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myhope21 Posts: 2
Posted On: 6/12/2017
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Hi,
I'm living at BC. I really need your help. My husband and I sponsored my mother (my dad passed away-1991). My mom arrived in Canada on July 2007. Her 2nd renewal PR card will expire on Aug. 2017. I applied for her citizenship on Nov. 2013. She went back to the Philippines on Nov. 2013. Her first letter to appear for citizenship came( I forgot when) and I wrote a letter to citizenship that my mom is still back in the Philippines. She cannot travel back due to swollen left knee, cant walk much and painful. Last Oct. 2016 she had a stroke and has left side deficit. She is now 87 yrs. old.
My 50 yrs old single brother is her main caregiver.
My questions: 1. Can she return to Canada since she left on Nov. 2013 and her PR card will expire on Aug.2017?
2. Can my brother accompany her and stayed with her while in Canada?
My brother is a hardworking man (he confides to me he's gay reason why he's still single) but did not finish school and has no show money.
We invited him many times in the past to visit Canada but was denied. Even we wrote letter-notarized- that we will shoulder all his expenses. I am so desperate to get my mom back.
I want her to be here with me and care for her as well. My brother is willing to accompany her and take care of her as well. I am working as casual Licensed Practical Nurse here at Burnaby Hospital. My husband working at University of BC as custodian.
It will be really big help(financially) for my family to bring my mom back.
The immigration in the Phil was very strict.
Before sponsorship, my mom was denied 3x to visit Canada. Last deny my husband has 2 jobs and wrote a letter - notarized that we will shoulder all her expenses as well but was still deny. So, we decided to sponsor her because if immigration within Canada approve our sponsorship - the immigration in the Phil has to give her visa to come to Canada.
Can the immigration within Canada (not Phil) help us for the immediate return of my mom with my brother?
Please help me.
What should I do and how will I do it?
Thank you and God bless.
My
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Moderator Moderator Posts: 4145
Posted On: 6/26/2017
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Hello,
Thank you for sharing your mother's situation and question with us.
We can appreciate that you would be interested in some information specific to this situation.
Regarding your first question,
My questions: 1. Can she return to Canada since she left on Nov. 2013 and her PR card will expire on Aug.2017?
Regarding the process, as you may have already read, basically what happens is that, each time a permanent resident enters Canada, Immigration, Refugees and Citizenship Canada (IRCC) may calculate 5 years back from the date a permanent resident has entered or re-entered Canada to see if they have fulfilled their residency obligation.
You can find information on the process that is followed when entering Canada in this Immigration, Refugees and Citizenship Canada (IRCC) ENF 23 - Loss of Permanent Resident Status manual.
Here is an excerpt from the manual on what happens at the port of entry here:
"7.8 Examining Permanent Residents at a POE (Port of Entry)
When a permanent resident appears at a POE for examination, the officer must confirm that the person is a permanent resident. Officers must remain cognizant of the fact the Act gives permanent residents of Canada the right to enter Canada at a port of entry once it is established that a person is a Permanent Resident, regardless of non-compliance with the residency obligation in A28 or the presence of other grounds of inadmissability.
Port of entry officers (POE) can refuse entry to a Permanent Resident only when the person has already lost the status in accordance with the provisions of A46 (such as when a final determination has been made that they have failed to comply with the residency obligations or when a removal order comes into force).
In other words, once a permanent resident's status is established, the person may enter Canada by right and the immigration examination under IRPA concludes.
If an officer has concerns that a permanent resident has not complied with the residency obligation of A28, the officer should advise the permanent resident when the examination is concluded that they are authorized to enter Canada; however, the permanent resident may wish to answer additional questions so the officer may determine whether their concerns are well founded or not.
In cases where:
- permanent resident status is established;
- the permanent resident refuses to provide any further information and enters Canada;
and
- the officer believes, on a balance of probabilities that the person is in non-compliance with the residency obligation, officers may report the person, pursuant to A44(1). if there is sufficient evidence to support an inadmissibility allegation. In the absence of sufficient evidence to support the writing of an inadmissibility report, officers may enter any available information into FOSS (date of entry, last country of embarkation, current address in Canada etc.)."
It is important to note that in terms of loss of permanent residency, a person does not lose it until a final determination has been made.
According to the Citizenship and Immigration Canada (CIC) ENF 23 - Loss of Permanent Resident Status manual,
"It is important to note that a permanent resident does not lose their status under A46(1)(b) until there is a final determination of the decision made outside Canada that they have failed to comply with the residency obligation under A28.
Permanent residents are not finally determined to have lost their permanent resident status until the right of appeal has been exhausted."
You can also find that type of information in the Immigration, Refugees and Citizenship Canada -How long must I stay in Canada to keep my permanent resident status? FAQ.
You may also want to contact the Immigration, Refugees and Citizenship (IRCC) Call Centre for some additional information regarding your mother's situation. Please note that it is possible to call the Call Centre to ask a general question. You do not have to provide personally identifying information.
Regarding your second question,
2. Can my brother accompany her and stayed with her while in Canada?
You mentioned that you tried previously to get a Visitor Visa for him.
We are sorry, it is not possible for us to provide a definitive response regarding whether or not your brother will be issued a Visitor Visa. There are no guarantees.
You can find some information in our Settlement.Org Do I need a visitor's visa to visit Canada? article.
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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