failed PR obligation for medical reason please advise

[adougal]

Hi all

grateful if someone could advise me.

My wife son and I applied successfully to immigrate. As we were getting ready to move I got sick and found out that I had a small renal tumour. This was a lucky break as I got ground breaking treatment and am now fine.

The problem is that the follow up MRI scans that are part of the treatment have put us in serious breach of the residency requirements. We still want to come over, but I wonder whether we are wasting our time and will be kicked out. I tried to keep CIC posted and asked for advice but got no response at all. All the High Commission could offer was to say come over and sort it out when you get there.

I feel that we have a good case but am worried they will say we should have immigrated and sought treatment in Canada. I didn't feel that was an option - if someone says you have cancer you don't and start packing your bags to move country and sort it out later, you get it addressed asap.

We have no complaint with the residency obligation which we feel is perfectly reasonable, but we couldn't anticipate something like this, which was a bolt out of the blue.

My wife has been offered a good job in Canada and I am pretty sure I would get work quickly, but I am wondering whether we just have to accept its something that isn't going to happen.

Grateful for all thoughts

 

[Leon]

If you have valid PR cards, the correct procedure would be to pack your bags and head for Canada with your medical papers and your wife's job offer in your suitcase. As you arrive at immigration, it is likely they will ask how long you were outside Canada and if you say more than 3 years, they will know that you most likely don't meet the RO and will likely ask further. You explain your situation with your cancer treatment and that you are now ready to settle and that your wife has a job offer. It will be up to the immigration officers if they report you for not meeting the RO or not.

If they report you, you will be allowed to enter as still PR's, you can appeal the report based on your circumstances and you will be allowed to stay in Canada as PR's while your appeal is processed which can take 1-2 years. If you win your appeal, you keep your PR.

If they don't report you, you can enter Canada as still PR's but because you don't meet the RO, you should not leave or apply for anything from immigration for the next 2 years. At this point, you meet the RO again and can apply to renew your PR cards normally.

If your PR cards are expired and you are visa exempt to Canada, you can still arrive and take your chances with immigration whether they report you or not. If you are not visa exempt, you can arrive at the land border from the US if you have or can arrange a US visa. Otherwise, you can apply for a travel document from where you are now, give your reasons for not meeting the RO and see if they approve you. If they approve your TD, you usually have 6 months to get yourself to Canada. You can apply for a renewal PR card based on the TD after you have arrived.

 

[adougal]

Thanks Leon

Appreciated.

I felt we have a good case, but that just seemed a flimsy basis upon which to burn our boats and hop on a plane. When dealing with a bureaucracy it doesn't do to take things for granted - though I have found the CIC system, pretty straightforward so far to be fair.

I had tried to get some advice from CIC - spent almost 18 months doing so in fact and was met with complete radio silence.

I know we could access top quality medical care in Canada, but felt this was a bad idea for two reasons. On one hand it seems to me to be a poor start to a new life to arrive and immediately seek complex and expensive medical care when that is already available where you are living. On the other its just naked fear; when the doctor says "cancer" everything else he says just fades to a background roar. The idea of then packing up and moving abroad and having to find medical care while settling is just not something you want to do.

My main worry was that they would say I could have had my scans after arrival. I had a series of these to make sure the op was successful and the destroyed tumour was completely gone and no recurrence as part of the treatment. It seemed daft not to do this as otherwise there would be no guarantee it had worked.

My main worry is the lack of response from CIC. Given the number of immigrants applying to enter Canada I cannot believe that similar issues have not arisen before. I thought they would cite some examples and tell me how to proceed - even if it meant reapplying, but no repines whatever.

 

[Leon]

My main worry is the lack of response from CIC. Given the number of immigrants applying to enter Canada I cannot believe that similar issues have not arisen before. I thought they would cite some examples and tell me how to proceed - even if it meant reapplying, but no repines whatever.

With a valid PR card, there is nothing you can apply for beforehand that excuses you from not meeting the RO. However, if you wait until your PR card expires and then apply for a travel document, they may ask you why you waited so long.