Family's statuses in limbo after years

[Shakira94]

Reposting because original got deleted.

This is going to be long. My family and I (2 parents and 4 sisters) became PRs in 2012. Our ages were 24, 22, 18 (me), 8. My parents couldn’t move at the time due to some complications back home and because we’re from Pakistan, our mother wasn’t comfortable sending us alone due to cultural reasons.

During the next 5 years, my older sisters got married. Neither sponsored their husbands because they couldn’t stay in Canada without them (again cultural reasons). In 2017, we decided to apply for PR renewals based on humanitarian grounds. My oldest sister chose not to.

In 2019, we entered Canada through the US since they called us for interviews. I was the only one who got a full renewal while the others only got 1 year PRs with their final decisions pending. My sister (second one, now 29) was pregnant so she decided to stay in Canada to deliver her daughter and went back to Pakistan after the delivery.

With still no update from IRCC, my second sister (now 33) returned to deliver her second baby in July 2023. Since then she is in Canada. My parents renounced their PRs in August 2023 because they had no intention of staying.

In October 2023, IRCC emailed that they’re finally going to revisit their cases and if they have any updated evidence. My older sister stated that she wants to live here with her Canadian children while my younger one stated that she was a minor at the time and literally had zero say and would like a chance.

Since then, crickets. There’s no correspondence from IRCC. My parents visit visas are pending despite them clearly showing evidence they don’t want to live here and would just like to visit their children. MP has no update either. What can my family do? IRCC should either issue removal orders or grant PRs but having their decisions pending since 4 years is insane. I’m a citizen now and my husband is a PR so my status is clear, which I’m hoping does show IRCC that my family intends to do the same.

 

[Ponga]

Reposting because original got deleted.

Too bad that my reply was also deleted.

Good luck!

 

[canuck78]

Reposting because original got deleted.

This is going to be long. My family and I (2 parents and 4 sisters) became PRs in 2012. Our ages were 24, 22, 18 (me), 8. My parents couldn’t move at the time due to some complications back home and because we’re from Pakistan, our mother wasn’t comfortable sending us alone due to cultural reasons.

During the next 5 years, my older sisters got married. Neither sponsored their husbands because they couldn’t stay in Canada without them (again cultural reasons). In 2017, we decided to apply for PR renewals based on humanitarian grounds. My oldest sister chose not to.

In 2019, we entered Canada through the US since they called us for interviews. I was the only one who got a full renewal while the others only got 1 year PRs with their final decisions pending. My sister (second one, now 29) was pregnant so she decided to stay in Canada to deliver her daughter and went back to Pakistan after the delivery.

With still no update from IRCC, my second sister (now 33) returned to deliver her second baby in July 2023. Since then she is in Canada. My parents renounced their PRs in August 2023 because they had no intention of staying.

In October 2023, IRCC emailed that they’re finally going to revisit their cases and if they have any updated evidence. My older sister stated that she wants to live here with her Canadian children while my younger one stated that she was a minor at the time and literally had zero say and would like a chance.

Since then, crickets. There’s no correspondence from IRCC. My parents visit visas are pending despite them clearly showing evidence they don’t want to live here and would just like to visit their children. MP has no update either. What can my family do? IRCC should either issue removal orders or grant PRs but having their decisions pending since 4 years is insane. I’m a citizen now and my husband is a PR so my status is clear, which I’m hoping does show IRCC that my family intends to do the same.

They should be hiring lawyers. Each sibling will have their own situation evaluated. Highlights IRCC incompetence and incompetence of healthcare system to properly audit residency obligations to receive healthcare since one if not both deliveries should not have been covered. If your sister’s husband has not been with her for all her time in Canada the argument that your sister could not move to Canada without her husband for cultural reasons isn’t consistent. If anything your siblings had little chance of retaining PR but due to IRCC lack of actions some of them have a much better chance now. It’s unclear where all your siblings are currently located after coming to Canada in 2019. If they have not spent a large portion of their time in Canada and have no Canadian children chances are still pretty low. Most would have likely lost PR if they had their applications processed faster. Your parents could still struggle to get a TRV after renouncing PR because they have multiple children in Canada and others are trying to fight to keep their PR status. Renouncing PR because they likely don’t have a good chance of retaining PR and would have to travel through the US to get to Canada doesn’t mean they will not attempt to remain in Canada in the future.

 

[Shakira94]

They should be hiring lawyers. Each sibling will have their own situation evaluated. Highlights IRCC incompetence and incompetence of healthcare system to properly audit residency obligations to receive healthcare since one if not both deliveries should not have been covered. If your sister’s husband has not been with her for all her time in Canada the argument that your sister could not move to Canada without her husband for cultural reasons isn’t consistent. If anything your siblings had little chance of retaining PR but due to IRCC lack of actions some of them have a much better chance now. It’s unclear where all your siblings are currently located after coming to Canada in 2019. If they have not spent a large portion of their time in Canada and have no Canadian children chances are still pretty low. Most would have likely lost PR if they had their applications processed faster. Your parents could still struggle to get a TRV after renouncing PR because they have multiple children in Canada and others are trying to fight to keep their PR status. Renouncing PR because they likely don’t have a good chance of retaining PR and would have to travel through the US to get to Canada doesn’t mean they will not attempt to remain in Canada in the future.

For clarification:

Sister 1: Never applied for a PR renewal because she didn't care. Is in Pakistan. Not waiting for any decision.

Sister 2: Has two Canadian children and is in Canada since July 2023. Has active health cards and was covered for both deliveries.

Sister 3: I'm a citizen and in Canada.

Sister 4: Has just now turned 18 and her decision has also been pending for the past 4 years. Is now ready to come to Canada since she's an adult.

Our parents have already renounced their PRs so can't do anything there then.

 

[Ponga]

Reposting because original got deleted.

This is going to be long. My family and I (2 parents and 4 sisters) became PRs in 2012. Our ages were 24, 22, 18 (me), 8. My parents couldn’t move at the time due to some complications back home and because we’re from Pakistan, our mother wasn’t comfortable sending us alone due to cultural reasons.

During the next 5 years, my older sisters got married. Neither sponsored their husbands because they couldn’t stay in Canada without them (again cultural reasons). In 2017, we decided to apply for PR renewals based on humanitarian grounds. My oldest sister chose not to.

---

In October 2023, IRCC emailed that they’re finally going to revisit their cases and if they have any updated evidence. My older sister stated that she wants to live here with her Canadian children while my younger one stated that she was a minor at the time and literally had zero say and would like a chance.

Your eldest sister likely still has PR status, even though she opted to NOT renew her PR Card in 2017. The PR Card expires; PR status does NOT.

Unless her status has been revoked by IRCC, she still has the right to enter Canada as a PR, at which time she could be reported for non-compliance of her only real obligation to maintain her PR status...to be in Canada for 730 days or more for each rolling 5 year window.

She would need to travel to Canada via the U.S. and enter Canada at a land POE, since commercial carriers require a valid PR Card (or PRTD) for those that do not hold a valid U.S. passport. This would mean that she should remain in Canada for at least 730 days before applying for a renewed PR card.

 

[Shakira94]

Your eldest sister likely still has PR status, even though she opted to NOT renew her PR Card in 2017. The PR Card expires; PR status does NOT.

Unless her status has been revoked by IRCC, she still has the right to enter Canada as a PR, at which time she could be reported for non-compliance of her only real obligation to maintain her PR status...to be in Canada for 730 days or more for each rolling 5 year window.

She would need to travel to Canada via the U.S. and enter Canada at a land POE, since commercial carriers require a valid PR Card (or PRTD) for those that do not hold a valid U.S. passport. This would mean that she should remain in Canada for at least 730 days before applying for a renewed PR card.

My eldest sister actually doesn't care. She's not interested in entering Canada. It's my other two sisters who are waiting for their decisions.

 

[canuck78]

For clarification:

Sister 1: Never applied for a PR renewal because she didn't care. Is in Pakistan. Not waiting for any decision.

Sister 2: Has two Canadian children and is in Canada since July 2023. Has active health cards and was covered for both deliveries.

Sister 3: I'm a citizen and in Canada.

Sister 4: Has just now turned 18 and her decision has also been pending for the past 4 years. Is now ready to come to Canada since she's an adult.

Our parents have already renounced their PRs so can't do anything there then.

Your second sister and her 1st child doesn’t appear to have met the residency requirements to qualify for healthcare in any province so would have had to apply for a new health card every time she returned and she and the baby would have had to remain for 6-12 months each depending on the province and to make that province her permanent home. This is to prevent people from coming to Canada to use healthcare and then leaving. If her health card or her 1 st child’s is ever audited which can take up to a decade to happen she would have to pay for the care she received that she wasn’t entitled to.

Having a valid health card does not mean you are entitled to use health system without paying. You have to meet the residency requirement as well. On all health card applications you agree to meet the residency requirements in order to receive healthcare without a fee. When your sister signed up for a health card for her children in hospital she would have signed a document acknowledging that the baby would meet the residency requirements which meant that she had no intention of leaving the province with the baby for 6-12 months depending on the province.