Preserving P R Status

Humanitarian and Compassionate Grounds

 

Please guide and help me to maintain the PR Status of my Dad.

 

I am new to forum.  I am in a situation.  My dad is almost 76 Years Old.  I have sponsored him as family class immigrant and he received his immigration in 2003. 

 

He first came in May 2003 and went back in Sept 2003.

He came again in May 2006 and stayed 2 years in Canada and got new PR Card which is Valid until 2013.  He left Canada in March 2008.

He came back in Canada in March 2011 before completing 3 years out of country stay.  

 

Currently his elder brother is suffering from the illness due to old Age.  He wants to be there to look after as well as want to be present there during his sickness etc.

 

He can come and go until 2013 but he is not completing his 2 years i.e. 750 days in five years.

 

He does not want to lose his PR status as well as he wants to be present there during the illness of his elder brother. 

Most of my family; brothers and sisters are also in back home.  So I want him to keep his PR Status so he can visit us frequently because my kids are also very close to him.  He is loving father as well as grand father. 

 

Is there any possibility to get waiver for the stay in Canada to maintain PR Status?   Please help me to find better option for him.  My Email address is [email protected], if someone want to send me message as well.

The requirement is 730 days in five years (not 750).

There are H & C grounds available but the circumstances described seem to weigh against that (amount of family in home country for example).

It is a difficult choice.

As scylla suggested, so long as he returns while his PR card is still valid there are at least some odds of being allowed to enter the country without being flagged for a residency obligation breach even if he has not fully complied (though these days the electronic information records and access are changing those dynamics).

The more time he spends in Canada, the closer he is to meeting the residency requirement, the better his odds of being allowed in without a residency examination, and if it comes to making H & C arguments, the extent of the shortfall is relevant to that. Short, more frequent trips abroad are better but that gets real expensive real quick.

For more information about losing PR status, see ENF 23 (this is a link), and humanitarian and compassonate determinations are discussed around page 20 or so, in section 7.7., including in particular the range of factors for consideration. However, like I said, the extent to which there is family in the home country, and the extent to which he has obviously been able to live in his home country, weigh against factors like disproportionate hardship.