Queries on maintaining/extending PR status

[Bazinga]

Hello,

Subject:

These queries are in advance about maintaining (or extending) PR status without potentially completing the 730 days obligation.

Background:

Based on past travel within the 5 year span, my mother can only afford to stay out of Canada for 10 days in order to honor the 730 day count within 5 years. She has completed half that.

There simply aren't enough days left in the 5 year span to exceed 10 days of international travel.

However, her father's health has significantly taken a turn for the worse which requires her physical presence as she is the eldest and his physician. The total stay outside Canada could exceed 2-3 months.

My mother is settled in Canada - has a job, has acquired training & certification, has a mortgage and dependent spouse.

She will likely travel in July 2018 and return to Canada after 2-3 months (before her PR card expires)

Queries / Concerns:

1. Is there any way to get PR extension before travelling outside Canada? And so is there any benefit in alerting CIC prior to departure?

2. How does one apply on compassionate and humanitarian grounds - while in or outside Canada. Is this case applicable here?

3. What would happen if she returned to Canada before her PR card expires but is unable to fulfill the 730 day obligation at the end of the 5 year span?

4. What are her options? Desire is to maintain PR status, continue on career path and settlement in Canada.

Additional information:

Date became PR: June 15 2014
PR card expiry: July 23 2019

Guidance would be greatly appreciated. Thank you.

 

[Rob_TO]

1. Is there any way to get PR extension before travelling outside Canada? And so is there any benefit in alerting CIC prior to departure?

No, and no. Is pointless to even try.

2. How does one apply on compassionate and humanitarian grounds - while in or outside Canada. Is this case applicable here?

She would attempt to use H&C excuse only if she needs to when the time comes.

If she's in violation of the RO (so has spent 36 months or more outside Canada within 5 years since landing as a PR) upon returning to Canada, CBSA may report her upon entry which would start process to terminate her PR status. If CBSA intends to report her, she can use H&C reasons. Or if they don't accept the reasons and she decides to appeal, she can use the H&C reasons at appeal date.

If she's not reported (since she will have a valid PR card they may just waive her into Canada without bothering to check RO), she would not need to use H&C reasons although she will need to wait until she meets the RO before applying to renew PR card or travelling outside Canada again.

3. What would happen if she returned to Canada before her PR card expires but is unable to fulfill the 730 day obligation at the end of the 5 year span?

Assuming she's not reported, she just needs to wait in Canada until she meets the RO.

Note there is no "5 year span". The 5 years is an ongoing rolling 5 years. So it's measured from any random day in the future, going back 5 years from that date. The expiry date on the PR card is completely irrelevant to calculating if you meet the RO or not. Many need to let their PR card expire and wait inside Canada to accumulate enough days, before they can apply for PR card renewal.

Also note if she doesn't meet the RO and is caught, having H&C reasons to just explain a few months of the violation may not be enough. It will not help to explain the other 3 years she was not residing in Canada. This will all be at discretion of whoever is looking at her H&C reasons, be it a CBSA officer at point of entry or IAD board at later appeal..

 

[vensak]

As for the H&C reasons:
1. Justification of being the eldest does not really matter. Yes it is a cultural thing, but all children are equal in this case. So for example if other child would be living close by (or in the same country), there would be a very valid question why that person did not take care of her father.
2. Unless she has some kind of specialisation that is rare there, being personal physician will not be a big bargain either. As she would have to prove, that there was no other qualified doctor who could take over this case.

Something that is convenient does not mean that it is absolutely necessary.

 

[canuck78]

Another good example of why returning to Canada at the 3 year mark usually doesn't work. People need to anticipate travel for family or business reasons.

 

[Bazinga]

Many thanks for this information.