What I did after February 19, 2011 :

When my dad had gangrene, I accepted an offer to work in my home country for two years , then I was assigned in Hongkong for 5 months. After these assignments, I helped my other sister in marketing her products.

Queries :

1. What are my chances of reinstating my permanent residency?
   
2. Is going to US and cross Canada by land my best option?
   
3. Should I use a lawyer for my case?

 

[Rob_TO]

I would like to seek help on the renewal of my pr card

I migrated to Canada on September 13, 2008. Was able to stay for two years . After I went home on February 19, 2011, I was not able to go back due to my father's health condition.

Information about me:

1. I applied as an independent skilled worker. I took a few subjects at George Brown College and passed the RPN ( Registered Practical Nurse) . I am 51 years old , single , no children.
2. The first time I left Canada was on Oct 19, 2009 , then went back on Nov 30, 2009. Had to bring my other personal effects
3. Second time I went back home was on Feb 19 ,2011 . My father had gangrene on his two legs in 2013 { year I planned to go back}. At that time, my younger sister received her immigration papers. I told her, i will stay in my home country to attend to my dad and she can leave the country and be with my sister in Mississauga.
   
4. Family members : 2 siblings in Canada ( both citizen) and three in my home country

What I did after February 19, 2011 :

When my dad had gangrene, I accepted an offer to work in my home country for two years , then I was assigned in Hongkong for 5 months. After these assignments, I helped my other sister in marketing her products.

Queries :

1. What are my chances of reinstating my permanent residency?
   
2. Is going to US and cross Canada by land my best option?
   
3. Should I use a lawyer for my case?

I would guess a very slim chance to keep PR status on H&C grounds. You can try to use excuse of father's medical consition, but several factors will work against you:
- You have other family in home country that could have cared for him
- You seemed to have no issue leaving for HK for extended period of time
- Is your father still alive and with same condition? If so then how can you leave back to Canada now while you were unable to before?
- if he got better a while ago, it looks like you made personal choices not to return immediately to Canada (anything work/employment related is typically not seen as valid H&C reasons).

At a minimum you will need documented doctor/hospital/specialist etc notes and files dating back to 2011 and up to today, that prove you were required to stay with your father to provide care, and as such were unable to return to Canada to meet your residency obligation.

A lawyer experienced with H&C cases would be highly recommended.

If you attempt to enter at US/Canada land border, even if you're reported for violation of RO and H&C reason is not accepted, you'll be allowed to enter and live in Canada if you want to appeal the decision. Appeal process can take 1-2 years.
If by some chance you are allowed into Canada without being reported, you will need to stay 2 straight years without leaving for any reason whatsoever before you are back in compliance with RO and can renew PR card.

If you apply for H&C considerations from home country via a PR TD application, you will not be allowed to return to Canada since you haven't been there in the past 1 year.

 

[canuck78]

Think your choice of working in Hong Kong makes H&C impossible on top of many other things like have family members in India that could of cared for your father. This was a personal decision. You even let your sister leave for Canada although you were the one who had already settled there. I would focus on building your life in your home country.

 

[zardoz]

Gangrene is not normally a long term disease. It usually resolves one way or another. How long did you actually need to be in your home country versus how long did you choose to be there.

That 5 month assignment to HK is going to be a problem to explain, especially if it's during the "need" period.

 

[valeriePR]

Thanks Rob, Canuck, Zardoz for your replies.

"At a minimum you will need documented doctor/hospital/specialist etc notes and files dating back to 2011 and up to today, that prove you were required to stay with your father to provide care, and as such were unable to return to Canada to meet residency obligation."er

I am still keeping his records from the time he had his operation and picture of his feet on how severe it was. Allowed my sister to leave because her migration papers was about to expire. I was a nurse and siblings that were left in my home country had families. I was also responsible of paying his medical bills and maintenance since i can't rely on my siblings. Even to this date. Funds I had came from my offshore savings prior to my migration in Canada and work offered by my former employer when I came back. When I accepted the offer in my home country, it was the best option I had since I can attend to his needs/check on him every week . The offer I had in Hongkong was a temporary assignment. I accepted the offer provided I was allowed to go home every month.

Any other option on my case?

 

[canuck78]

Unfortunately you seemed to sacrifice yourself for the rest of your family. If you were able to return months from Hong Kong you can't say you needed to be in your home country 24/7. We are talking about almost 10 years without really spending any time in Canada. That is a long time.

 

[Rob_TO]

Thanks Rob, Canuck, Zardoz for your replies.

"At a minimum you will need documented doctor/hospital/specialist etc notes and files dating back to 2011 and up to today, that prove you were required to stay with your father to provide care, and as such were unable to return to Canada to meet residency obligation."er

I am still keeping his records from the time he had his operation and picture of his feet on how severe it was. Allowed my sister to leave because her migration papers was about to expire. I was a nurse and siblings that were left in my home country had families. I was also responsible of paying his medical bills and maintenance since i can't rely on my siblings. Even to this date. Funds I had came from my offshore savings prior to my migration in Canada and work offered by my former employer when I came back. When I accepted the offer in my home country, it was the best option I had since I can attend to his needs/check on him every week . The offer I had in Hongkong was a temporary assignment. I accepted the offer provided I was allowed to go home every month.

Any other option on my case?

All you can do is either apply for PR Travel Document from your home country, or attempt to enter Canada via USA land border... and hope for the best. Either way make sure you have all relevant proof/evidence to back up what you are claiming as H&C reasons. H&C cases are sometimes unpredictable to you never know what will really happen until you try.

Just be aware that your case has many reasons for any visa officer to reject a H&C claim as many here have pointed out, so you should prepare for that likely possibility and have a back-up plan accordingly.