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Extxtension of PR card on Compassionate Grounds

A

andrea.machado3

Newbie
Aug 30, 2012
9
0
Iv been a landed immigrant since Aug 2007, finally moved to Canada permanently in Sept 2010. Went through a divorce & found it very difficult emotionally & financially to be there on my own so moved back to UAE in March 2012. Finished 600 days out of 730 days. My PR card is expiring 12 Sept 2012. I have filed my taxes, not done anything illegal etc. I wish to return back early 2013 with a Transfer of Job from my current job. Do you think it would be an option?
Do I go back now....even though I have not met the requirements on 730 days, will they allow me back now?
 
Your H&C reason isn't strong. I think you will be refused. Financial problems aren't accepted as an H&C argument.

If you want to retain your PR status, you should return to Canada before your PR card expires and then remain in Canada until you meet the 2 years out of the last 5 residency obligation. Then apply to renew your PR card.
 
Thank you Scylla, my mum too has not been well....she is suffering a serious depression & a heart problem & I will be attaching a medical report of her ongoing health issues & medical follow up which is a financial concern as I lost my dad on 2002. My only sibling is in Canada with her husband & mum is all alone in India.
 
If you failed at staying in Canada by yourself before, what makes you think it will be easier to stay in Canada alone in the beginning of next year? I don't mean to sound harsh but you have to consider that as well.

Ideally like scylla says, if you want to avoid problems, you should go to Canada before your PR card expires, do your two years and only then try to renew your PR card.

If you are really tied up in your home country because you are taking care of your mother, you should wait until that situation clears up. Surely you can apply for a travel document in order to return to Canada in January but if you are at that point not ready to go because you are taking care of your mother still or you end up going to Canada briefly and then returning back, you would be better off leaving it until you are really read to make a commitment to settling in Canada, at least for the 2 years it takes to meet the residency requirements again.

Many think that if they go to Canada and manage to renew their PR card, they will be safe for another 5 years but that is not really the case. You have to meet the residency requirements every rolling 5 year period and even if you get excused from it because of compassionate grounds it does not mean you are ok to take your new PR card and stay outside another 3 years.
 
Leon thank you for ur reply...you rather be harsh than cream coat your advise. reason why im saying begining 2013 as my mum has got her 10 year multiple visa & I rather her come with me when her health is better. Besides she cannot handle the cold too well & I dont want to return back. I only left Canada cause of my divorce & mum's health taking a toll.
 
also another question if let's say in March 2013 i think of going back, ofcourse my PR card will have expired & I hopefully can get a travel document to go to Canada.....what will be my procedure to be legal back in Canada. Will by PR status be cancelled????
 
If you can not go before your PR card expires but are confident that your attempt to settle will go better in the new year :) then you should apply for a travel document say in January 2013 stating the reasons why you could not meet the residency requirements and especially state your mothers health as a reason and proof of your mothers health problems. Do not mention that you had financial and emotional problems staying in Canada alone because that may work against you as they see you are going to Canada alone again and will believe you are faced with the same problems again. If you do get the travel document, they are usually valid for 6 months in which case you should go to Canada before it expires.

You can apply to renew your PR card stating the same reasons you used for your travel document but you should try to stay for a full 2 years again so you will meet the residency requirements again.
 
Leon before I ask you anything I must say thank you for your help & time taken.

are the forms different for a PRTD & application for renewd PR. can I please have the link.

If the PRTD is valid for 6 months can I not apply now & think of moving for good by March 2013?

is it better to apply for a renewal of PR card or PRTD stating reasons asking for Humanitarian grounds consideration?
 
Here are the forms to apply for a travel document: http://www.cic.gc.ca/english/information/applications/travel.asp

Here are the forms to apply to renew your PR card: http://www.cic.gc.ca/english/information/applications/prcard.asp

If you apply for a travel document now and they make the decision fast to give you one, it would only be valid until April so if your plans are delayed and you can not move before April, you'd have a problem. If you are sure that you will move in March, it would be ok to apply now.

You can not apply to renew your PR card from outside Canada. You have to get the travel document first, then go to Canada and then either apply for a PR card renewal on humanitarian grounds or wait for 2 years and then apply normally.
 
I had asked a question about my Canadian immigration status in Sept 2012. However I did get a reply from the Immigration & Refugee department & have asked me to attend a hearing by person or call on Oct 17th 2013 to take up my mater.

I would like to know if you can advise me on the below:
1) would it be better to appear in person / a call
2) Should I have a counsel representing me
3) If you do advise me to appear in person, based on these documents would Canada grant me a visit visa for this?

My consultant who assisted with my immigration said that he could help for a fee of CAD 1000/- which I find high as he does say that a counsel is important, & that would mean additional cost.

What are my chances of paying this fee 1000cad & the counsel fee & do you think my case has a chance.
 
Did you apply for a travel document or you just requested info? It sounds like the hearing is in order to decide on your PR status. It would probably be better if you arrive in person but it is not certain that they will give you a travel document to appear. You can get counsil if it makes you feel better but still does not guarantee results. You can appear by phonecall and explain your situation but make sure that you have mailed them all your supporting documents for the illness of your mother and you taking care of her. You want to make it clear to them that you could not meet the requirements due to the illness of mother and for no other reason. Get a statement from mothers doctor. If she has more than one doctor, get statements from all of them. Get her medical records. Have all of this translated by a certified translator if not in English or French. That is your only chance.
 
Hi Leon, I had applied for extension of my PR card on compassionate grounds & they came back to me. I have submitted all my docs & they have my file with all my mothers medical reports etc.

Can you help me how I can get a counsel & what is the best way to go about booking one.

I would like to be there in person but again not sure if they would give me a travel document for that. is there a way forward to approach this?
 
andrea.machado3 said:
Hi Leon, I had applied for extension of my PR card on compassionate grounds & they came back to me. I have submitted all my docs & they have my file with all my mothers medical reports etc.

Can you help me how I can get a counsel & what is the best way to go about booking one.

I would like to be there in person but again not sure if they would give me a travel document for that. is there a way forward to approach this?
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You need a consultant or a lawyer if you want someone to represent you. Your consultant says they will do it for $1000. You can ask a lawyer, maybe they will want more though.
 
I don't know any personally but you can try asking the lawyer who owns this forum. You will find him here: http://www.canadavisa.com/
 
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