Residency obligation not met by three months.

[Riya3102]

Hi I am looking for some serious help for my dad here, your suggestions are welcome.
My dad completed his citizenship application in 2018 and was waiting for his Canadian passport but somehow due to reasons unknown we got a letter that this application got abandoned. Now the elephant in the room right now is that he went to India after applying because he has his mother living alone there and he makes frequent trips back and forth. Then got Covid himself and was really serious as he is a diabetic patient. With all the travel bans and no direct flights we don't want to risk his life again on account of travelling back. But sadly because of abandonment of his application his PR card is set to expire in October 2021 and to renew it right now he is short three months . I am looking for your best advice here, should he reapply without completing his residency obligation , do you think he would be excused based on health grounds, travel restrictions and his elderly mother alone in India ? We really don't want him to travel in such a condition. Please suggest.

 

[steaky]

I suggest he try to apply for a PR travel document in H & C basis. Hope the situation will be covid-free by the time he get the document.

 

[armoured]

He should still try to travel before the pr card expires.

If that ends up not being possible, sure, apply for prtd then.

There is no point applying for the prtd before the pr card expires.

 

[Riya3102]

I suggest he try to apply for a PR travel document in H & C basis. Hope the situation will be covid-free by the time he get the document.

What do they usually consider under H & C basis? Have you seen any similar cases being exempted on such grounds? Thank you for replying?

 

[steaky]

What do they usually consider under H & C basis?

Things like looking after sicked mother, got covid himself and takes time for recover, etc. But it's not guaranteed.

 

[canuck78]

Hi I am looking for some serious help for my dad here, your suggestions are welcome.
My dad completed his citizenship application in 2018 and was waiting for his Canadian passport but somehow due to reasons unknown we got a letter that this application got abandoned. Now the elephant in the room right now is that he went to India after applying because he has his mother living alone there and he makes frequent trips back and forth. Then got Covid himself and was really serious as he is a diabetic patient. With all the travel bans and no direct flights we don't want to risk his life again on account of travelling back. But sadly because of abandonment of his application his PR card is set to expire in October 2021 and to renew it right now he is short three months . I am looking for your best advice here, should he reapply without completing his residency obligation , do you think he would be excused based on health grounds, travel restrictions and his elderly mother alone in India ? We really don't want him to travel in such a condition. Please suggest.

How much time has he spent in Canada in the past 5 years? How much time has he spent in Canada since applying for citizenship application in 2018? Does he have siblings that live in India? Have you ordered GCMS notes to see what happened with the citizenship and to figure out what actually happened and whether there other things going on with his applcation.

 

[Riya3102]

How much time has he spent in Canada in the past 5 years? How much time has he spent in Canada since applying for citizenship application in 2018? Does he have siblings that live in India? Have you ordered GCMS notes to see what happened with the citizenship and to figure out what actually happened and whether there other things going on with his applcation.

He has spent about 20 months in the last 5 years and about 4 months since he applied his citizenship. He does have siblings in India but all in different parts of India. Yes we ordered notes for his application but don’t know how long till we get a reply from them. His pr card expires in October 2021 do you think he should apply for renew before that (not completing his residency obligation) on H & C grounds?

 

[canuck78]

He has spent about 20 months in the last 5 years and about 4 months since he applied his citizenship. He does have siblings in India but all in different parts of India. Yes we ordered notes for his application but don’t know how long till we get a reply from them. His pr card expires in October 2021 do you think he should apply for renew before that (not completing his residency obligation) on H & C grounds?

He can’t apply to renew his PR card based on H&C reasons from India. He should really try to return to Canada before his PR card expires. If he doesn’t he can apply for a PRTD based on H&C to return to Canada.