Not able to meet residency obligations due to health Issues

[salindia]

I have received my Canadian PR on 7 June 2011 through federal skilled worker program. I have been in canada for around 45 days only since then. Unfortunately, in Sept 2011, I fell very sick. From 2011 to present, I am still recovering from the medical condition. I haven't worked during this period to focus completely on my health. All this is very unfortunate. But good news is that I can recover from the medical condition completely in next 6-12 months and I expect to be in great health by end of medical program. From Sept 2011 to April 2013 I was in USA and from April 2013 to present I am in India at my home to keep expenditures low while I fully recover and start working. Cost of living in India is much lower than USA or Canada. Also, I can take care of my mother in India as my father passed away last year.

As we know, I can only be out of canada for 3 years in 5 years to maintain PR. Which means I should return to canada before end of June 2014. This can be a problem as I am still recovering. I would like to know what can be done on compassionate and humane grounds so that I can keep my PR in canada even if it takes more time for me to recover. I want to immigrate to canada when I am fully recovered and healthy and ready to work so that I can pay myself for my expenditures.

Also, when I am back in canada in good health, I would like my mom to be with me as she is now dependent on me as my father passed away. Please let me know how can I apply for her PR or Super Visa and keep my PR alive until I recover fully.

I know there are expert members on this forum. I would like to kindly request them for guidance so that I can work in advance to keep my PR alive

 

[Leon]

You can not apply for H&C grounds in advance. If your PR card is still valid when you want to return to Canada, the method to return would be to simply do it and deal with immigration upon your arrival. You can bring with you documents about your medical issues and they will decide if they will let you enter or report you for not meeting the residency obligation.

If they let you enter without reporting, you can simply stay for two years straight without applying to renew your PR card and without applying for anything else from immigration. The 2 years will put your PR back in good standing and you could renew your PR card after that.

If you get reported, you can stay in Canada while you wait for your appeal which can take 1-2 years as far as I have heard.

If you want your mother to travel with you, the best way would be to apply for her visit visa initially. She could get up to 6 months which you can apply to extend later on. The benefits of a super visa is that she would be able to stay for up to 2 years but in order to apply for a super visa, you need to fulfill some requirements on income etc. You can apply for a super visa later once you are in Canada and meet the requirements.

In order to sponsor your mother for PR, you need to meet income requirements for the past 3 tax years so you would not be able to sponsor your mother for PR until you meet those.

 

[salindia]

Thanks Leon. If I show funds enough to take care of my mother say 70K something, will that help applying for my mother's supervisa? I didn't work since Sept 2011 but I do have investment income totaling 100K USD.

Also, do you think talking with a Canadian immigration lawyer will help? Since I know in advance that my PR obligations will be in trouble due to health condition, it looks logical to work with canadian immigration authorities in advance to preserve it. If lawyer can send some letter to Canadian immigration office and get a letter in return to authorize my entry, won't that be great?

Also, about super visa - Can I renew it again after 2 years after my mother visits india and wishes to get back in few days or there is some waiting period?

I really appreciate your help.

Thanks
Sal

 

[scylla]

Thanks Leon. If I show funds enough to take care of my mother say 70K something, will that help applying for my mother's supervisa? I didn't work since Sept 2011 but I do have investment income totaling 100K USD.

You need to have a job and be making an income in Canada to qualify to sponsor your mother for the super visa. So no - unfortunately having savings / funds won't help. So if you want to bring your mother over soon after you return to Canada, then getting a job that meets the low income cut off should be your priority.

And yes - you can apply to renew / extend the super visa.

 

[scylla]

Also, do you think talking with a Canadian immigration lawyer will help? Since I know in advance that my PR obligations will be in trouble due to health condition, it looks logical to work with canadian immigration authorities in advance to preserve it. If lawyer can send some letter to Canadian immigration office and get a letter in return to authorize my entry, won't that be great?

It would be great - but unfortunately no such process exists and it's not possible to obtain such a letter from Canadian immigration (even with the help of a lawyer).

Leon has already outlined your options. To have the highest possible chance of retaining your PR status, you should return before your PR card expires - and ideally return as soon as you can (in June if possible).

 

[salindia]

hmm. Thanks Scylla.

If I apply for 10 year multiple entry visa for my mother, can she come back in Canada in few days after 6 months? or she must spend minimum time outside before entering back?

Sal

 

[Leon]

hmm. Thanks Scylla.

If I apply for 10 year multiple entry visa for my mother, can she come back in Canada in few days after 6 months? or she must spend minimum time outside before entering back?

Sal

A rule of thumb for visiting is spending at least the same amount of time outside as inside. There is however the option of extending a visit visa without leaving. After 5 months, you can apply to extend her visit visa showing proof of your income, saying that you are supporting her, showing proof of her emergency and accident insurance and asking for an extension based on that she wants to stay with you a little longer. She is allowed to stay at least until they tell her yes or no. In case they say no, she would have to go home but could come back after 6 months if she has a multiple entry visa. If they say yes, she will likely be given another 6 months and she could apply to extend again before they are up.

 

[salindia]

Thanks.

I still feel I can apply H&C in advance as it's more logical both for me and Canadian govt. I'll talk to a canadian lawyer and see what he says.

Sal

 

[salindia]

In order to sponsor your mother for PR, you need to meet income requirements for the past 3 tax years so you would not be able to sponsor your mother for PR until you meet those.

Leon - Does this income has to be from Canadian sources?

Thanks in advance.

 

[scylla]

Leon - Does this income has to be from Canadian sources?

Thanks in advance.

Yes - it has to be from Canadian sources.

 

[Leon]

Thanks.

I still feel I can apply H&C in advance as it's more logical both for me and Canadian govt. I'll talk to a canadian lawyer and see what he says.

Sal

Do that. Please report back here what they say as it may help others.