PR Card Renewal on Humanatarian/Compassionate grounds

[nadeem_12]

Dear Mr. Leon

I need your help in deciding what to do. Me, my wife and 3 children are landed immigrants and our PR card is valid till 13 sept. 2011.
We stayed only for 1 month in Canada after landing and then I came Tawam Hospital, Alain, UAE for my job. I knew that I should go back to Canada for 2 years in 5 years time period to maintain our PR card status. But unfortunately I could not go back until now because during this period my mother was diagnosed for Breast Cancer and since I am working in Tawam Hospital, which is a Cancer treatment specialist hospital, I made all Cancer treatment for my mother during the last three and half years. Here in Tawam Hospital I got exemption of all payments for the treatment of my mother Breast cancer treatment which was a great help for me since Cancer treatment is very expensive.
I have all the reports from Doctors for my mohter cancer treatment.
Now my mother treatment (Sugery, Chemotherapy and Radiation ) is completed and she is fine on 5 years oral medication.
Now I want to go to Canada along with my wife and three children in july 2011 and stay there to get Canadian passport.My PR card will expire in sept 2011.
My query is :
1- Is it possible for me to get renewal of PR card on humanatarian grounds while living in UAE or is it possible to renew my and my family PR card if I resign my job in UAE and go to Canada in july 2011 before the expiry of our PR card.
2-I have evidence of medical reports and Doctors discharge summary for my mother treatment. How can I best present my case for PR card renewa.
3- Should I hire a Lawyer to file my case for PR card renewal or should I apply my self.
I hope you will answer my queries and help me in applying to renew our PR card on Humanatarian grounds. Already I spent so much time , money in getting Canadian immigration , I dont want to loose it.
Thanks

Nadeem

 

[nadeem_12]

forgive for a couple of spell mistakes
Nadeem

 

[Leon]

You can not renew your PR card before you go to Canada. You can try going to Canada with your almost expired PR card, state when you enter that you have been outside Canada almost since you landed and why and see if they want to start proceeding to revoke your PR status in which case you can appeal that based on HC grounds and stay in Canada while your appeal is in process.

If you want to get the advice of a lawyer, I think that is a good idea as well. Go do http://www.canadavisa.com/ and you will find the lawyer who owns this website.

 

[L7]

Do not resign from your current job, however conclude your affairs over here and get few weeks leave.

No need to apply on H&C initially. Go to Canada with your family as your PR cards are still valid.

Do not tell anything to the Immigration Officer at time of landing about your excessive stay outside Canada unless IO ask for it. If IO clears you to enter Canada without any question then stay there for 2 years and after that apply for PR Card renewal.

If IO ask any question of your excessive stay outside Canada then you give your justification in detail if IO clears you its fine else they start process to revoke the immigration and allows you to enter Canada only to appeal for restoration of your immigration, at this time you may consult a lawyer.

 

[jamesbond]

Do not resign from your current job, however conclude your affairs over here and get few weeks leave.

No need to apply on H&C initially. Go to Canada with your family as your PR cards are still valid.

Do not tell anything to the Immigration Officer at time of landing about your excessive stay outside Canada unless IO ask for it. If IO clears you to enter Canada without any question then stay there for 2 years and after that apply for PR Card renewal.

If IO ask any question of your excessive stay outside Canada then you give your justification in detail if IO clears you its fine else they start process to revoke the immigration and allows you to enter Canada only to appeal for restoration of your immigration, at this time you may consult a lawyer.

But his PR will expire in less then a year, so he can't stay there for two years.

 

[L7]

But his PR will expire in less then a year, so he can't stay there for two years.

no one force you to leave Canada, stay there for 2 years and then apply for PR Card renewal.

They count the 2 years stay in Canada from date of apply for PR Renewal request.

 

[AllisonVSC]

jamesbond,

My understanding is that it is okay for your PR card to expire if you are within, and plan to stay in, Canada. The purpose of the PR card is to prove you are a resident at entry, right? So you don't really need it once you've entered.

I've read on the forums that if you are at risk of not meeting your residency obligations (RO), it is advised to not apply for renewal until you have the necessary number of days within the previous 5 years. So L7 is suggesting that, if the OP and his family return to Canada before the card expires and are allowed in without starting the revocation proceedings, that they should stay at least until the meet their RO of 2 years in the previous 5 years from the date the apply to renew. If they stay for 3 then they can apply for citizenship which has no RO.

 

[jamesbond]

I don't think the PR is only for entry.
It's a document that proves that you are legally allowed to stay in Canada.
Once it expires you have to renew (prior to expiration) or leave the country.
I might be wrong.

 

[Leon]

There is no law that says you must always have a valid PR card. Your PR card can expire but you are still a PR as long as you meet the residency requirements. If you stay in Canada, you can renew your PR card any time even if it has been expired for years. If you are outside Canada, you must apply for a travel document to get back to Canada and then you can apply to renew your PR card.

If you apply to renew your PR card or for a travel document without having at least 730 days in Canada in the previous 5 years, they will most likely deny based on you not meeting the residency requirements. You would have the chance to appeal based on H&C reasons. If you make it to Canada on an almost expired PR card, you can wait for two years (until you meet the residency requirements again) and then apply to renew. Immigration policy prevents the visa officers from going back further in time than the last 5 years from the date you apply to renew. They can not say that you have already lost your PR a couple of years ago if you apply only after you have the 2 required years.

 

[AllisonVSC]

I don't think the PR is only for entry.
It's a document that proves that you are legally allowed to stay in Canada.
Once it expires you have to renew (prior to expiration) or leave the country.
I might be wrong.

You might be thinking of temporary residency obligations. Then the rule as you explained it is correct.

 

[nadeem_12]

Thanks for all the responses
what are the documents required to renew PR card for me and my family. I have PR card expiring 13 sep 2011, SIN, Health card, and temporary driving licence, Bank account which I never operated.
I want to renew PR card for me and my family on H&C grounds. How much will it cost if I hire a lawyer to apply on my behalf.
What documentary evidence do I need to submit to apply on H&C (Mothers Cancer Treatment).

Thanks

Nadeem

 

[nadeem_12]

What is the overall significance of SIN card?

Nadeem

 

[Alabaman]

What is the overall significance of SIN card?

Nadeem

Social Insurance Card... for taxes, health insurance, credit, employment eligibility etc.

 

[rizco70]

Nadeem,

As my situation is also similar to yours(travelling 2 months before PR expiry) can you please elaborate on the course of action you took.Were you allowed entry in Canada without being reported or did you went for H & C route for card renewal.

Cheers

 

[eggroup]

This discussion was really very helpful to me.

If I enetered Canada with a valid PR, and my PR expired while I am inside, will I be able to issue my SIN, health insurance, driving license, and other legal documents WITHOUT a valid PR card?

Thanks.