Pls advise on my case .. dear members

[murug100]

My wife and I are PR of Canada since 2010. we landed in Canada on May 5 , 2010. I stayed there for a month while my wife returned back within a week . My wife left on May 9 and I left Canada on May 29. We had stayed outside Canada since then to take care of my ailing mother who is 75 years old. Even now We do not have any one to take care of my mother . We have found a care taker for my mother and now we would like to return back to Canada to maintain our residency obligation. My questions are:
1) Can my wife enter without any problem at the airport as she is short of 30 days if we calculate the immediate 5 years after the date of landing.
2) If i enter i understand from all your posts that I have stay at a stretch for 2 years to maintain PR .isnt?
3)In case of any medical emergency for my mother can i return for a week or so to see my mother. Will there be any problem in re entering Canada then.
4) Or can I inform CIC if I have to leave for my mother medical emergency so that I can enter back without being questioned . Is there any option like informing CIC ...

Pls help ... Ur reply would help me a lot
Thanks

 

[Msafiri]

My wife and I are PR of Canada since 2010. we landed in Canada on May 5 , 2010. I stayed there for a month while my wife returned back within a week . My wife left on May 9 and I left Canada on May 29. We had stayed outside Canada since then to take care of my ailing mother who is 75 years old. Even now We do not have any one to take care of my mother . We have found a care taker for my mother and now we would like to return back to Canada to maintain our residency obligation......

If this ever went to court due to Residence Obligation issues CIC would ask - so in 3 years you have not been able to make arrangements for the care of your mother but now at the 3 year mark you all over suddenly found a carer? If you have other relatives back home that could have taken care of your mother? The nature of your mother's ailment? Have you/your spouse returned to your previous employer in this duration?

.....
1) Can my wife enter without any problem at the airport as she is short of 30 days if we calculate the immediate 5 years after the date of landing.
2) If i enter i understand from all your posts that I have stay at a stretch for 2 years to maintain PR .isnt?
3)In case of any medical emergency for my mother can i return for a week or so to see my mother. Will there be any problem in re entering Canada then.
4) Or can I inform CIC if I have to leave for my mother medical emergency so that I can enter back without being questioned . Is there any option like informing CIC ...

1. Depends who she finds at the port of entry..CBSA agent may decide to review her Residence Obligation in detail including if she can make 730 days by May 5, 2015. From threads on the forum most PRs re-entering with a valid PR Card seem to be let in ok or if not are given a stern lecture about being careful and keep a count of days. The more time you have left to PR Card expiry the more easier it would be not draw attention to a shortfall in days. With your very short stay in Canada did you wait for your PR Cards to be issued?

2. Yes you must remain in Canada for 2 years straight. You can then apply for a new PR Card. Do not apply before you get 730 days unless you intend to use your mum's ailments as a H&C reason for the shortfall of days. Make sure you apply for your Provincial Health Card, SIN and Driving Licence during the validity of the PR Card.

3. Nothing to stop you leaving Canada but re-entering will be as per 1. You may get reported. If your PR Card has expired and you are yet to get a new one then you would have to apply for a Travel Document at an overseas visa post. Applying for a TD when you don't meet the RO is plain asking for trouble unless your H&C reasons are solid.

4. No you can't inform CIC in advance that's not how it works. You use your PR Card if valid, apply for a TD for re-entry if you leave without a PR Card on H&C grounds for any shortfall of days or sit tight until you have a valid PR Card.

Note if you never got PR Cards and are not visa exempt then you need to apply for a Travel Document unless you have US visas and can enter via a land border crossing. Applying for a TD involves a detailed review of your RO so if you can't meet it expect a refusal unless you include your H&C reason.

 

[Leon]

1) Nobody can guarantee that you or wife can enter without a problem. You deal with immigration when you arrive and they give you trouble.. or not. If they do, make sure you say that you have been taking care of your sick mother back home and that you are ready to prove that if necessary.

2) Yes. You should not apply to renew the PR card until you have 730 days in the past 5 years.

3) Every time you leave, you risk that you may have a problem re-entering Canada.

4) No, if your PR card is expired at the time you want to return, you apply for a travel document on H&C grounds. If you are refused and lose your PR, your wife should wait until she has her 2 years and then she can apply to sponsor you as she will then meet the residency obligation herself. She should not leave or apply to renew her PR card or apply to sponsor you or apply for anything else from immigration until she has 730 days in the past 5 yrs.

 

[murug100]

when we landed the first time we just came in to see how it is all about to settle in Canada ... when I returned after a month i collected both our PR cards with the aim that we would be returning any sooner after settling things back in the home country ... It was not all of a sudden my mother fell sick...she has multiple problems right form the age of 45 ... she has compression fracture in her backbone which happend few years back ..and lot more ailments for which we admit her on anf off in the hospital for which we have records... of late(last year) she has been diagonised with breast cancer ... for which doctors are hesitant to treat her considering her age and the multiple correelated problems and her immunity towards it all.. meanwhile i could have sent my wife but my wife got pregnant last year and we have a 6 month old baby for whom we have applied TRV because of which she was not able to enter alone .. of late we atleast want to save our PR .. so finally half heartedly decided to find a care taker ...none of my relatives are willing to take care of my mother ...


kindly share your ideas as how could we save our PR ... i would definitely have to come back to see my mother inbetween ... pls share ur views

 

[Leon]

.. meanwhile i could have sent my wife but my wife got pregnant last year and we have a 6 month old baby for whom we have applied TRV because of which she was not able to enter alone ..

A non-PR baby will really put a kink into your ability to enter Canada silently with a still valid PR card and stay for 2 solid years. The reason is that when you arrive in Canada and try to sponsor your baby, immigration will see clearly from your address history that you do not meet the residency requirements and this can cause them to delay the application, call you in for an interview, request proof of your situation with your mother etc. etc.

 

[murug100]

but then do we not still have 2 years to meet the PR OB. how will they come to a conclusion that we will not meet the Resi OB befor even before starting to meet it . atleast i ll have two years to meet the obligation even if not my wife ... can this help me to apply for my child 's sponsor . pls advise

my details :
landed on may 5 2010
left on may 29 2010
Pr card validity date june 12 2015
planning to reenter with my wife on June 1 2013
Spouse details:
landed on may 5 2010
left on may 9 2010
Pr card validity date june 12 2015
If we manage to enter what are the possibilities to sponsor ? what hiccups we might face during the process..

is it possible to sponsor with only my PR details without including my spouse details

 

[Leon]

If you left on May 29th 2010 and are returning on June 1st 2013, you have been outside Canada for more than 3 years so even though you are closer to being able to meet the residency requirements than your wife, you are still two days short. Yes, you could apply to sponsor yourself but if there is a medical emergency and you have to leave and immigration calls you for an interview because of your sponsorship and finds that in spite of being 2 days short already, you have left Canada again, that might be touchy.

The definition of meeting the residency requirements is that if you are a PR for less than 5 years that you can meet them in your first 5 years. If you have already been outside Canada for more than 3 years, you are unable to meet them.