Residency Obligation

[polk]

Hello - I am posting on behalf of my parents - Both my parents landed here in Aug 2017, since then, my mom has been spending six months in Canada every year - hence, no issue when it comes to PR renewal next year (Aug 2022). My dad was not able to stay the six months as he was working back home. He officially retired in September 2020 and has been here since.

I realize one option is for him to stay here till August 2022, still be short by 45 days or so and apply.

The alternate (and potentially less favourable option) is for him to return home for 1 or 2 months to take care of things there and return. In which case, he will be short by, say, 90 days at the time of renewal.

Now that he is retired, the intention for both my parents is to spend approximately 8 months of the year here. Under the second scenario, how likely will they treat his PR renewal under compassion grounds? I am the only child, and my mom will be able to renew her PR.

I am just trying to see if anyone else had a similar experience.

 

[Naheulbeuck]

I realize one option is for him to stay here till August 2022, still be short by 45 days or so and apply.

This is not a good option, he needs to ensure he meets the residency requirement before he applies. The dates on the PR card do not matter. He can have an expired PR card and that date does not guarantee anything for him.
This option is actually for him to spend enough time in Canada to ensure he meets the RO before applying.

The alternate (and potentially less favourable option) is for him to return home for 1 or 2 months to take care of things there and return. In which case, he will be short by, say, 90 days at the time of renewal.

Again we don't know how many days he spent in Canada so far, but if it is almost none, then he is already in breach of his residency obligation. Any trip outside is putting him at risk of being reported and losing his PR (risk only with Covid and the fact that he could always be sponsored again by your mom, it is not the end of the world but just some more paperwork and stress).

Now that he is retired, the intention for both my parents is to spend approximately 8 months of the year here. Under the second scenario, how likely will they treat his PR renewal under compassion grounds? I am the only child, and my mom will be able to renew her PR.

If you want to avoid the hassle and the paperwork, he should stay in Canada until he has met the RO before applying for the renewal of his PR card. He can let his card expire, it is not impacting his actual PR status. After that he will be free to go with the plan listed above. If he wants to travel and his card is expired BUT he meets his residency obligation, he can always apply for a PR travel document to come back to Canada.

 

[polk]

This is not a good option, he needs to ensure he meets the residency requirement before he applies. The dates on the PR card do not matter. He can have an expired PR card and that date does not guarantee anything for him.
This option is actually for him to spend enough time in Canada to ensure he meets the RO before applying.



Again we don't know how many days he spent in Canada so far, but if it is almost none, then he is already in breach of his residency obligation. Any trip outside is putting him at risk of being reported and losing his PR (risk only with Covid and the fact that he could always be sponsored again by your mom, it is not the end of the world but just some more paperwork and stress).



If you want to avoid the hassle and the paperwork, he should stay in Canada until he has met the RO before applying for the renewal of his PR card. He can let his card expire, it is not impacting his actual PR status. After that he will be free to go with the plan listed above. If he wants to travel and his card is expired BUT he meets his residency obligation, he can always apply for a PR travel document to come back to Canada.

Thank you so much for this detailed response. The exact clarification I needed. Thanks again!