PR Renewal based on H&C

[salkab]

Me, my wife and kids got Permanent Residency in April 2015. After landing, we left Canada. I have a dependent elderly mother who is a divorcee and is living with me as I am her only son. My wife and two daughters (aged 7 years and 4 years) moved to Canada in July 2018. Our PR is expiring in June 2020. So far we have stayed 80 days in Canada from the date of issue of PR card and now my wife and daughters are there so they will stay there for good. So by June 2020 they will meet RO except me.

I have come back to Oman where I am working and taking care of my mother. Mother does not have a visa and she cannot move to Canada as her health is not supporting. I will be visiting my family in Canada in next two years until my PR is valid for short trip like 5 – 7 days.

I want to know what is a possibilities of renewal of my PR card in June 2020 when it is expiring and I will be remain outside Canada to take care of my mother. My wife and daughters will be remain in Canada as they are settled there for good and have built ties e.g. they are going school, I will be paying taxes, wife has a license, she has a bank account and also rented an apartment there.

Also, what risk do I have that I will be reported at the airport when I make short trips to meet my family.

 

[Buletruck]

Chances are high that once you do not meet the residency obligation, you may be reported when you enter Canada. It’s unlikely you would be able to renew your card as well. You may be better off to renounce your PR card and apply for a TRV until such time as you are prepared to settle in Canada permenently. Your wife would be able to sponsor you for your PR.

 

[salkab]

Chances are high that once you do not meet the residency obligation, you may be reported when you enter Canada. It’s unlikely you would be able to renew your card as well. You may be better off to renounce your PR card and apply for a TRV until such time as you are prepared to settle in Canada permenently. Your wife would be able to sponsor you for your PR.

Thanks Buletruck for the reply. In case of my wife sponsoring me for PR, what is needed from her side to sponsor me for PR? Will it create a problem for me to be sponsored for PR back again?

 

[Buletruck]

She would just need to sponsor you as a spouse. Other than being married, there really isn’t anything she needs. There is no financial requirement to sponsor a spouse and health restrictions don’t apply. As long as she meets the residency obligation, there are no issues. Shouldn’t be any issues with applying for permenent residence again.

 

[salkab]

Thanks Buletruck. Should I take a chance to visit and if they let me in then I will go for short visit and whenever they report me I will then renounce my PR. But this act will not be the favor as I will be paying taxes and if they renounce my PR I will not required to file taxes. Right?
In case they report the and I prove them that my reason is purely to take care of my mother despite the fact that I had a job opportunity in hand of good salary but I didn't accept due to my responsibility will help?
In case they report me and I appeal for H&C ground and if they accept my PR will be renewed before it's expiry?

 

[Buletruck]

in my opinion, don’t renounce until it becomes an issue with CBSA. You may choose to for other reasons (like taxes). Keep documentation with you supporting your H&C issues with your mom when you enter. It will get trickier when it comes to renewing your PR card. If you aren’t reported before then, that’s when it may be time to renounce. But never renounce unless you have to. I would also consider consulting an immigration lawyer (not a consultant) about your circumstances.

 

[salkab]

Thanks for your prompt replies. Want to know if they report me and then my PR comes in danger, if I appeal on H&C ground and then if my appeal is accepted will they approve to renew immidiately so I can go back again.

 

[Buletruck]

Dpenabill has made some very good posts in this topic. Suggest you read through his posts regarding H&C.

https://www.canadavisa.com/canada-immigration-discussion-board/threads/extension-of-pr-on-h-c-grounds.579900/page-2

 

[salkab]

Thanks for help. Should I engage lawyer now as I want to visit my family but tax return will be filled in April next year

 

[Buletruck]

Can’t hurt to consult one. A couple of things to keep in mind:

• As a PR you are entitled to enter Canada whether you are in compliance or not. The issues start if you are reported.
• While usually extremely knowledgeable, lawyers can make mistakes like everyone else. Having basic information yourself can help you understand what’s going on. A little research on the topic is always beneficial.

 

[canuck78]

Thanks Buletruck. Should I take a chance to visit and if they let me in then I will go for short visit and whenever they report me I will then renounce my PR. But this act will not be the favor as I will be paying taxes and if they renounce my PR I will not required to file taxes. Right?
In case they report the and I prove them that my reason is purely to take care of my mother despite the fact that I had a job opportunity in hand of good salary but I didn't accept due to my responsibility will help?
In case they report me and I appeal for H&C ground and if they accept my PR will be renewed before it's expiry?

If your family remains in Canada you become a PR for tax purposes and your wife/family must declare your global income so it is taxed. ¬looks like you wife and children were not in compliance with their RO when they reentered Canada. They were lucky and didn't get reported but they can't sponsor you until they have renewed their PR and can't leave until they have met their RO. Being the only or eldest son doesn't matter in Canada. /If one of your sisters or other family members lived close or are able to take care of your mother you don't have valid reasons for H&C. You applied knowing your mother's situation so you needed to make arrangements or not apply for PR. Every time you enter Canada you are risking the status of all your family.

 

[bala_nd]

Hi All,
Please provide me assistance for the following.
My parent's PRcard was expired while they were outside of Canada and were not meeting the pr card renewal obligation. I applied for their prtd on h&c ground and they received the prtd stamp on their passport with rc-1 visa permanent resident with expiry date on 12th december 2019. Now they are in Canada and I want to renew their PR card. So question is,
1. Will their Pr card be renewed?
2. They dont meet residency obligation but they have got the prtd on h&c.
I am confused as to what would happen next,
3. What documents should be attached with it?
4. Their prtd has multiple entry on it and valid until next year. Should i renew it right now or wait?
5. If they travel outside canada for 1 month and come back can they be given deport order even this prtd

 

[canuck78]

1. Yes they were lucky after only spending 6 months in Canada over 7 years
2. Get PR card
3. Not sure
4. Renew now.
5. Would strongly discourage travel for a while. They should show that they are committed to being in Canada until they at least have their PR card.

 

[bala_nd]

Thanks Canuck, This helps, as they have got prtd can they still reject pr card renewal when I apply?