Need help for Humanitarian and compassionate grounds for PRTD

[SHENJUTI]

Hi,

My in laws got PR in 2018 and stayed here for 7 months. They had to leave due to some personal financial issues. Then COVID started and they couldn't come due to COVID and some physical issues. Therefore they lost residency obligations as couldn't stay for 730 days within 5 years.
Now we want them to come here and stay because there is nobody to take care of them in back home. As elderly senior, they need our help and support.

How I can present my case for H&C ground. Please share your thoughts.

 

[Naturgrl]

Why couldn't they come during COVID? They had five years, and now it has been 8 years so why have they waited so long?

Do year by year timelines with documentation on why the couldn't come to Canada, even for a few months. COVID is not a reason because they could enter Canada. So get medical notes and reports.

 

[canuck78]

Hi,

My in laws got PR in 2018 and stayed here for 7 months. They had to leave due to some personal financial issues. Then COVID started and they couldn't come due to COVID and some physical issues. Therefore they lost residency obligations as couldn't stay for 730 days within 5 years.
Now we want them to come here and stay because there is nobody to take care of them in back home. As elderly senior, they need our help and support.

How I can present my case for H&C ground. Please share your thoughts.

Not having someone to care for them is not enough because they have each other, you can pay for help in their home country and they haven’t made returning to Canada and maintaining their RO a priority for 8 years. A small percentage of parents/grandparents who want to obtain PR will be able to secure PR so anyone immigrating to Canada had to have had a plan B for longterm care in their home country if their parents were never able to obtain PR. Assume they got PR through PGP so you were supposed to be prepared to support them financially. Unless they have a US visa they will have to start with applying for a PRTD based on H&C to try to travel back to Canada. Processing can often take up to a year. Although there may have been a short window when travel may not have been possible due to Covid as PRs they could have returned to Canada at any time. You will have to provide significant and detailed documentation as to what they have been doing for the past 6-8 years that prevented them from returning to Canada. Although every year is important why they couldn’t return to Canada for the past 5 years will be especially important. They would have been aware that they were not compliant with their RO for around 5 years which is a long time. If they have a US visa and are able to enter Canada without being reported and without a valid PR card they may struggle to get a health card. Even if they have a valid health card they will not have meant the provincial residency obligation to be eligible for provincial health coverage and will have to reapply.