Mothers PR Status

[marutham]

Hi All,
My parents landed in Canada in 2009 November after than they had to make few trips back to country as we find out my dad has some cancer. Though we treated him in Canada and back in our country . My dad started feeling he needs to spend more time with his family and left Canada with my mother.He passed away in 2012 and then onward my mom never came back as she is always like to be her relatives .Now she is thinking to come back as both his sons are here in Canada and no one is really there to look after her. Now her PR card expired 2 yrs back.
Is there a way i can get her PR status back so she can spent some time here with us. I still feel she will go back to her country though she is asking now to come here. Please suggest me a right approach. She is now close to 70 yrs .

Thanks.
Marutham

 

[kateg]

Now her PR card expired 2 yrs back.
Is there a way i can get her PR status back so she can spent some time here with us.

She is still a permanent resident. If she applies to renew her card or get a travel document, she might lose status, but until she gets a hearing, she holds that status.

If she were to apply for the document and lose status, she could then apply for a supervisa, which is a 10-year multiple-entry visa.

First thing is to find out where she stands. To enter, she would need a PR travel document:

http://www.cic.gc.ca/english/information/travel-document/

If she applies, one of two things will happen. One is that it's granted. If that happens, she gets to come as a Permanent Resident and can renew her card. This may depend on Humanitarian and Compassionate grounds, so she can indicate in the application that she was dealing with a dying spouse, and that she's looking to come live with Canadian Family, as she's on her own.

The other is that she's denied. At this point, she's no longer a permanent resident. As long as you have sufficient income and she meets the other requirements, she can apply and come visit.

http://www.cic.gc.ca/english/visit/supervisa.asp

My recommendation is to apply for the PRTD and see what happens. Until you do, she's in a limbo where she's a PR, but unable to actually travel to Canada.

 

[smtele]

Afaik, a PRTD refusal doesn't automatically cause a loss in PR status. One needs to voluntary renounce the PR status through http://www.cic.gc.ca/english/information/applications/guides/5781ETOC.asp, or an officer might ask to renounce it at the port of entry.

 

[PMM]

HI

Afaik, a PRTD refusal doesn't automatically cause a loss in PR status. One needs to voluntary renounce the PR status through http://www.cic.gc.ca/english/information/applications/guides/5781ETOC.asp, or an officer might ask to renounce it at the port of entry.

1, If you apply for a PRTD and are refused, your PR status ends. You have to appeal and win to retain your Pr status.

 

[kateg]

Afaik, a PRTD refusal doesn't automatically cause a loss in PR status. One needs to voluntary renounce the PR status through http://www.cic.gc.ca/english/information/applications/guides/5781ETOC.asp, or an officer might ask to renounce it at the port of entry.

That would be incorrect. If you read OP-10 (the enforcement manual):

Unlike the Immigration Act, the criteria in IRPA for loss of status require that an officer
conduct a determination of the residency obligation under A28 before loss of status can occur.
Outside of Canada, the loss of status occurs when the appeal period of 60 days expires, in the
case of a person who does not challenge a negative residency obligation determination
[A46(1)(b)].