Hi Friends,
My query is that we arrived on 2012 with PR in canada and back to my work after 2 weeks staying over their . My family was there for 2 months and they returned to home country . Next year my wife met an accident and it's consequences as well as the finacial crisis we could not move to Canada to have met our 730 days obligation . Our PR expired on last year .Can we apply to retain our PR status in this scenario . Any chance to maintain the status through appeal?Your advice would appreciate regarding this.ppp
Others can comment /correct as well as there are many similar posts here to read but firstly PR cards expire but being a PR never expires it can only be renounced or revoked .
Secondly you cannot renew your PR cards from outside Canada. You need either a valid PR card or PRTD to be able to board a plane back to Canada so once you try applying for a PRTD it would become obvious that you have failed the RO thus starting the revoke process.
Thirdly you could assuming you have a US visa try entering the country via the US land border and hope you did not get reported, stay for 2 years without leaving at all or interacting with IRCC, then renew your PR cards. If reported there is as I understand it a potentially lengthy appeal possibility but that is where you would to consult an immigration lawyer to argue your case.
Forthly you could try to apply for a PRTD on H&C grounds using your wife’s accident and subsequent recovery as a reason, not just financial reasons as that alone would not work.
Most on here would probably say for an H&C application the odds of success are not great leading to your PR status being revoked anyway so it would need to be very convincing why your wife could for example was not well enough between 2014-2017 to travel back, as said financials alone probably not a solid case.
Lastly you could just accept you will lose your PR status, renounce your PR and apply from the beginning again.
Above is my personal view not a professional view so ultimately you might want to consider consulting an immigration lawyer for professional advice.
Financial and economic reasons are not particularly strong reasons for not meeting RO. There is also medical treatment available in Canada, so after the initial treatment, your wife could have recieved treatment in Canada. You haven’t made any mention of your intention to return and remain in Canada. Your biggest issue will be gaining entry. You will either need to apply for a PRTD or cross a land border from the US. Applying for a PRTD will likely result in a rejection and start the process to revoke your PR status. You can appeal, but the process is long and as you have no ties to Canada, I suspect it will also be refused, but you never can tell.
