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OchreNomad Posts: 1
Posted On: 4/25/2018
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How are you all doing today?
Okay, so this is regarding my mum's PR.
I'll post the incident from yesterday and the question i have first, followed by the backstory, just to save a few of you a wall of text.
Mum landed in Canada as PR: Dec 2008
Departed Canada: Jan 2009
Card expired: Jan 2014
Incident I'm about to mention: This week
I (Canadian PR) drove my mum up to the border in my car. Rolled up to the gate, presented the passports and cards. The officer manning the gate asked us a few questions about my mum's absence and sent us in for secondary questioning.
Inside, the officer called us up to his desk and started questioning us. He got a pen and paper to jot down the timeline to find my mistakes so that i can't refuse later on (his words). He rushed me, twisted my words and asked the questions again to make break my flow (??) to see if my story would hold up when attacked, maybe. I mentioned I had all the documents with me (a file thicker than my wrist). He said he didn't want the docs but wanted me to tell him everything - Why was my mother away from Canada for 9 years and why was she only coming back now.
After I'd told him everything, he took the documents (along with the letter of decision for my RO appeal with the IAD - Appeal was filed with almost the same docs on H&C grounds), asked us to sit and went in the back. 40 minutes later, he comes back and calls us up again.
His words:
"This office does not have the resources to process cancelling her residency. So, I'm letting her in. You'll have to take this up yourself with IRCC. You can go." while handing back my mum's PR card to her.
No official letter given, no mention of reporting her, no directives about her having to appeal within 60 days to save her PR.
Questions:
So, now that she's in - stay on for 730 days and apply for Pr card renewal?
or am i supposed to do something here? Do i start a new application with IRCC for my mother, which will most certainly be denied due to RO not being met?
any and all input is highly appreciated.
BACKSTORY, for context:
We landed in Canada in Dec 2008 (point based PR, father being the main applicant). We received our new PR cards in Jan 2009 (expiry Jan 2014). My sister stayed on as she was already enrolled for school in DT Toronto. My parents and I returned to the home country end of Jan 2009, owing it to my maternal Grandma's poor health ( serious back issues due to injuries).
2011 rolls around and we are planning on moving back to Canada now that my grandma is doing much better. It's decided that all three of us will move back to Canada in 2011 Q4 after wrapping up everything.
July 2011, my grandmother fell and broke her hip. She's been bedridden ever since.
15 days after my grandmother fell, my dad passed away, rather suddenly.
Our lives were turned inside out with the back to back shocks. We stayed on, dealing with things as they came up. New city, grandmother in and out of hospitals, settling down, nurse on call, learning to tend to my grandmother, onset of dementia. slow but sure muscle atrophy.
Finally, I moved back to Canada in Dec 2013 a month before the card expired) while my mum stayed back to care for my grandma. Luckily, i was let back in without being reported. Sadly, i had to leave Canada yet again before my 2 years of RO were met. Once things were sorted out, I applied for PRTD. Denied. I Appealed with IAD. 12 months later, I won. PRTD acquired. (Back in Canada now, PR card et al).
After my PRTD was granted and before i could fly back, my grandma passed away. I flew with my mum to USA where she stayed on while i got back to Canada. After a few months, Mum flew back to wrap everything up and came back to the USA in Q1 2018. She ended up staying in USA for 3+ months as i was in the middle of a move across Canada because of a new job.
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Moderator Moderator Posts: 4075
Posted On: 5/10/2018
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Hello,
We are doing well thank you!
Thank you for sharing your situation and question with us.
We apologize for the delay in responding to your question.
We can appreciate that you would be interested in this information.
We have previously received some information from one of our legal researchers related to which days or periods are considered for meeting the residency requirements and what is best to be done in these type of circumstances.
Generally, to find out if someone has fulfilled their residency requirements, each time a Permanent Resident re-enters Canada, the Officer will count back 5 years from the date the permanent resident has re-entered Canada.
Since the officer cannot choose any five-year time period for consideration, but must always assess the most recent five-year time period (the one immediately preceding examination.
According to their research, the five-year time frame set out in the Refugee and Immigrant Protection Act is not static.
Rather it is a move-able window that is dependent on the time at which a visa officer examines your situation. Therefore, if someone cannot fulfill the two-year (730 day) requirement for the five-year time frame starting from when someone became a permanent resident, they should remain in Canada until they can satisfy the requirement for another five-year time frame.
In terms of what to expect after your mother has entered Canada and your questions,
So, now that she's in - stay on for 730 days and apply for Pr card renewal?
or am i supposed to do something here? Do i start a new application with IRCC for my mother, which will most certainly be denied due to RO not being met?
you can find some helpful information in one of our previous Settlement.Org Back In Canada 20 Yrs Later- Apply For PR Card? Discussion Threads.
If you have any additional concerns or require clarification regarding your mother's situation, you may want to contact the Immigration, Refugees and Citizenship Canada (IRCC) Call Centre directly.
It is important to note that you do not have to provide any personally identifying information in order to ask a general question.
I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.
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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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