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Humanitarian Grounds

zardoz

VIP Member
Feb 2, 2013
13,304
2,166
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
These are decided on a case by case basis. I don't think there is an absolute list.

Give more details about your question and then maybe we can offer more information or point you at similar cases.
 

popstar11

Newbie
Apr 5, 2013
6
0
My card expired in 2012. In 2011 I had a heart attack. This can be an extension of the residency on humanitarian grounds? Especially for this reason are medically retired since then ... so I'm not allowed to work?
 

zardoz

VIP Member
Feb 2, 2013
13,304
2,166
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
How many days did you have in Canada before your card expired? You only need to have 730 days in the 5 years immediately before applying for either a Travel Document or a replacement PR card.

You need to tell us if you are currently in Canada or if you require a visa to travel to Canada.
It's possible that you don't need to invoke humanitarian grounds at all.
You may be able to re-enter Canada using a land crossing from the USA using your expired card. There are lots of threads on this subject here on the forum. "Leon" seems to be the resident guru on the subject.

Please offer a lot more details on your timeline etc.
If you want to try humanitarian grounds, you will need to demonstrate exactly why it was impossible for you to comply with the Residency Obligations, for example, physically unable to travel for the whole period...
 

popstar11

Newbie
Apr 5, 2013
6
0
Here is my situation. I moved in May 2007. I stayed in Canada with few interruptions until July 2009 when I went to Europe. When I left I had the 730 days required to receive resident at return, I planned to return in 2012. I filed tax returns for the years 2008, 2009, and had a friend that I filed tax declaration for me in 2010. In 2011 I had a heart attack. Since then I am medically retired so I m incapable to work, What do you think? Qualify for Humanitarian grounds?
 

zardoz

VIP Member
Feb 2, 2013
13,304
2,166
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
OK, I'm having problems with the maths here but it seems to me that you don't have any possibility of having the required number of days to qualify. Any days before 13 April 2008 have been lost. That would make it about 450 days (ish) that you have towards the RO.

Also, the inability to work (medically retired) as far as I can see from what you have said so far, has not prevented you from physically returning to Canada before your PR card expired. The tax returns are of no consequence as far as I am aware. I suspect that you will have difficulty demonstrating a humanitarian defence if they decide to revoke PR status.

Your best bet is to enter via a land border from the USA and see what happens, if that is possible for you. If you need to apply for a Travel Document, you are looking at a hard battle.
 

Msafiri

Champion Member
Nov 18, 2012
2,667
104
Job Offer........
Pre-Assessed..
popstar11 said:
Here is my situation. I moved in May 2007. I stayed in Canada with few interruptions until July 2009 when I went to Europe. When I left I had the 730 days required to receive resident at return, I planned to return in 2012. I filed tax returns for the years 2008, 2009, and had a friend that I filed tax declaration for me in 2010. In 2011 I had a heart attack. Since then I am medically retired so I m incapable to work, What do you think? Qualify for Humanitarian grounds?
1. What was the reason for moving to Europe?

2. Heart attacks are of differing severity depending on type and your medical situation, age, gender etc. If it was bad enough to prevent travel and you can document it with detailed and conclusive medical evidence your TD application will be ok.

3. If you are visitor visa exempt then fly back and take your chances at the airport. If non visitor visa exempt enter via a land border...dealing with a TD rejection is a major hassle...most people put little in the way of evidence in their application then get stressed out when its refused.

Good luck
 

bonaddictus

Star Member
Mar 14, 2008
179
6
Category........
Visa Office......
CEM
Job Offer........
Pre-Assessed..
App. Filed.......
Sept 12, 2015
AOR Received.
Sept 15, 2015
File Transfer...
Sept. 25, 2015
Med's Request
Upfront
Med's Done....
Aug 2015
Interview........
waived
Passport Req..
May 11, 2016
VISA ISSUED...
June 4, 2016
LANDED..........
July 2, 2016
when shoul we start counting for the days that need to be completed for 730 days requirement?