PR
- Thread starter Mashkeen
- Start date
Your wife should have never received PR. You were required to stay in Canada during the whole sponsorship process. You also have to make sure you stay in Canada long enough to meet the residency requirements and other rules to qualify for healthcare for the delivery of your child. It doesn't seem like you have spent long enough in Canada to ever meet the residency requirement for healthcare coverage so hopefully you haven't ever used the healthcare system or you could be asked to reimburse any costs. Health reasons for your mother are not valid H&C reasons because she does have access very good healthcare treatments in Canada. The fact that you didn't remain in Canada while you sponsored your spouse somehow got missed once but will probably not be missed again. If you are able to come to sponsor your wife and come have a child in Canada it is very hard to say that you couldn't commit to the 2 out of 5 rule which is very lenient for a RO. Also how did your mother qualify for PR? Her Rheumatoid arthritis should have made her medically inadmissible? At a certain point you and your mother have to decide to commit to Canada or live in India. I don't mean to be rude but you've only come to Canada when it has served your purpose like landing, sponsoring your spouse without staying until she received PR (most people get denied for doing that) and having a child. Wanting to ask for H&C after that seems pretty ridiculous. There has been no attempt to establish, find employment, etc.
Your post said you only stayed for 3 months after applying for your wife and other post said your lawyer in Canada received notice that your wife had been approved for PR. Based on the discussions you were in India at the time. If you only stayed in Canada for 3 months by the time you moved and got to see a specialist your mother hardly had time to try a treatment for rheumatoid arthritis. Autoimmune diseases take many months at least to treat and stabilize. In 2016 yet again 3 months is not enough time to treat complex medical issues and you may be coming back and forth to a province that requires 3 month wait time to receive treatment. The argument will be that you have not stayed in Canada long enough to know if the treatment would work in Canada and get connected to all the correct doctors before saying that the treatment doesn't work and returning to India. Sounds like in 2017 you stayed for 4 months but that is unclear. Working for 3 months here and there isn't even long enough to be a tax resident. The point is that you have only come to Canada for 3 purposes: landing, spousal sponsorship and wife's landing. You haven't paid into the system yet want to come to Canada to have a child, leave again and then ask for H&C. After reading your posts again it does seem like your mother used thee Canadian healthcare system but failed to remain for the 6 month (or more) residency requirement in order not to ask to reimburse the province. You were also supposed to inform the province once you leave for an extended amount of time and if your file is audited your mother could run into trouble using her health card in the future and be asked to reimburse the cost of all the care she received. The residency requirements exist for exactly these cases: people who use the medical system soon after arriving in Canada and then leave soon after. I would encourage you to do more research on what is required to use the healthcare system.