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Mar 8, 2018
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Greetings,

I wanted to ask about a situation. I am a permanent resident since July 2015.

I have been working abroad and i was to return to Canada in 2017 after wrapping up my work and other things etc. But unluckily i had a knee surgery after having an injury in March 2017 and had some severe post surgical complications after the surgery in the form of blood clotting i.e. Deep vein thrombosis (DVT) and pulmonary embolism (PE). I am still under treatment and in the process of recovery and rehab. I was not able to return to Canada in either 2017 and might not be able to return in 2018 also as still under treatment and in recovery.

Now this brings me to my query that as a permanent resident, it is obligatory to live inside Canada for atleast 2 years out of 5 years period. What are the implications of this requirement for me and is there a legal way to address this and if i return in 2019 after some good recovery and improvement in my health, as at the moment i am under continued treatment and i dont want to interrupt it. Also in first few months, i wont be having a health coverage over there plus i also cannot live alone at the moment and need someone as an attendant like mother or a partner. If i shift there now, i will have to discontinue my ongoing treatment and also i would have to come alone which is not possible at the moment.

What are the suggestions for me in this scenario and what are the legal options and the residency obligatory requirements and also the exemptions that are available on humanitarian grounds. I have all my medical reports and documentation available with me as proof and they can all be presented at the time of need. Kindly advise me further in this regard.

How possible it will be that i get a success in case i am reported by the immigration officer at the airport at the time of landing again.
 
IMO, the chances of H&C for a personal injury are probably pretty low. You are required to live in Canada 2 years in 5. Obviously, you are now close to being in violation of the RO.You chose to live outside of Canada after landing. It's not as if surgical procedures and care aren't available in Canada, so using that as a basis for H&C probably won't hold much weight. As you still have some time to meet the requirement, I would make every effort to return before July 2018 so you can maintain the requirement.
 
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IMO, the chances of H&C for a personal injury are probably pretty low. You are required to live in Canada 2 years in 5. Obviously, you are now close to being in violation of the RO.You chose to live outside of Canada after landing. It's not as if surgical procedures and care aren't available in Canada, so using that as a basis for H&C probably won't hold much weight. As you still have some time to meet the requirement, I would make every effort to return before July 2018 so you can maintain the requirement.
Thanks a lot dear Buletruck for your instant response. That means i must return before July 2018 in order to be on the safer side and meet the RO and avoid any reporting. Will my case be any stronger than this if i make appeal rather on grounds of my father's sickness who is having advanced prostate cancer since 2015 and that i had to support him financially for his treatment etc. Will it make any difference in this case. Or they can still refuse on the basis that i have other brother back in my home country or other family members to take care of him..

Thanks..