PR STATUS

[ROXANA80]

My name is Rotaru Paula Roxana and both me and my son are permanent residents from 30 november 2016 when we landed in Canada. We stayed in Canada for 6 days and afterwards we had to return to Romania for 2 reasons :

1. My son was suspect to have autism and he was under ABBA therapy with a psychologist that said that for him is not a good time to move to a new place - fortunately after 1 years of therapy she concluded that was just a delay in development, but we had to continue with the sessions for another 1 year and a half to make sure that everything is in order

2.Because I am a single mother , the plan was to take my mother with me in order to help me until I could settle and make sure that my child il ok with the change, but my mother got sick. She could not walk and had to have surgery on both knees. The first was last year in June and the other this year in September, because she was on a waiting list in order to obtain prosthesis for both legs,I had to stay and help her , and just a few weeks ago she had another surgery and now she recovers from it. I have to say that she is the only family I have.
For both situations that I told you I can present medical proofs.
My problem is that in order for me to meet the PR requirement ( 730 days in Canada out of 5 years )both me and my son should be in Canada on the 7 th December this year. Is there anything I can do so that I can stay with my mother for another 20- 30 days to help her with the recovery and not lose my PR status? Can I send a form or a letter to explain my situation and obtain a delay aprovement. I really want to become a Canadian Citizen but these medical issues happened and were out of my control .
P:S I tried to get in touch and find help at Romania" s immigration office, but they send me the link from the official site with the things I already knew.

My PR card expires in february 2022 and my son's in may 2022 - I dont know if it matters.

Thank you for your time and understanding.

 

[dpenabill]

My name is Rotaru Paula Roxana and both me and my son are permanent residents from 30 november 2016 when we landed in Canada. We stayed in Canada for 6 days and afterwards we had to return to Romania for 2 reasons :

1. My son was suspect to have autism and he was under ABBA therapy with a psychologist that said that for him is not a good time to move to a new place - fortunately after 1 years of therapy she concluded that was just a delay in development, but we had to continue with the sessions for another 1 year and a half to make sure that everything is in order

2.Because I am a single mother , the plan was to take my mother with me in order to help me until I could settle and make sure that my child il ok with the change, but my mother got sick. She could not walk and had to have surgery on both knees. The first was last year in June and the other this year in September, because she was on a waiting list in order to obtain prosthesis for both legs,I had to stay and help her , and just a few weeks ago she had another surgery and now she recovers from it. I have to say that she is the only family I have.
For both situations that I told you I can present medical proofs.
My problem is that in order for me to meet the PR requirement ( 730 days in Canada out of 5 years )both me and my son should be in Canada on the 7 th December this year. Is there anything I can do so that I can stay with my mother for another 20- 30 days to help her with the recovery and not lose my PR status? Can I send a form or a letter to explain my situation and obtain a delay aprovement. I really want to become a Canadian Citizen but these medical issues happened and were out of my control .
P:S I tried to get in touch and find help at Romania" s immigration office, but they send me the link from the official site with the things I already knew.

My PR card expires in february 2022 and my son's in may 2022 - I dont know if it matters.

Thank you for your time and understanding.

My sympathies for the difficulties in your circumstances.

There is NO process for evaluating a PR's circumstances in advance of an actual Residency Obligation examination or determination. That means any PR who fails to comply with the PR Residency Obligation does so at the RISK of losing PR status. Thus, even for a PR who has compelling H&C reasons for not coming to stay in Canada sooner, that means he or she cannot obtain even a formal opinion let alone an actual decision UNTIL there is an official examination or determination.

That is, you will essentially have to take your chances, and hope that your explanation satisfies PoE officials, upon your arrival, that you deserve to keep PR status. The longer you delay coming to Canada, the greater the RISK of being reported leading to loss of PR status.

There are many other topics here in which the various RISK factors versus various H&C considerations are discussed.

I'd GUESS that arriving within fifty or sixty days of the third year anniversary of the date you landed, prepared to not only explain your reasons but with documentation (from doctors and such) supporting those reasons, there is a fair to good chance of NOT getting reported upon arrival. Then you would have to stay a FULL TWO YEARS before you could leave again and before it would be OK to apply for a new PR card.

BUT THAT IS JUST A GUESS. We do not really know much about how border officials are handling arriving PRs in similar circumstances. We know there is a real RISK for being reported, and losing PR status. We also know some who are in breach, including some rather obviously in breach (which includes anyone whose last time in Canada was more than 1095 days ago), are waived into Canada without being reported. We know many of the risk factors (how long outside Canada being the biggest one) and their influence generally. But there are no statistical sources which illuminate much beyond that.

The date your PR cards expire is NOT relevant in determining compliance, or lack of compliance, with the Residency Obligation. That said, for PRs still in their first five years, a PR card still valid for another two years or more could be a factor in whether a PIL (Primary Inspection Line) officer refers the traveler/PR to Secondary or not. No referral to Secondary means getting waived to enter Canada without being reported. If that happens, the PR is good to go, as in good to stay . . . but again, if that happens, the PR needs to stay a FULL TWO YEARS before leaving Canada again and before it would be OK to apply for a new PR card.

Since the validity dates on the PR card are NOT relevant in assessing RO compliance, there is NO guarantee a PR card valid for more than two more years will result in entry without being reported. It just increases the chance. And this is related to the length of absence generally . . . again, the longer you wait to come to Canada, the greater the RISKS. The sooner you arrive, the less risk. But if you arrive after being abroad 1096 or more days, that is automatically a breach of the RO and there is a RISK of being reported leading to loss of PR status.

If you plan or are necessarily compelled to remain outside Canada so long that you cannot avoid being in breach of the RO, by the time you return, might be worth your while to read back through older topics here to get a better understanding of how to explain and document your reasons, toward persuading officers you deserve an opportunity to keep PR status.

 

[canuck78]

Would also warn you that having your mother join you may not be possible especially with her health problems. You will need to be prepared to move to Canada on your own. Being a single parent in Canada is very difficult financially especially with young children because of all the childcare you will need to pay for whether it is daycare, before/after school care and summer camps. I hope you have investigated all these cost when evaluating whether moving to Canada makes sense.