Permanent Residency Obligations - Parents

[vivek901]

We as a family landed in Canada in 2009 (my dad was the primary applicant) under FSW category. It used to take around 8 years at that time. So he applied in 2001 and got the visa in 2009. By the time he reached Canada he was 58 and it was recession as well. So my parents went back within a month in 2009. I also went back and then came in 2011..and now here (I have told my story before and some of you would know about it). My brother and myself (we dont have other siblings) both married now are here in Canada and are Citizens. My parents came and lived here for a year in 2013-2014 and went back as they wanted to get my brother married and it was getting difficult to organize that in Canada and now he is also married.

Now coming to the point, we are thinking and even parents dont mind coming back to Canada. But their PR cards have expired.

PR CARD VALIDITY- 2009 June - 2014 May (5 years). Time stayed in Canada during this time frame 16 months.

Current Status- PR card expired and it has been 16 months since expiry.

So if they want to enter Canada these are the options I have,

1. Fly them to Buffalo (They have multiple entry US visitor visa) and cross the border on Land as for land crossing on private vehicle landing papers are good enough and then apply for PR card on H&C grounds once they are inside canada

2. Apply for Returning resident permit in New Delhi office and explore that possibility but I am afraid the chances of getting that in new delhi is quite slim

3. Sponsor parents again- Seems to be a long route.

If you guys have any other thoughts please let me know.

 

[keesio]

#1 is best option. But since they fail to meet RO, there is a chance CBSA will report them to CIC to investigate and possibly revoke their PR status. They will be let in regardless. The question is if they are reported. If the are let in without being reported, they will be lucky and if they wait until they meet RO, then they can apply for a PR card. They should NOT apply sooner than that otherwise again it will cause CIC to investigate them. And H&C will not work because CIC will not accept the reasons you provided on why they were abroad.

#2 will not work since they don't meet their RO. When you apply for a travel document, CIC will investigate your RO in the same manner as I mentioned above and potentially lose their PR status

#3 will work only after they had their PR revoked. And yes, that is the long way.

I'd recommend they try #1 and hope for the best (allowed into Canada without being reported). They can get lucky and get an easy going CBSA officer. But it is all luck. No one can tell you what the chances of success will be.

 

[vivek901]

Yes even i think that option 1 is the best. Worst case scenario they will be let in with a temporary permit and may be a visitor visa will need to be applied.

 

[keesio]

Yes even i think that option 1 is the best. Worst case scenario they will be let in with a temporary permit and may be a visitor visa will need to be applied.

No, they will be let in as a PR. The question is if CBSA reports them. But they will be let as a PR and can stay as a PR until CIC strips them of it (if they decide to take any action) and even then they can appeal the decision.

 

[Leon]

As they are PR's for more than 5 years, the only period that is considered for time spent in Canada is the past 5 years. Time spent in Canada more than 5 years ago is no longer considered.

1. is still the best option for them at the moment. As others have said, if they are allowed to enter without being reported, the best thing would be to stay until they meet the RO and then apply to renew their cards. They need at least 730 days (24 months) in Canada in the past 5 years before they apply.

If they do get reported, they can appeal on humanitarian grounds. I am not sure what their chances are. It's not like they have zero days in Canada in the past 5 years but it is generally not considered humanitarian grounds when you choose not to live in Canada nor that adult children need their parents around. They should continue to stay in Canada if they appeal because if they are close, staying will show that they are serious about their appeal and leaving would show that they are not. If they lose the appeal a couple of years later, you or your brother can see about sponsoring them for a super visa and possibly eventually for PR although as you say, it is taking long these days and they have a quota on parents now.