Lost PR card and beiing asked humanitarian and compassionate considerations for residency requirement

[Kalmeshp]

Remember that you aren't out of compliance yet. If you don't actually leave Canada, you're on track to fully comply with the obligation in a year plus change. And the whole point of them coming to meet you is so you can follow the rules and stay in Canada to comply with RO, so ...

I would be surprised if being out of compliance, but being in Canada, were an issue at the border after the TRV was issued. (If it was going to be a problem - which as other posters have implied, is unlikely at all - I'd have thought if anything it'd be with getting the TRVs issued.)

@abff08f4813c understood. The TRV was applied and issued in 2023 when i was not in canada for a week also. I just applied TRV for them just in case if need arises and thats the card i am playing now. Thanks for clarifying.
Would you know whether signed consent letter for a minor is required to submit at border when the minor is travelling with one parent and the other parent(me) is in Canada?

 

[Kalmeshp]

Again:
-once IRCC issues a visa (eg the trv for your spouse and child - if of course they do), border services rarely challenges it unless there is some explicit reason to do so. Even you being out of compliance would not really be a reason to do so (IMO), nor would there likely be notification in THEIR (your spouse's) computer record of YOUR issue. Being out of compliance does not automatically trigger a process to strip PR status.*

Don't overthink it. Not having accumulated the 730 days yet is NOT the same thing as 'not meeting the RO.'

Now the most important:
-if you have done your arithmetic correctly, you are compliant with the residency obligation. You are 'close' - if you leave for eg 12 days you could fall out of compliance - but for now, you are in compliance. (Try not to fall out of compliance! It will make things easier!)
-The representation people have in their minds of 'meeting the RO' (i.e. getting to those 730 days) is basically wrong. There is in compliance and there is not in compliance.
-If you are in compliance at the point your spouse arises, there is, essentially, nothing for them to challenge. (even if you were out of compliance at the point they cross the border, it's pretty unlikely that only being out of compliance would cause an issue for them - don't get lost in the technical weeds)
-To extent IRCC is actually checking your physical presence/RO compliance at this point - that is checking. It's very different from a finding that you're out of compliance, and even further from anything triggering loss of PR status.




* This gets into the weeds a bit, but: the distinction I'm drawing here - somewhat simplified - is being 'out of compliance' (arithmetically, let's say) vs a formal finding that the PR is inadmissible /due to not complying with the residency obligation./ The latter requires a process, including an appeal, where 'other information' than just arithmetic compliance is considered. Point being: when a PR becomes arithmetically out of compliance, they are STILL a PR. Nothing happens automatically - although they could and perhaps do in some contexts 'set a flag', the individual is STILL a PR and are not 'in trouble'. IRCC cannot strip the status without getting more information, being examined, the PR having /some/ opportunity to respond (give reasons that constitute evidence they are compliant by other means - leaving out detail for such reasons here - and/or have reasons that should be considered for compassionate consideration), usually possibility to appeal, etc.

@armoured . Understood. Thank you for the insights. i do have medical reasons of why i could not travel in 2022 till 2025. My daughter was diagnosed with epilepsy(GEFS+) we stayed in india for a better family environment for her and local doctor treatment. it was not an option for me to take them to canada with a known health condition. Infact after her diagnosis i had dropped my plans to come to canada. But since 2025 she is recovered and has been in stable condition. so i moved to canada and started the spousal sponsorship. it is under process.
I would just wait for my PR card and have my family travel on TRV.
Appreciate you for taking time to have been replying. Thanks.

 

[armoured]

@abff08f4813c understood. The TRV was applied and issued in 2023 when i was not in canada for a week also. I just applied TRV for them just in case if need arises and thats the card i am playing now. Thanks for clarifying.
Would you know whether signed consent letter for a minor is required to submit at border when the minor is travelling with one parent and the other parent(me) is in Canada?

So they already have the TRVs and they are still valid? If so, there should be no problem. As far as arriving, they should mainly keep two things in mind: i) don't travel with all of their worldly belongings; amounts carried should be consistent with the length of visit they're claiming (eg six months is normal max). ii) If asked, acknowledge they have PR sponsorship in process - but will only stay as long as they're allowed and then leave. (Everyone knows this means 'we'll stay without leaving if Pr is approved while in country.'

Letters for minors travelling with a parent is usually more about the departing country's controls and sometimes the airlines - some won't ask. In most contexts, a letter from that parent saying roughly 'travel agreed for joining parent in Canada' will be fine, with usual supporting (marriage docs, some evidence of residence, etc). Some places it may be recommended to have a formal notarized permission letter. On the Canadian side when arriving - probably not an issue in the slightest for obvious reasons.

@armoured . Understood. Thank you for the insights. i do have medical reasons of why i could not travel in 2022 till 2025. My daughter was diagnosed with epilepsy(GEFS+) we stayed in india for a better family environment for her and local doctor treatment. it was not an option for me to take them to canada with a known health condition. Infact after her diagnosis i had dropped my plans to come to canada. But since 2025 she is recovered and has been in stable condition. so i moved to canada and started the spousal sponsorship. it is under process.
I would just wait for my PR card and have my family travel on TRV.
Appreciate you for taking time to have been replying. Thanks.

They should be able to come before your PR card issued, up to you whether this fits plans. Obviously be aware of the health insurance issue (routine medical stuff and notably for pre-existing conditions would probably have to be out of pocket with most 'travel insurance' type packages.

Side note: your and daughter's medical issues are exactly the type of reason that PR status under law right now cannot be stripped automatically for being out of compliance. IRCC would have to determine that there are no extenuating circumstances, and medical reasons are amongst the most obvious, before making a PR inadmissible for not complying with the residency obligation. But that's only an example - at this point the key is it has a separate process which is not initiated or completed automatically. Stay in Canada for now and you should be good.

 

[Kalmeshp]

So they already have the TRVs and they are still valid? If so, there should be no problem. As far as arriving, they should mainly keep two things in mind: i) don't travel with all of their worldly belongings; amounts carried should be consistent with the length of visit they're claiming (eg six months is normal max). ii) If asked, acknowledge they have PR sponsorship in process - but will only stay as long as they're allowed and then leave. (Everyone knows this means 'we'll stay without leaving if Pr is approved while in country.'

Letters for minors travelling with a parent is usually more about the departing country's controls and sometimes the airlines - some won't ask. In most contexts, a letter from that parent saying roughly 'travel agreed for joining parent in Canada' will be fine, with usual supporting (marriage docs, some evidence of residence, etc). Some places it may be recommended to have a formal notarized permission letter. On the Canadian side when arriving - probably not an issue in the slightest for obvious reasons.

They should be able to come before your PR card issued, up to you whether this fits plans. Obviously be aware of the health insurance issue (routine medical stuff and notably for pre-existing conditions would probably have to be out of pocket with most 'travel insurance' type packages.

Side note: your and daughter's medical issues are exactly the type of reason that PR status under law right now cannot be stripped automatically for being out of compliance. IRCC would have to determine that there are no extenuating circumstances, and medical reasons are amongst the most obvious, before making a PR inadmissible for not complying with the residency obligation. But that's only an example - at this point the key is it has a separate process which is not initiated or completed automatically. Stay in Canada for now and you should be good.

@armoured Yes. the TRV issued in 2023 valid for 10 years with multiple entries.
I noted your points about insurance and letter. Thanks.