RO not met-mom passed away this morning

[ryan007]

Hi Leon and others,
My mom passed away this morning due to a cardiac arrest in India.
I am exploring if there is an option to attend the funeral which maybe on Friday or Saturday.
I have accumulated 530 days stay in Canada over the past 5 years rolling period.
My PR expired in Nov 2013. Since I didn't meet the RO days I was waiting till June 2015 ( to complete 730 days) and then apply.
Please let me know if there are any options available to me. My family members ( son and wife) are both Canadian citizens.

 

[CanV]

Sorry to hear about your loss. I understand last thing you want to worry about is dealing with immigration matters when you must make a trip. Here are your options...

If your wife and son live in Canada, you will have a better chance obtaining a PRTD on H&C background. The officer will look at the surrounding circumstances and what is in the best benefit to your child. If you are employed, your chances are also higher since you are already established in Canada. Your reason for leaving before you accumulated the 730 days may also help.

If your application for PRTD is denied then you may appeal and be issued a visa to enter Canada under A31(3)(c) to complete the appeal process inside Canada. Here is how this works:

After an examination, an officer overseas
has arrived at a decision that a permanent
resident has failed to comply with the re
sidency obligation under A28. The permanent
resident is not in possession of a permanent resident card. The officer is satisfied that
the permanent resident was physically present in Canada at least once within the
365 days before the examination. An appeal
to the IAD filed under A63(4) has not
been finally determined or the period for making such an appeal has not yet expired
[A31(3)(c)].

Refer to ENF 23 for more information.

I do not see you getting to the point of failing to overcome the refusal but if that happens then your last option will be for your wife to sponsor you under family class immigration.

 

[ryan007]

Thank you CanV for your advice and condolences.
My son ( 14 years) and wife both have been living in Canada for the past 6 years.
I have established my own business here in Canada having 2 employees besides registered with WSIB I deposit the month payroll taxes into CRA's account.
The contract on consulting Lean Six Sigma Projects that my company is currently executing is in its 7th month with a tier-1 auto supplier in GTA.
Do I carry these documents besides the citizenship details of my wife and son? Any idea on the timeline? How many days since I apply for a PRTD will I be granted one? And incase of a visa as mentioned, how many days does it normally take ? My mom was living in Mumbai (Bombay). Can I get the travel related documents at the Canadian Consulate or do I have to go to the Canadian Embassy in New Delhi to complete the formalities?
A quick response would be much appreciated.
Thanks in advance

 

[CanV]

Thank you CanV for your advice and condolences.
My son ( 14 years) and wife both have been living in Canada for the past 6 years.
I have established my own business here in Canada having 2 employees besides registered with WSIB I deposit the month payroll taxes into CRA's account.
The contract on consulting Lean Six Sigma Projects that my company is currently executing is in its 7th month with a tier-1 auto supplier in GTA.
Do I carry these documents besides the citizenship details of my wife and son? Any idea on the timeline? How many days since I apply for a PRTD will I be granted one? And incase of a visa as mentioned, how many days does it normally take ? My mom was living in Mumbai (Bombay). Can I get the travel related documents at the Canadian Consulate or do I have to go to the Canadian Embassy in New Delhi to complete the formalities?
A quick response would be much appreciated.
Thanks in advance

Your strongest piece is having a child, who I am assuming is attending school, in Canada. Officers are instructed to look at such factors and do what is in the best interest for the child. It also definitely helps that your wife lives in Canada too. Your second strongest is that you have already been established in Canada, and yes take all necessary business and tax documents to prove that.

You can apply for the PRTD at any Canadian visa office, including consulates. You should check out the website of the office you intend to send your application to. Some offices may instruct that you only send your application by mail. It normally takes 5 business days to process, but yours is not a routine case and may require an interview, which make take another week or so (thats my guess).

I think you should be fine, you have a very strong case. Good luck and let us know how it goes.

 

[ryan007]

Thanks CanV,
I should have been catching the midnight flight tonite to make it for the funeral arrangements of which have been made for Friday 10am.
Your words of reassurance really helped in reinstating my faith in mankind. I was given to understand that I would have a tough time or near impossible chance of returning back. I wish I had got this advise a day earlier.
Thank you once again.

 

[torontonianguy]

Ryan

Sorry about tragic news...God bless !

Do not worry you have many factors that are in your favour and you are leaving for unavoidable circumstance.

In worst ever scenario,which I believe will not be needed you may have to sponsored by your wife again as a spousal application.
so do not worry you will return to Canada this way or the other.

You can also have some EXPERT lawyer's advice also if possible before leaving. ( I am saying expert because sometimes instead of lawyer himself/herself their attendants meet and provide wrong information,so do not trust them and meet the lawyer directly)

Take care

 

[ryan007]

Thanks Torontonianguy, I preferred not to risk it as I have zero financial reserves, besides I would have not been making it to the funeral anyways. I prefer to visit my mothers grave and offer my respects for the 1st year mass which would be on 23rd Sept 2015 by when I would have got my PR Card renewed.Thanks for the support and advice, really appreciate it.
While on the subject, I was told by a friend of mine (who is in not a lawyer or even remotely related to one!) that the application for PRTD has to be made in Canada before I left, which I found strange. Is it right ?
I was under the impression that I would have to apply for it at a Canadian Embassy/consulate over in my home country after I arrived there.

 

[zardoz]

Thanks Torontonianguy, I preferred not to risk it as I have zero financial reserves, besides I would have not been making it to the funeral anyways. I prefer to visit my mothers grave and offer my respects for the 1st year mass which would be on 23rd Sept 2015 by when I would have got my PR Card renewed.Thanks for the support and advice, really appreciate it.
While on the subject, I was told by a friend of mine (who is in not a lawyer or even remotely related to one!) that the application for PRTD has to be made in Canada before I left, which I found strange. Is it right ?
I was under the impression that I would have to apply for it at a Canadian Embassy/consulate over in my home country after I arrived there.

No, that's absolutely incorrect. A PRTD application must be made OUTSIDE Canada. Your understanding is correct.