Urgent advise please: Expired PR and expired COPR

[vdb007]

Advise: Should I go through PRTD renewal at Delhi’s Canadian High Commission Or
go through US/Canada land border ???

Presenting the following facts of my stay in and out of Canada:

• Landed in Canada on March 04, 2009
• Left Canada on Oct 22, 2009
• Re-entered Canada on March 15, 2010
• Left Canada again on Oct 30, 2010
• PR Card validity till March 17, 2014

o In total short of approx. 7 months in my first block of 5 yrs.

I was constrained to stay back in India due to following reasons as enumerated:

Yr 2010:
My son, Canadian citizen moved back to Delhi, India with his wife and two Canadian kids in Sep 2010 since he got an offer of employment with a German MNC.

In 2010 I received series of distressed call from my son to go to India for his help because he and his wife were going through strained relationship.

Because the kids were badly affected emotionally as well as their wellbeing owing to increasingly tense environment in the family my son wanted our intervention and help in his difficult times. Therefore I along with my wife decided to move back to India on Oct 30, 2010.


Yr 2011:
Situation got bad to worse. Resultantly my son had to go through separation. So he along with his two Canadian kids came to live with us in Delhi. During this period his divorce case was ongoing in Delhi’s family court.

Yr 2012:
In Dec 2012 my son and his then wife legally granted me the sole guardianship of two Canadian kids so that they can get better, peaceful and conducive environment for their overall growth.

Yr 2013:
My son finally got divorced in Feb 2013. His ex-wife returning back to Canada and left kids behind with our family (myself, my wife and my son).

Year 2013-2014-2015-2016:
My son held a Global position with his company and was traveling to Europe and Canada for his official trips.

During these times since I had the legal guardianship. I along with my late wife were taking care of our grandchildren while our son was away on frequent official trips.

We were also listed as Guardians at our Grandchildren’s school here in Delhi in case of their pickup, drop off and whole & sole responsibilities while he was away.


Year 2016-2017-2018: Wife’s illness (COMA):

Before my wife was struck with Cardiac arrest she was going through her illness and treatment during 2014 onwards but eventually on 26th Nov 2016 my wife had serious cardiac arrests which lead her to slip into COMA (brain stroke) and finally took here last breath on Jan 04, 2018.


Present: Year 2018
Since my wife is no more now, I being the last member of the family wish to move back to Canada with my grandkids (Canadian Citizens) in their best interest such as education, health and Canadian culture going forward. For last 4 years or so my grandkids have been very much attached and emotionally dependent upon me hence we three wish to re-unite with my siblings too who are based in Vancouver, BC for last two to three decades.

Like I mentioned on top my Visa was valid till March 2014. I was planning to move back before its expiry but circumstances mentioned above did not let me leave for Canada. Hence please advise best course or route to re-enter Canada ——- PRTD Or US/Canada Land border ????

Thanks! a lot,

 

[canuck_in_uk]

Advise: Should I go through PRTD renewal at Delhi’s Canadian High Commission Or
go through US/Canada land border ???

Presenting the following facts of my stay in and out of Canada:

• Landed in Canada on March 04, 2009
• Left Canada on Oct 22, 2009
• Re-entered Canada on March 15, 2010
• Left Canada again on Oct 30, 2010
• PR Card validity till March 17, 2014

o In total short of approx. 7 months in my first block of 5 yrs.

I was constrained to stay back in India due to following reasons as enumerated:

Yr 2010:
My son, Canadian citizen moved back to Delhi, India with his wife and two Canadian kids in Sep 2010 since he got an offer of employment with a German MNC.

In 2010 I received series of distressed call from my son to go to India for his help because he and his wife were going through strained relationship.

Because the kids were badly affected emotionally as well as their wellbeing owing to increasingly tense environment in the family my son wanted our intervention and help in his difficult times. Therefore I along with my wife decided to move back to India on Oct 30, 2010.


Yr 2011:
Situation got bad to worse. Resultantly my son had to go through separation. So he along with his two Canadian kids came to live with us in Delhi. During this period his divorce case was ongoing in Delhi’s family court.

Yr 2012:
In Dec 2012 my son and his then wife legally granted me the sole guardianship of two Canadian kids so that they can get better, peaceful and conducive environment for their overall growth.

Yr 2013:
My son finally got divorced in Feb 2013. His ex-wife returning back to Canada and left kids behind with our family (myself, my wife and my son).

Year 2013-2014-2015-2016:
My son held a Global position with his company and was traveling to Europe and Canada for his official trips.

During these times since I had the legal guardianship. I along with my late wife were taking care of our grandchildren while our son was away on frequent official trips.

We were also listed as Guardians at our Grandchildren’s school here in Delhi in case of their pickup, drop off and whole & sole responsibilities while he was away.


Year 2016-2017-2018: Wife’s illness (COMA):

Before my wife was struck with Cardiac arrest she was going through her illness and treatment during 2014 onwards but eventually on 26th Nov 2016 my wife had serious cardiac arrests which lead her to slip into COMA (brain stroke) and finally took here last breath on Jan 04, 2018.


Present: Year 2018
Since my wife is no more now, I being the last member of the family wish to move back to Canada with my grandkids (Canadian Citizens) in their best interest such as education, health and Canadian culture going forward. For last 4 years or so my grandkids have been very much attached and emotionally dependent upon me hence we three wish to re-unite with my siblings too who are based in Vancouver, BC for last two to three decades.

Like I mentioned on top my Visa was valid till March 2014. I was planning to move back before its expiry but circumstances mentioned above did not let me leave for Canada. Hence please advise best course or route to re-enter Canada ——- PRTD Or US/Canada Land border ????

Thanks! a lot,

I'd say you have very little chance of getting a PRTD. You made the personal choice to return to India because your son's marriage was in trouble. You then made the personal choice to remain in India to help raise your grandchildren. There are no H&C grounds in those choices.

You can enter at the Canada-US border but can expect to be reported for failing to meet the Residency Obligation. You can then appeal but again, your H&C grounds are weak, so there is a very good chance your PR status will be revoked.

 

[vdb007]

I'd say you have very little chance of getting a PRTD. You made the personal choice to return to India because your son's marriage was in trouble. You then made the personal choice to remain in India to help raise your grandchildren. There are no H&C grounds in those choices.

You can enter at the Canada-US border but can expect to be reported for failing to meet the Residency Obligation. You can then appeal but again, your H&C grounds are weak, so there is a very good chance your PR status will be revoked.

Thanks! for your reply.
I was taking care of two Canadian Kids (my grandchildren) as a legal guardian in the best interest of the kids, given the circumstances had no choice then to move back as I along with my late wife were the only caretakers of these two kids.

And in addition to this wife also started to get ill and slipped into COMA followed by her death in Jan 2018 - Shouldn’t this quantify for H&C grounds ??

Any thoughts ?

 

[canuck_in_uk]

Thanks! for your reply.
I was taking care of two Canadian Kids (my grandchildren) as a legal guardian in the best interest of the kids, given the circumstances had no choice then to move back as I along with my late wife were the only caretakers of these two kids.

And in addition to this wife also started to get ill and slipped into COMA followed by her death in Jan 2018 - Shouldn’t this quantify for H&C grounds ??

Any thoughts ?

Like the vast majority of people going through relationship problems and a divorce, your son and his ex were capable of taking care of their children. You made the personal choice to be there to help.

Your wife's illness would be valid H&C grounds for those later years but that does not explain away the previous 6-7 years where you failed to meet the RO.

 

[vdb007]

Like the vast majority of people going through relationship problems and a divorce, your son and his ex were capable of taking care of their children. You made the personal choice to be there to help.

Your wife's illness would be valid H&C grounds for those later years but that does not explain away the previous 6-7 years where you failed to meet the RO.

What are our best options to re-instate my Immigrant status ??

1. Go through Border and appeal for RO not met and only hope for a favorable outcome ?

2. Renounce my Immigrant status and apply for Visitor VISA Or get sponsored by my son on Super VISA.

3. ????? What else ?????

I am 76 yr old now.

 

[canuck_in_uk]

What are our best options to re-instate my Immigrant status ??

1. Go through Border and appeal for RO not met and only hope for a favorable outcome ?

2. Renounce my Immigrant status and apply for Visitor VISA Or get sponsored by my son on Super VISA.

3. ????? What else ?????

I am 76 yr old now.

You can enter and appeal if reported. If your status is revoked, you can attempt a supervisa.

 

[vdb007]

In general would I still have a right to get a Super Visa Or even a visitor visa as I am the last member of the family and a widow now.

My only support or dependency is my Son, the only child in our family.

Although I have two blood relation brothers settled in Vancouver from last three decades.

Bottom line irrespective of any situation I wish to be re-united with my son and two grandchildren (all three our Canadian Citizens)

 

[steaky]

In general would I still have a right to get a Super Visa Or even a visitor visa as I am the last member of the family and a widow now.

My only support or dependency is my Son, the only child in our family.

Although I have two blood relation brothers settled in Vancouver from last three decades.

Bottom line irrespective of any situation I wish to be re-united with my son and two grandchildren (all three our Canadian Citizens)

Supervisa is a privilege and not a right.

Any chance your late wife was a Canadian citizen?

 

[vdb007]

No she wasn’t a Canadian Citizen.
My son (Canadian Citizen) too has been living in India and has been traveling extensively due to his job at a Global level.