PRC Determination process + H&C, help

[nexoid]

Hello, senior forum members!

So the story goes:
I've landed in Canada in 2005 and lived up 2006, for roughly 365 days with my mother, as sponsored immigrants by her husband. Afterwards I've moved back to Russia to finish off my studies, which ended mid 2009. Beginning 2009 i've started working along with studies. My PRC expired aug'2010. Right now I am of 26 years age.
Along with that, my mother moved to Russia for 2 years time since 2007 till 2009 to help me, then she left off back to Canada. Right now she's a permanent resident and has been there for over 3 years.

Currently I've applied for TR visa and had an interview with an immigration officer. She advised me to reapply for the Travel Document and support it with certain documents for PRC renewal.

The case, she said, i can appeal to, is where i was accompanying my mother outside of canada, while being financially dependant on her.
I can easily support that with documents. How are my chances of actually getting through that with PRC on my hands?
My general concern is that everywhere in the legislation that case is stated as "parent and child" case, and i don't really qualify for the "child" part since im 26 years old, although i was really dependant on mother since i was only studying without actual job.

Along with that: my mother is currently suffering from mental disease and has been visited by ontario health centre eployee for verification and provided all the requested documents. As long as i know she's been confirmed sick, tho no papers were given.

Problem is that i can't make her go and visit a doctor for her medical condition proof. She just won't go out of the house. So the other question is if i am able to appeal for H&M grounds only by describing the situation and providng contacts of a person who visited her. Or do i need some sort of a papered document for the case, if so - which one might help?

 

[Alabaman]

I think you have a strong chance but you would need to package your case (and documents) well. I would get a lawyer to do that if I were you. Hopefully it wont be too expensive. First step might be to get a travel document at the embassy in Russia to come back and this is where the lawyer will start.

 

[nexoid]

Righto, thanks alot!

Thing is that i will get TD in case my PRC is proved to be prolonged, so yeah it all starts here in Russia as well as its determined here.
Without that my prc is expired and invalid for travel.

Package seems an easy one, since I've lived in canada for 365 days, and I need to prove that I've lived with her in Russia for long enough to make it 760. With me working its over 1200 days and without working, only living dependantly with her, its 850, so the days match perfectly. So its just passports with visas + paper from university and job.

Its just the H&M which bothers me, the definition is just that vague. And not many lawers out there i saw specialize in that.
I''ll search for some, but still its generally up to me. So apparently i'll do the best to get some docuemnts from doctors!

 

[Leon]

I do not think you can count the days your mother accompanied you in Russia towards your residency requirements. Although there is a clause stating that as a dependent child, you will not lose your PR when accompanying a parent to another country, you were not accompanying her but the other way around. There is also a clause that states that the parent in this case would have to fall under PR excemptions too, for example by working for a Canadian employer.

Pursuant to A28(2), a permanent resident complies with the residency obligation provisions with
respect to a five-year period if, for at least 730 days in that five-year period, the permanent
resident is physically present in Canada, or:
• is outside Canada accompanying a Canadian citizen who is their spouse or common-law
partner or is a child accompanying a parent;
• is outside Canada employed on a full-time basis by a Canadian business or in the public
service of Canada or of a province;
• is an accompanying spouse, common-law partner or child of a permanent resident who is
outside Canada and is employed on a full-time basis by a Canadian business or in the public
service of Canada or of a province.

What remains is H&C reasons to join your mother in Canada as she is now ill. If you can not get your mother to the doctor, can you get a doctor to go to your mother? Do you have the contact information for the person who visitied your mother from the province and can you speak to this person and ask for paperwork? That would help.

 

[nexoid]

Thanks, Leon!

I dont understand the difference between 'my mother accompanying me' and the other way around.

• is outside Canada accompanying a Canadian citizen who is their spouse or common-law
partner or is a child accompanying a parent;

Doesn't that mean that literally 'days i've spend with my parent together while i was dependant'.
And generaly the parent in this case does not need the right of the excemption since she met her 760 days rule in the 5 year span i fell out of, and is currently in Canada. Or?

Meaning that she came to Russia first and in a about a month i've joined her there - i was here with her for the time. And i was
And the dependancy proof is the lack of job and studying in the univercity?

Currently i am trying to contact that social worker in order to get some paperwork from her, since that's actually what i am counting on, to be honest.

 

[Leon]

I dont understand the difference between 'my mother accompanying me' and the other way around.

From your first post, you said that you chose to go to Russia to study in 2006 and your mother came to stay with you in 2007. That is your mother accompanying you.

If your mother had wanted to go to Russia and you are her dependent child and do not have a choice but to go with her, that would be you accompanying her.

However, it does not sound like your mother had a reason to go back to Russia other than you studying there and you were already adult in 2006 at 21 years old so you could have stayed and studied in Canada regardless of where your mother was.

Doesn't that mean that literally 'days i've spend with my parent together while i was dependant'.
And generaly the parent in this case does not need the right of the excemption since she met her 760 days rule in the 5 year span i fell out of, and is currently in Canada. Or?

No. It is not clear from where you took your quote but if you read my quote from the manual itself, it is absolutely clear that to keep your PR as a dependent child accompanying a PR parent in another country, the PR parent needs to be working for a Canadian employer or government/province. They do not want people to be able to keep their PR by playing tag. If that was possible, everybody could keep their PR as long as they have a PR spouse or parent who is willing to live with them half the time and in Canada half the time. Your mother doesn't have a problem with her PR because she meets the residency requirements while you don't.

Currently i am trying to contact that social worker in order to get some paperwork from her, since that's actually what i am counting on, to be honest.

Yes, I think you have a good case for H&C. If you get to go to Canada to help and support your mother, that is also in the interest of Canada because they will have to provide her with less support.

 

[nexoid]

The quote i took was the first pin in yours.

Well i left out that for a short period of time she came to Russia first in march'06 and in june'06 i came, so it might look like i was accompanying her. And then in 2007 she came back for a long while.
But hey, that point doesnt really seem strong as i see.

I'll be pushing the evidence for H&C and much as i can get from social workers and doctors who visited her.
Feels like a paper from the doctor she visited and who, presumably, prescribed her some antidepressants as well as advised hospitalisation along with one from social worker of ontario health something who visited her to make and assessment and put her in the database of mentaly diseased should be enough to support that.

Thanks a tonn for the help! I'll focus on that!

 

[Leon]

The quote i took was the first pin in yours.

I notice that now but it is the part that refers to Canadian citizens, not PR's.

 

[nexoid]

Ohh, right.
I see that now.