PR renewal March 2018 but havent stayed there

[baljit1]

Hi,
My family of 4 got our PR card in March 2013 after making a landing there in Dec 2012 to complete all applications etc. We intended to go back there in 2014 but had some unfortunate issues in my family in 2014 when I lost my mother. Then again we had to stay back due to my ailing old Father. Unfortunately he too passed away in 2015 and we had to take care of entire family being elder among all.

Now I am thinking of going back to Canada. I don't know whether I would be able to submit my case for PR renewal. I badly need this as my daughter would need to join University in Sep 2018. But by then my PR card would be expired.

Please help me here. Do I need to formally issue PR renewal case there before I fly? Should I consult a Lawyer...? Any information would be really helpful.

Thanks.

 

[steaky]

Why can't you come this month to Canada?

 

[Rob_TO]

Unfortunately he too passed away in 2015 and we had to take care of entire family being elder among all.

What does this mean exactly?? Was there a documented medical case of a family member that prevented you from returning to Canada in 2015 to keep maintaining your RO? If not and you just stayed for personal/financial reasons to support aunts/uncles, siblings, cousins, etc, that will most likely NOT be considered a H&C reason to overcome your RO violation.

Assuming you left Canada March 2013, you were in violation of your RO as of March 2016. This means next time you try to return to Canada, you can be reported by CBSA and process started to revoke your PR status. You would then need to appeal this if you wanted to argue H&C reasons.
Or if your PR card is expired and you apply for a PR Travel Document, that would most likely also trigger process to revoke your PR status, which again you can appeal if you want to.

Or if you return to Canada before PR card expires without being reported, the only way to renew PR card is to wait 2 full years here without leaving even once to come back into compliance with RO, or to submit renewal on H&C reasons.

However as I said, if no documented medical conditions to argue with, my guess is any H&C claim will fail and you'll have PR status revoked. You would have been expected to return at least in 2015.

On a good note, your daughter (and other minor children) may have a very good chance to keep her PR status since she was removed from Canada as a minor and now wants to attend university here. However she may need to plan to do this without you if she can keep her PR status, and you and your spouse can't.