PR Card will expire next year but I need to travel urgently-residency obligation

[omas]

Dears,

My family and I got our PR cards on 2010 and it expires on November 2015. Up to date, we have spend almost 115 days in Canada due to my work. Last week, we returned back to Canada to fulfill the residency requirement and we were planning to stay until we get our citizenship.

If we stay without going out of the country till November 2015, then we can renew our PR Cards without any problem which may also leads us to get citizenship after a year.

Our problem is, we have recently received a call from my mother-in-law that she fell from stairs and broke her leg. My wife wants to go there to take care of her mother for at least 2, or max 3 months until she gets well, then she will bring her to Canada with us (Mother-in-law has 8 years Canadian visa). But if my wife goes out of Canada, we don't know what may happen when she returns back within 2 months. CBSA officer can make problem? Is there a way of doing this right? Can we right a letter to CIC for information and/or ask their permission to go out of the country for two-three months and return without any problem?

I need your advise please.

Thanks...
Omas

 

[zardoz]

If your don't meet the residency obligations, there is always a risk involved in leaving the country. There is also no way to ask CIC for permission to not comply with the residency obligations.

It is questionable if the circumstances that you describe would be considered under H&C, given that you have already spent a large amount of time away from Canada for "economic" reasons..

The simple answer is that your wife is taking a chance. It might be OK, or it might not.

 

[omas]

Our PR Card is going to expire on November 2014.
If my wife enters Canada in May 2014, still there will be one year and 6 months to expire the PR Card and considering we have spend almost 4 months in Canada, is there still a risk of losing our PR Card for 2 months?

How is it Possible a CBSA officer can determine at POE whether she still complies with residency obligations or not? or can he report her for through examination?

Isn't it gonna work even she bring a medical report about her mothers broken leg?

I was really hoping that the Immigration Office will understand the situation because she is asking this from within the country not from outside and considering that we still have considerable time for expiration of our PR Cards.

 

[Leon]

You either meet the RO or you don't. You can't say you almost meet it because you are missing 2 months. Some other guy will say almost because he is only missing 3, the next guy missing 4 etc.

Basically it is always a risk to leave and re-enter when you don't meet the RO. Nobody can guarantee you that she will not get reported. However, if she does get reported, she can stay in Canada during her appeal and if she eventually loses her appeal, you can sponsor her again once you meet the RO yourself. That is unless they assume that you both don't meet the RO and start investigating you as well.

It would be best to let the mama with the broken leg depend on other relatives / friends or a hired nurse until she can travel. The airline will help with wheelchair and boarding assistance. It shouldn't be a big problem.

 

[zardoz]

A couple of things...

The count for the residency obligations starts on the day you landed as a PR.
It doesn't matter what the expiry date of the PR card is. She must be able to accumulate 730 days of physical residency within the 1825 days from the date of "landing".

If the officer at the Point of Entry has reason to suspect that the residency obligations have not or cannot be complied with, they can report or refer.. The choice is theirs.
See http://www.cic.gc.ca/english/resources/manuals/enf/enf04-eng.pdf - Section 11.

It is questionable whether a "broken leg" would be sufficient grounds for an appeal based on H&C. I am not in a position to comment further on that, except to say that CIC/CBSA would expect to see that there was no other reasonable alternative to your wifes plan.

 

[omas]

I wrote the expiry date by mistake November 2014 but it will be November 2015.

Anyway your message is well taken.

thank you.