PR card expiration in March 2014 and residence criteria to renew not met
Jump to Page:
< Previous [ 1 ] Next >
Posted on: 15-02-14 23:01:57
My parents came to Canada as landed immigrants in March 2009. My father tried to get job in banking/finance sector but it was really difficult because of recession, even getting any survival job was pretty competitive at that time because of the economy. It was difficult to sustain on Indian savings in Toronto for a long time and my parents decided to go back to Mumbai, India and come back later on whenever it is possible. Also, another main reason to go back was there were some property issues that needed to be taken care of.
I completed my masters in electronics engineering and have been working for last more than 3 years now in Toronto/Ottawa area. After I got settled over here, I called my parents to come back last year April 2013. Their PR now expires in March/April 2014 and they would have stayed around only 450 days till march/april 2014, though the PR renewal eligibility criteria requires 2 years (730 days) out of 5 years to successfully renew it. So, following questions arise due to this situation:
1. Should my parents continue to stay here for another year in Canada and avoid travelling anywhere outside Canada till June 2015 and then apply for the renewal of PR card? In this case, if they put renewal application next year, will CIC consider the number of days they lived after April 2014 or they will not? Is it at least possible to renew PR card next year on the basis of H & C grounds?
2. Can this be done? Is this legal? If this cannot be done what is the solution to renew PR card?
3. Should my parents put the renewal application this current year March/April 2014 when it expires on the basis of H & C grounds with valid reasons and hope CIC to get back with positive response? If they do apply now, their status would still be "implied permanent residents" and they can continue to stay here legally till they get response from CIC, is this correct?
I have my brother in Toronto also and ideally we would like our parents to get their PR card renewed successfully, so that it will give them an opportunity to come back whenever they want.
Any legal advice/help/insights related to this case would be really helpful.
Thanks
Quote:
Originally posted by vinod2187
My parents came to Canada as landed immigrants in March 2009. My father tried to get job in banking/finance sector but it was really difficult because of recession, even getting any survival job was pretty competitive at that time because of the economy. It was difficult to sustain on Indian savings in Toronto for a long time and my parents decided to go back to Mumbai, India and come back later on whenever it is possible. Also, another main reason to go back was there were some property issues that needed to be taken care of.
I completed my masters in electronics engineering and have been working for last more than 3 years now in Toronto/Ottawa area. After I got settled over here, I called my parents to come back last year April 2013. Their PR now expires in March/April 2014 and they would have stayed around only 450 days till march/april 2014, though the PR renewal eligibility criteria requires 2 years (730 days) out of 5 years to successfully renew it. So, following questions arise due to this situation:
1. Should my parents continue to stay here for another year in Canada and avoid travelling anywhere outside Canada till June 2015 and then apply for the renewal of PR card? In this case, if they put renewal application next year, will CIC consider the number of days they lived after April 2014 or they will not? Is it at least possible to renew PR card next year on the basis of H & C grounds?
I think there should not be any issue if they apply for PR renewal in june 2015 .
First, let them pack up and come back to Canada for good before the expiry of their PR Cards and not to to plan any out of Canada travel in near future. The PR renewal can be planned later at an appropriate time. ( It is not necessary to renew the PR as soon as it expires).
Thank you very much for the replies. Gurram, they are already over here for the past 8 months now. So , basically they can stay till june 2015 and then they should apply for PR rite?
Vinod,
Yes, they can stay till then. By law, CIC can only look into to see the immediate 2 years before the PR renewal application. So, sit your parents down tight and tell them not to involve themselves in any sponsorship work or anything immigration related (like travel) for another year and then put in the PR renewal like Gurram states.
Good luck!
The one thing that is likely to happen is when they return, they will be asked details on the period of stay away from canada.
Assuming they provide truthful answer, the immigration agent will send your parents to a separate section where their lengthy stay outside canada will be documented.
They will be allowed to enter the country and there is a chance a removal proceeding will be initiated. This could be contested based on their sons stay in canada.
Lying at point of entry is something that could come with its own set of issues.
PR renewal only looks at 2 years of residency in previous 5 years, so they just need to wait a while for renewing PR
dudewheresmycar,
His parents are already IN Canada. So everything you said is not pertinent to this particular case.
