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URGENT: My aged parents PR Card Expiring

K

Kris_Sharma

Newbie
Apr 6, 2014
6
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Hi Leon/Allurra or anyone with knowledge/experience,

Please advise.

I am a Canadian citizen. My aged parents' PR Card is expiring in July 2014. They have been PR from Nov 2002 and left Canada for India in Sep 2009. They could not come back as their near relatives died and they had to be with them. My mother also had quadruple bypass surgery in 2011. That has taken a toll on her and she is still recovering with frequent chest pain. Then my father became ill and is now suffering from dementia and Alzhiemers. They are all alone in India. I am their ONLY son. They still have some family obligations and need to dispose off their property which they tried unsuccessfully before they fell ill. Now they want to dispose it off and need some more time to complete all obligations. They want to come to Canada next year permanently after disposing off their property and completing all their family obligations. They want to live their last years with me, and will complete their residency obligations and never go back to India. My mother cannot manage the long flight from India on her own with my Dad being in this condition. They want me to go to India and accompany them when they come here. I plan to go to India next year and accompany them. I cannot go to India this year due to job and family commitments.

Please advise on below Questions:
1. If my parents apply for Travel Documents for travel from India to Canada in Sep 2015, what chances are there that their request will be granted. Please advise
2. If Travel document is granted, when they come to Canada, they are not PR correct? Does that mean they have to wait for 730 days before they can apply for PR card. Please advise.
3. Before 730 days and applying for PR Card, will they be able to apply and get the OHIP card (Health Insurance/Card) in Ontario.
4. If they will not get OHIP card for 730 days till they become PR, is it better to apply for extension of PR on Health and Compassionate grounds even though they have not completed the 2 yrs residency requirement? What are their chances of getting their PR card extended? My parents can give an undertaking that they will stay at Canada and complete their residency requirement.

Please advise.

Thanks
Kris
 
Kris_Sharma said:
Hi Leon/Allurra or anyone with knowledge/experience,

Please advise.

I am a Canadian citizen. My aged parents' PR Card is expiring in July 2014. They have been PR from Nov 2002 and left Canada for India in Sep 2009. They could not come back as their near relatives died and they had to be with them. My mother also had quadruple bypass surgery in 2011. That has taken a toll on her and she is still recovering with frequent chest pain. Then my father became ill and is now suffering from dementia and Alzhiemers. They are all alone in India. I am their ONLY son. They still have some family obligations and need to dispose off their property which they tried unsuccessfully before they fell ill. Now they want to dispose it off and need some more time to complete all obligations. They want to come to Canada next year permanently after disposing off their property and completing all their family obligations. They want to live their last years with me, and will complete their residency obligations and never go back to India. My mother cannot manage the long flight from India on her own with my Dad being in this condition. They want me to go to India and accompany them when they come here. I plan to go to India next year and accompany them. I cannot go to India this year due to job and family commitments.

Please advise on below Questions:
1. If my parents apply for Travel Documents for travel from India to Canada in Sep 2015, what chances are there that their request will be granted. Please advise
2. If Travel document is granted, when they come to Canada, they are not PR correct? Does that mean they have to wait for 730 days before they can apply for PR card. Please advise.
3. Before 730 days and applying for PR Card, will they be able to apply and get the OHIP card (Health Insurance/Card) in Ontario.
4. If they will not get OHIP card for 730 days till they become PR, is it better to apply for extension of PR on Health and Compassionate grounds even though they have not completed the 2 yrs residency requirement? What are their chances of getting their PR card extended? My parents can give an undertaking that they will stay at Canada and complete their residency requirement.

Please advise.

Thanks
Kris
Click to expand...
OK, here goes...

1) I think the chances of being granted a PRTD are very low, unless the H&C considerations are taken into account.

2) Incorrect. They will still be PR. The possession of a valid PR card and the persons PR status are not linked. You can be a PR inside Canada and NEVER own a PR card in your life. (OK, it's not easy to get things done, but that's the law...) If they receive a PRTD on H&C grounds, they should be able to apply to renew their PR cards, as the H&C decision has already been made by the visa office. It's not 100% but it's close.

3) They will have to prove status and residency for OHIP. Check the OHIP web site for specific details. Again, in theory, a PR card is not required.

4) See 2).
 
Hi Zardoz,

Thanks. So I will ask my parents to apply for a PRTD on H&C case. That is the only option left. One question: Does it matter if they indicate the intended Canada arrival date as Sep 2014 or Sep 2015? Is the chances of getting a PRTD better for an earlier Canada arrival date or it does not matter? Sep 2015 is better so that they can finish their obligations, but if requesting extension of PR by a few months is better than 1 year, then we will go with that.

Please advise,
Regards,
Kris
 
A travel document doesn't extend their PR validity - it allows them to return to Canada. Once the TD is issued, it has a limited validity date (I believe six months?). So you need to keep this in mind when deciding when to apply.

The sooner you apply for the TD the more likely it is to be granted.
 
Thanks Scylla.

Once they come to Canada, how will they become a PR. Will Canada allow them to stay with me for 730 days to complete the residency obligation? We can wait for 730 days to get a PR card, but they should not be given a visitor visa and asked to leave in 6 months.

Please advise.
Thanks
Kris
 
Kris, despite not fulfilling RO, they are still permanent residents. That is, until CIC officially cancels it. Applying for a TD will give CIC the opportunity to cancel their permanent residence. They can appeal such a decision, but they cannot come to Canada while the appeal is in progress. So it is very risky. If possible, they should enter Canada from the US land border with their COPR. Even if they get reported, they will atleast be with you while their appeal is in progress.

If you chose to apply for a TD, you must do so when they are finally ready to fly. The validity of a TD is no more than 6 months.
 
I would recommend that you try to get them here before their PR cards expire. If you can not go to accompany them yourself, can somebody else do it?

Anything can happen between now and next year, their health could deteriorate further etc. which can complicate things.
 
Thanks Hobbes and Leon. Really appreciate your response and advise. Looks like if my parents apply for a TD, they risk the chance of losing their PR. As you have suggested, I agree that the best option is to bring them to Canada before their PR card expires. Either I will have to somehow go or see if anyone can accompany them.

One last question. Since they have not fulfilled their RO, when they land up in Canada, will the immigration officials allow them to get in or cancel their PR status and either issue them a visitor visa for 6 months or send them back from the airport? Ofcourse my parents will give an explanation of the reasons they could not fulfil their RO - health problems, death in the family, etc. and give an assurance that they will meet their obligations next 5 years. But will that be sufficient. I do not want them travelling all this way to find out that their PR status is cancelled and they have to go back or stay here as a visitor for 6 months with no OHIP coverage.

Please advise. No more questions!

Thanks
Kris
 
You probably should sit down and read the following three manuals. They will clarify things for you.
http://www.cic.gc.ca/english/resources/manuals/enf/enf27-eng.pdf
http://www.cic.gc.ca/english/resources/manuals/enf/enf23-eng.pdf
http://www.cic.gc.ca/english/resources/manuals/enf/enf04-eng.pdf
 
Kris_Sharma said:
Thanks Hobbes and Leon. Really appreciate your response and advise. Looks like if my parents apply for a TD, they risk the chance of losing their PR. As you have suggested, I agree that the best option is to bring them to Canada before their PR card expires. Either I will have to somehow go or see if anyone can accompany them.

One last question. Since they have not fulfilled their RO, when they land up in Canada, will the immigration officials allow them to get in or cancel their PR status and either issue them a visitor visa for 6 months or send them back from the airport? Ofcourse my parents will give an explanation of the reasons they could not fulfil their RO - health problems, death in the family, etc. and give an assurance that they will meet their obligations next 5 years. But will that be sufficient. I do not want them travelling all this way to find out that their PR status is cancelled and they have to go back or stay here as a visitor for 6 months with no OHIP coverage.

Please advise. No more questions!

Thanks
Kris
Click to expand...

They can not cancel their PR status on entry. They can ask them about not meeting the requirements and there are two possible results. One is that they let them enter and they will still be PR and will be able to get OHIP coverage after 3 months and can renew their PR cards after 730 days when they meet the RO again. The other is that the immigration officer reports them for not meeting the requirements in which case they can appeal based on H&C grounds such as their reasons for not being able to meet the RO as well as their only family support being in Canada etc. etc. They would be allowed to enter Canada as PR's and stay in Canada during the appeal processing which can take 1-2 years during which time they also have OHIP etc.
 
Great! Thanks Leon. Your response sounds encouraging. I was afraid that I bring them all the way here in their old age and ill health only to find out that they have to go back immediately or within 6 months. 1 -2 yrs is encouraging.

I may be able to get some short leave just to go and bring them here. They will be landing just a couple of days before their PR card expires. Hopefully that is OK.

Thanks All again for your help.

Best Regards,
Kris
 
1. The immigration side of things has been covered in some detail and I concur re-entry pre PR Card expiry is the best option.

2. However you need to carefully review the medical side of things. Your parents will not be covered for OHIP until they re-establish residence in Ontario. In addition there is a 3 month waiting period. You want to make sure they have medical insurance for any emergency situations until they are covered by OHIP. Insurance won't be cheap especially with pre-existing conditions.

Good luck
 
Thanks Msafiri. I understand the 3 month waiting period for OHIP. That is how it was last time when they came. But you also mentioned "Your parents will not be covered for OHIP until they re-establish residence in Ontario. In addition there is a 3 month waiting period". Did you mean that OHIP will not be provided till they fulfil their PO. That will take 730 days. Please clarify what you mean by 'until they re-establish residence in Ontario'.
 
Kris_Sharma said:
Thanks Msafiri. I understand the 3 month waiting period for OHIP. That is how it was last time when they came. But you also mentioned "Your parents will not be covered for OHIP until they re-establish residence in Ontario. In addition there is a 3 month waiting period". Did you mean that OHIP will not be provided till they fulfil their PO. That will take 730 days. Please clarify what you mean by 'until they re-establish residence in Ontario'.
Click to expand...
Residence re-establishment for OHIP counts from the day they re-enter the province. Check the OHIP page you were directed to at the start of the responses to see what is considered proof of residence..apply at the first opportunity. Residence re-establishment for PR is when they have 730 days...2 different points in time.
 
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