Parents sponsor 3 years outside Canada |
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qaismaash
New Member Joined: 01 Apr 2013 Status: Offline Points: 1 |
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Posted: 01 Apr 2013 at 9:03pm |
Hi,
I hope someone have a clear answer for me. This is my case, I sponsored my parents and they landed in 2009, after that they had to leave Canada and they are planning to come back in May 2013, my questions are: - They already spent more than 3 years outside Canada (for medical reasons), their PR card expire April 2013, can they enter Canada this May or they will not let to enter from the Airport point?. - Assuming they can enter, will their PR renewed?. - Any idea what's the requirements to renew PR to sponsored parents?. Thanks.
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dpenabill
Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407 |
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Bad news: they are at the least technically in breach of the PR residency obligation, thus inadmissible. Odds are, given how long they have been outside Canada, even if their PR cards were still valid, there would be 44(1) reports issued when they arrived at a POE to enter Canada, to be followed by Removal Orders. They can argue H&C grounds. A lawyer could help in that regard (consultation ahead of time; then after in the appeal process if necessary, which seems likely).
If they manage to travel to a Canadian POE, whether or not their PR cards are still valid (say before expiry date this month) or not valid (arrival in May after expiration of current PR cards) they are entitled to enter Canada, as they are still PRs at that point. But, as I said, odds are high they will be issued 44(1) reports and Removal Orders. They can appeal. They can remain in Canada while the appeal is pending. If they lose the appeal, their PR status is revoked. Once the PR cards have expired, their real problem may be just getting to Canada, unless they carry passports from a visa exempt country. Once the PR card expires they are not supposed to be allowed to board a commercial flight destined for Canada. So, without a currently valid PR card they will not even be allowed to board a plane to come to Canada. |
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Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.
BTW: Not an expert, not a Can. lawyer, never worked in immigration |
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wbw
New Member Joined: 07 Mar 2013 Status: Offline Points: 5 |
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Then what is the probability of being reported which I 'd love to know.
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