Permanent resident due to come back to Canada, but got sick.

[Restless]

My partner is a permanent resident of Canada since 2002 and lived in Canada 8 years in row, in 2010 he left
to England to his parents home because of some circumstances. Now it is due for him to re enter Canada
in order to keep his residency obligations, but he has got sick and can not travel and resettle back in his condition
right now.
Is there any way to delay his return to Canada, may be a letter to immigration (or where it should go?) with medical note
from a doctor?
What to do in this situation?
If anybody can advise it would be helpful.
Thank you.

 

[zardoz]

You cannot "delay" his return but when he DOES return, if he brings all the required proof of medical inability to return, he probably will not be reported. It had better be really good proof however, such as hospital/doctor reports/letters and the condition will need to have been serious enough to actually prevent him travelling.

 

[Restless]

Thank you zardoz.

 

[Leon]

Assuming that your partner is a UK citizen and therefore visa exempt to Canada, he can jump on a plane any time and head back. Upon returning to Canada, he will likely face questions about how long he was gone etc. The immigration officer could then report him for not meeting the residency requirements. They might also make the decision not to report him.

If he gets in without being reported, he can simply stay in Canada for the next 2 years without leaving or without trying to renew his PR card. After this, he would meet the PR residency requirements again and could apply to renew his PR card without showing any special circumstances.

If he does get reported, he will be allowed to enter Canada and then has 30 days to appeal for his PR. He would have to prove his parents problems that lead him to stay away for so long as well as his own later health problems. If he wins the appeal, he is good. If he loses the appeal, he would lose his PR but you could sponsor him back.

 

[Restless]

Thank you Leon, it makes sense.

We discussed all that and other question derived.

We think, will be it possible for him if he returns to Canada "on time" (not breaking the residency obligations)
and apply for Canadian citizenship right away? He lived in Canada 8 years in row and left for 3 years in 2010.
Other words, can he apply for citizenship without residence obligations breakage but previously being out for 3 years?

 

[Restless]

He considers to make this effort rather then to go through appeal after if gets reported because that is much more nerves taking
process.

 

[scylla]

Thank you Leon, it makes sense.

We discussed all that and other question derived.

We think, will be it possible for him if he returns to Canada "on time" (not breaking the residency obligations)
and apply for Canadian citizenship right away? He lived in Canada 8 years in row and left for 3 years in 2010.
Other words, can he apply for citizenship without residence obligations breakage but previously being out for 3 years?

He doesn't qualify for Canadian citizenship at this time. To qualify for Canadian citizenship he must have physically lived in Canada for three out of the last four years before applying. Since he's been outside of Canada for three years, to qualify for Canadian citizenship, he will have to return to Canada and live in Canada for three straight years before applying for citizenship. It's too bad he didn't apply for citizenship during the 8 years he previously lived in Canada.

 

[Restless]

Thank you scylla
Yeaa, that was a frustrating fact...

 

[Restless]

Just want to cry...

 

[scylla]

Follow the instructions Leon has given you. Given your partner is visa exempt - there's a good chance everything will be fine. Good luck.