residency obligation traveling with canadian citizen doughter

[msalmanf]

Sir

I have one query regarding my Family i have one wife and one doughter who have PR cards and one doughter has Citizen ship my wife and doughter PR cards are going to expire in second weak of March 2009 and they are going back Canada in end of Feb 2009 but they passed only 14 months in canada and they left canada in april 2005 means they are going canada after three years so my concern is that what type of problem they will face in canada airport and than in renoval of PR cards and whats the probality of that they will get new PR .they have residency obligation .Rest is what about the Health card if they give him notice to leave canada is still she can claim medical.

Please reply
I will be thanks full to you

Salman

 

[Leon]

If your wife and daughter left Canada in April 2005, they should have gone back no later than April 2008 if they wanted to keep their PR status. They have now lost their PR status due to lack of interest of living in Canada.

If they return to Canada and Canada lets them in without questioning their PR status, if they try to apply for new PR cards, their PR status will be questioned again. If they get in, they should stay in Canada for at least 2 years and then apply for renewal of their PR cards and hope that immigration is not checking back more than 5 years.

Normally you lose Canada health care unless you are living in Canada at least 6 months every year. This also depends on the province since each province has it's own health care and rules. If they did not notify health care that they left in April 2005 and they were in a province where you don't pay a fee for healthcare, it's possible that their health care cards are still valid. If not, they would have to register for health care again and in most provinces live there for 3 months before they are covered. Some provinces allow you access to health care right away if you move from another country.

 

[msalmanf]

Thanks for reply

Kindly tell me about the posibilty of my wife being depoted once she arrived the airport with my doughter who is canadian citizen and her age is 4 years.

Thanks

 

[Leon]

From what I have heard, she would not be barred from entering but if they think that her PR status is in question, she may be given a certain time limit, I have heard 30 days, to provide evidence to support her PR status. After that, if she can not defend her PR status, she would have to leave.

Your Canadian citizen daughter is a minor child and needs a guardian, she would not be deported but she can not stay in Canada by herself. When she is 18, she can go back to Canada to live there if she wants to.

 

[msalmanf]

Dear All
For your information my family reach canada yester day and at airport no one ask them any question .
now tell me what about next regarding renoval of PR and health card

Thanks

 

[Leon]

Have them go and apply for their health cards now while their PR cards are still valid. I don't think it will be questioned. Coming from overseas, depending on which province, they may have to wait 3 months for coverage or they may get it right away.

As for applying for renewal PR, don't do it until they meet the residency requirements. When you fill out the application to renew the PR card, you are asked how long you were outside Canada in the last 5 years. If they lie and get caught, their PR is probably gone. If they tell the truth that they were gone for more than 3 years in the last 5 years, their PR is probably gone too. Therefore it's better to wait until they have spent over 2 years in Canada in the last 5, then apply for PR card renewal. Immigration will only ask about the last 5 years and they can say with good conscience that they were in Canada more than 2 years out of the previous 5 so they have no problem. Of course that means that they can't travel until they meet the residency requirements and have their PR cards back.

There is no law that says you need to have a valid PR card at all times. Many Canadian PR's never even had one. You only need it for travel and maybe occationally to prove your status in Canada.

 

[harupit200281]

Hi msalmanf,
I am in the similar situation like you. I have a daughter who is canadian citizen and my wife has not completed 2 years in canada and now she is not in position to complete those years in Canada. Can you please reply what happned to your case? Please reply on this forum or on my mail address that is amitjash@yahoo.com
Thanks in advance