Parents PR Expiring Need to Plan

[SevSav]

Hello,

My Parents PR is expiring in Jan 2024. They returned to India in Mar 2019, and have been here since then. They could not go back because of Covid restrictions and impact on Senior Citizens. Their PR was renewed in 2019, they have it since 2014. My Questions:

1. Although they travelled in mar 2019, their PR is expiring in Jan 2024, if I send them in Mar 2022, will their be a problem to renew in 2024 Their Card Expiry will leave them with less than 730 days, but RO will be more than 730 days

2. Can I delay their travel to say later Aug/Sep 2022, to avoid current Covid Wave. Their Car expiry and RO both will be less than 730 days, but instead of renewing it March 2024 I will renew it in Aug/Sep 2024, will that cause any issue?

Thanks,

Vineet

 

[armoured]

My Parents PR is expiring in Jan 2024. They returned to India in Mar 2019, and have been here since then. They could not go back because of Covid restrictions and impact on Senior Citizens. Their PR was renewed in 2019, they have it since 2014. My Questions:

1. Although they travelled in mar 2019, their PR is expiring in Jan 2024, if I send them in Mar 2022, will their be a problem to renew in 2024 Their Card Expiry will leave them with less than 730 days, but RO will be more than 730 days

2. Can I delay their travel to say later Aug/Sep 2022, to avoid current Covid Wave. Their Car expiry and RO both will be less than 730 days, but instead of renewing it March 2024 I will renew it in Aug/Sep 2024, will that cause any issue?

I won't attempt to understand specific of their dates and travel. Comments on res obligation below.

But specific point: it is okay if their PR cards expire while they are in Canada. PRs can live in Canada many years without valid PR cards. The main issue is that without a valid PR card, they will not be able to board a plane to Canada. Important here because if the card should expire while they are in Canada, they can just wait until they are in compliance with the RO before applying for a new card.

The RO rule is relatively simple: at any point they are examined (typically crossing a border or applying to renew card etc) they must have been in Canada at least 730 days of the five years prior to that date of examination. (If easier to calculate, have been outside of Canada less than 1095 days).

If they don't, ie they enter Canada when not in compliance, they could be reported (process started to revoke PR status, subject to appeal). Yes, there is a decent chance that covid will be considered a reason to let them in and not report them (an H&C reason).

No-one can tell you what the chances are, etc. The only 100% certain way to avoid being reported is to remain in compliance.

 

[SevSav]

The RO rule is relatively simple: at any point they are examined (typically crossing a border or applying to renew card etc) they must have been in Canada at least 730 days of the five years prior to that date of examination. (If easier to calculate, have been outside of Canada less than 1095 days).

If they don't, ie they enter Canada when not in compliance, they could be reported (process started to revoke PR status, subject to appeal). Yes, there is a decent chance that covid will be considered a reason to let them in and not report them (an H&C reason).

No-one can tell you what the chances are, etc. The only 100% certain way to avoid being reported is to remain in compliance.

Thanks, so if they have stayed for more than 1095 days outside Canada, then at the time of entering Canada, they theoretically can be reported for revocation of PR, correct?

 

[armoured]

Thanks, so if they have stayed for more than 1095 days outside Canada, then at the time of entering Canada, they theoretically can be reported for revocation of PR, correct?

Yes.

How likely that is - that's a different matter. One day out of compliance - small. Two days out - slightly less small. Etc.

Dont' get me wrong - covid is a reason and likely would be given some real, non-zero weight. But a risk is a risk, and probability of occurrence has to be weighed against severity of consequences. Only you/they can decide.