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monamona

Newbie
Sep 18, 2013
2
0
Good day to the forum members,
I am looking to find a solution to our family's situation.
I am a Canadian citizen married to Canadian citizen and have processed my parent's PR status under Sponsorship program. They have entered the country as landed immigrants in April 2011 and now hold Canadian SIN cards, driving license and PR cards which are expiring in May 2016. We have been hoping and trying to reunite as a family later on in life when my parents are older and will need my help and support as I am the only child, but even though the documents took 5 years to be processed and approved, the date of landing came earlier than expected.
My mother is a woman who is currently receiving treatment for their health condition in her native country and my father is still employed, going to be retired in 2014. So basically, after landing here according to the requirement, they have left Canada and went back to their native country intending to come back later on, when my father is retired and when they have financial ability to stay in Canada on their using his pension pay. He is retiring in October 2014. They would ideally like to move here upon my father's retirement, approximately several months prior to the PR card expiration date.
My fear and major concern is that they will not be meeting the requirement of 730 days in Canada within 5 years period (from the moment they have became landed immigrants) when they move here and I am not sure if they will be forced to leave the country and will lose their status and ability to live here for good.
My question is – can immigration Canada find out if they are missing 730 days count to fulfill the residency requirement? Can people extend their PR cards while in Canada but the when the cards are expired and the requirement of 730 is not met.
Will they be able to travel outside of Canada once their PR card is expired? At that point should they try to renew it or that will jeopardise their status?
I am very sad and desperate so any reliable advise or shared experience will be much appreciated.
Thank you very much.
 
They should try to visit you in Canada at least every year. That way, when they enter, the immigration officer will ask how long they were gone and they can always say one year and it will be true.

If the immigration officer suspects that they are at the point that they will be unable to meet the residency requirements, they can report them as they enter Canada and make them appeal for their PR. They could give your mothers medical grounds for not having been able to live in Canada. Depending on what kind of treatment she is undergoing, immigration could however say that this treatment is available in Canada too so that is not a reason. Your father having to keep his job will not be a good excuse. If they lose the appeal, they would lose their PR. You may however be able to sponsor them again provided that you have enough income and they pass the medicals.

If they are able to enter Canada without being reported for that last time they are finally ready to move, they could let their PR cards expire and sit tight for 2 years at which time they will meet the residency requirements again and only then apply to renew their PR cards. This would of course mean that they would not be able to travel for 2 years.

If they were not reported on entry and did not attract immigration attention during the time they are staying in Canada without meeting the residency obligation, immigration can not go back in time later and give them trouble for the past if they have in the meantime managed to fulfill their obligation. If they apply for a PR card renewal once they have 2 years out of the previous 5 in Canada, immigration would have to renew their PR cards.
 
Thank you so much for your answer, this helps a lot.
But I have an additional question - what happens with the OHIP card?
If I understand correctly, they could enter the country and seat tight and basically undetected for 2 years, but does that mean that they will be able to still keep their OHIP and driving license?
Otherwise, I guess we are talking about a huge potential risk of having elderly without any medical coverage for at least a year period?
Thank you in advance for your kind advise and for your will to share your knowledge and experience with others. Much appreciated.
 
To maintain OHIP coverage, they must live in Canada for 153 days out of every 12 month period. If they don't meet this residency obligation, then they should expect to lose their OHIP coverage. To get their OHIP coverage reinstated, they would have to return to Canada and live in Canada for three months before OHIP coverage will be restarted.

http://www.health.gov.on.ca/en/public/publications/ohip/travel.aspx

If they are not prepared to meet this residency obligation, then they should purchase medical insurance to cover themselves in the event of an emergency.