In Canada and unable to meet 730 days due to divorce outside canada, but need to leave now since my father is suddenly ill

[Lily84]

Hi,
I became a PR holder in 2016 march and was in Canada till 2017 September. Due to mental harassment and depression, I went back to my native country in 2017 Sep. The divorce case was heard for 3 years and I got the decision 2021 Jan. In the final stage of my legal case, I wanted to come to Canada to have the physical presence last year, but due to covid 19 and my mother country was a lockdown and I couldn't come.
But I came last month, that is 17th March, and am currently in Canada, and I got to know my father got positive for covid 19 and I have to leave Canada as soon as possible.
I have to stay at least 150 days to meet the 730 days, and since my PR card is expired, I will have to request a PRTD, but I haven't met the required days.

Please, I really need your advice on how can I request a PRTD on an H&C basis. Are there any renowned lawyers/consultants who handle such issues?

 

[steaky]

What's the point of returning? Let the medical take of him until he is recovered.

 

[armoured]

I became a PR holder in 2016 march and was in Canada till 2017 September. Due to mental harassment and depression, I went back to my native country in 2017 Sep. The divorce case was heard for 3 years and I got the decision 2021 Jan.
...
But I came last month, that is 17th March, and am currently in Canada, and I got to know my father got positive for covid 19 and I have to leave Canada as soon as possible.
I have to stay at least 150 days to meet the 730 days, and since my PR card is expired, I will have to request a PRTD, but I haven't met the required days.

Sympathies on your father's illness.

For clarity only, on your days required: you are now in the five-year rolling phase and days you were in Canada in 2016 (and later in 2017) will no longer count towards your physical presence requirement as the calendar progresses. You will need to stay in Canada quite a bit longer than 150 days to get back in compliance.

If I understand your dates above correctly, I don't believe you can get back in compliance with the RO until March 2023 (assuming not leaving until then).

[Right now every day you stay, you gain one physical presence day but also lose one - and that will continue until five years from September 2017 (sept 2022).]

I don't have advice on lawyers for PRTD. This site is sponsored by a legal firm.

 

[canuck78]

Canada is a big country so you could have relocated to the other end of the country and get divorced in Canada rather than remaining in your home country for 3 years. When did you return to Canada? Very few countries have been in total lockdown since covid. Impossible for any of us to say what will happen with your PRTD application based on H&C. Processing usually takes many months so I would make sure you are prepared to wait when you return to your home country. I hope your father returns to good health.