renewing permanent residence status

Hello,
I left canada in 1996 as a landed immigrant to a tropical country because of medical reasons. I have been back twice, 2005? and 2013. Should that affect my status?

Note: I believe the eTA deadline has been extended to September 2016.

It appears, nonetheless, you will likely encounter PR Residency Obligation compliance issues. Your medical condition may constitute H&C reasons justifying retention of PR status, but you would have to prove that with substantial, objective documentation and evidence.

pmm wrote: Hi dpenabill wrote: Note: I believe the eTA deadline has been extended to September 2016. It appears, nonetheless, you will likely encounter PR Residency Obligation compliance issues. Your medical condition may constitute H&C reasons justifying retention of PR status, but you would have to prove that with substantial, objective documentation and evidence. 1. I wouldn't count on the airlines not enforcing the ETA rules before Sept, as some have been enforcing them for the past couple of month, before the change was announced. 2. Somehow I don't think that having to live in a Tropical country for 20 years for a medical condition is going to "fly" as a H.& C. ground.

Regarding eTA, this is what the IRCC website now states:

"However, from March 15, 2016 until fall 2016, travellers who do not have an eTA can board their flight, as long as they have appropriate travel documents, such as a valid passport. During this time, border services officers can let travellers arriving without an eTA into the country, as long as they meet the other requirements to enter Canada."

see http://www.cic.gc.ca/english/visit/index.asp

As for the probable outcome if the OP attempts to justify the absence on H&C grounds, I tend to think you are right. However, I do not know the facts or circumstances, and whether the reason warrants retaining PR status or not depends on the facts and circumstances, so I made no judgment about the outcome, emphasizing rather the burden of proof. (And indeed, that appears to likely be impossible to meet for the OP, but again I defer making judgments, particularly when I am not apprised of the actual facts.)



Edited by dpenabill - 07 Mar 2016 at 4:32am