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Niette

Full Member
Apr 2, 2015
31
5
First of all I want to thank you all guys for participating in such a helpful forum and sharing information and your stories. I have learned lots of information due to it and could work out the best plan how to be in compliance with all CIC requirements to settle in Canada and be successful with job hunting , housing etc.

Unfortunately regardless of external well being my situation is not so easy. I'm the only child to my parents who gave birth to me at a relatively "old" age. My initial plan was to move in Canada as a PR and later on to sponsor them so they can join me and my family and I could've continued supporting them. Me and my husband did everything we could to make it happen : found high paying jobs (contracts) very quickly, bought a house with extra rooms so they can live there , lived very frugally , saved money etc.

But during this time , my parents got sick very frequently (both of them) to the point that they could not visit me in Canada anymore and I had to go and visit them instead. During my last visit this month my dad had to pass emergency surgery and after this surgery he constantly needs someone near him for various needs like lifting and moving heavy stuff (groceries etc) , driving him to doctor appointments and speak for him (he can not speak very well). My mom is also old and weak and can't do these things for him. Technically they are both not in life threatening condition like cancer (God forbade), and I'm not sure if it can be called "critical illness", but they definitely do need someone strong and lucid near them most of the time.

Me and my husband have been living in Canada as PR's more than 3.5 years , our both children have been born there.
Till now we had a strong ties to this country and lived a full live there. We have left only few month before we can legally apply for citizenship , but my main concern is that I do not know how long it will take for CIC to review our documents and can not allow myself to stay for undetermined long period away from my parents anymore. My husband needs to join us as children are very small and I can not physically handle taking care for them and for my parents both all by myself.

I'm fully aware that probably I'll be in breach of RO if will not return to Canada within 3 years and I do not know how long I'll be staying outside supporting my parents, it may be much longer than that . The fact that application for citizenship is so close and by staying outside I'm ruining this chance for myself and my family is tearing me apart . I do want to live in Canada , I love this country, my children are Canadian , but I can not dump my parents in such hard time of their life and nobody knows whether it will improve if ever. Technically I can hire a nurse to take care of them, but it will kill them mentally and deteriorate the situation even worse , that's why this is the last option I'd consider.

I'm not sure that my case will fall under HOC grounds to preserve PR status if at some point I'd like to return to Canada and resume my life there after long period of absence (we plan not to sell out our house yet and live some furniture there, we also do not close our bank accounts and investments).
I don't know what other tools I have or what should I do now in order to leave some odds for legally returning to Canada again down the road of my life besides the option of applying again for PR from scratch.
May be someone in this forum will have some insights on my situation and can advise what is the best course for me to take right now and also if the case is sufficient enough for HOC grounds or it is a "lost war" from the beginning?

Greatly appreciate your help and happy new year !
 
Niette said:
I'm not sure that my case will fall under HOC grounds to preserve PR status if at some point I'd like to return to Canada and resume my life there after long period of absence (we plan not to sell out our house yet and live some furniture there, we also do not close our bank accounts and investments).
I don't know what other tools I have or what should I do now in order to leave some odds for legally returning to Canada again down the road of my life besides the option of applying again for PR from scratch.
May be someone in this forum will have some insights on my situation and can advise what is the best course for me to take right now and also if the case is sufficient enough for HOC grounds or it is a "lost war" from the beginning?

It is not a lost war, as there have been many successful cases of PRs being allowed to overcome the RO due to taking care of sick family members who had nobody else to care for them.

However the tough part is there are no guarantees as to what will happen in the future if you are gone long enough to violate your RO requirement. The only way to know will be at the time to see what the visa officer's decision will be on your H&C case.

In H&C and appeal cases, CIC does consider your ties to Canada so this may help you. Also you should document all medical reasons you must stay with your parents i.e. hospital receipts and notes, doctors notes on their progress at regular intervals, receipts and itemization of how you are helping them, etc etc. You should be documenting the entire time you are required to stay outside Canada to assist them in case you can't return before 3 years.

Alternatively if your husband can spend time in Canada over this time at least long enough to maintain his RO, then in the future in case your H&C request is denied and you lose PR status, he could just sponsor you again for PR under family class. This would be much easier than needing to re-qualify for PR from scratch.