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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 95897
Experience:  I have been a lawyer since 1985 and have been a professional on this site for 5 years.
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My question needs quite a bit of background info so please

Customer Question

My question needs quite a bit of background info so please bear with me.

My wife and I applied and have successfully gained PR for entry to Canada for ourselves and our son.

We landed in October 2009 and returned to the UK to plan our move, which we were to make in November 2011, well within the deadline for residence.

I was taken suddenly ill in the middle of the night (Kidney stone), in Summer 2011 but during the examination an anomaly was spotted. This turned out to be a small tumour on my left kidney ( no spread of other problems luckily) .

This was easily treatable and I was fortunate to have a new freezing treatment that meant avoiding major surgery. The surgeon advised that this should be a complete cure and that there was no reason not to proceed with our plans after treatment and recovery - which involved 12 months worth of MRI scans to ensure that all cancerous material had been destroyed.

This presented no major problem as we were well within the deadline for minimum residence.

The procedure was carried out successfully and we continued the follow up on the basis that we would move the following September (2011).

During a routine examination in August 2011 the surgeon advised that an area of inflammation had persisted and that as a safety procedure he would like to repeat the freezing procedure. He said that this was entirely optional, but from our point of view it seemed like the proverbial offer you can't refuse.

The problem was that this too would require a series of there monthly MRI scans as follow up to ensure that all was well taking us in breach of the residency requirements.

We marshalled all the relevant medical data and sent this in advance to CIC Sydney asking them to advise whether we would be able to enter the country after the minimum residence deadline (11 October 2011) and whether we could make any case for a delay.

I am now completely clear of any medical problems and will be signed off on December 16th. The surgeon involved is happy to provide written confirmation of my condition, treatment and current state of health.

Despite many emails letters and telephone calls over 14 months we received no reply or response of any kind. Nor has the data be returned to us and we have had to spend much time and trouble acquiring duplicates.

We have also tried obtaining advice from other CIC officers and also the HC in London with no success.

The best we have been able to ascertain is that our PR cards expire in 2016 and we should enter the country and not leave for the next 2 years.

We are happy to do this, but it has also been pointed out that we may be stopped upon entry as we would be well in breach of the residency requirements and then have to appear before a tribunal and could find ourselves expelled within a couple of months.

We would wish to make a case on compassionate grounds that we wee unable to enter the country previously as I was being given complex medical treatment that required follow up. This care was due to an unforeseen contingency and the priority was to have it treated without delay.

We realise that similar or better care is no doubt available in Canada, but it seemed madness to go through the process of immigrating and moving, then seeking complex medical care as a new immigrant when the same was readily available where we were already living .

It seems that we may or may not be stopped and charged with a breach upon entry, or possibly not and we are unable to get any clear guidance from CIC.

We would like to go ahead with the move, but are fearful of the outcome and are now wondering whether it is wise to risk so much in what seems to be a vacuum.

I appreciate that you cannot give definitive advice, but would like to know what you believe the odds are that we can successfully immigrate, or should we simply give it up as an opportunity missed.

Many thanks
Submitted: 2 years ago.
Category: Canada Law
Expert:  Legal Ease replied 2 years ago.
Thank you for your question. My name is Debra and my goal is to provide you with the best possible answer.

To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.

But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Who told you the PR cards expire in 2016?

Or is this a typo? It would be 2014 right?
Customer: replied 2 years ago.



I see here are many typos




the CIC Office were quite clear that they expire in Oct 2016.

Customer: replied 2 years ago.

Here is the confirmation re : expiry date as received from CIC :


Please note your PR card does not expire until 6 Oct 2016. You may apply for a PR card renewal at least 6 months prior to expiry of your PR card, at which time an officer will assess your residency requirements for the previous 5 years. Please note, you must meet the residency requirements in every 5 year period.

Expert:  Legal Ease replied 2 years ago.
I don't believe that letter is right. You PR status is initially for 5 years and the card expires after 5 years as well.

But this typo in the letter may very well be a gift to you.

In any event at least until October 2014 you can enter Canada.

So you should do so at once.

Then you will get some of the residency requirements under your belt. It would not be enough under normal circumstance but this letter essentially says you have until 2016 and perhaps you can rely on this.

It will not help that you had a valid reason for not moving to Canada. You will be told to apply over.

But this letter may help.

I suggest you consult with an immigration lawyer face to face, early in the new year.

Customer: replied 2 years ago.

This is not a letter, but an email received from a CIC office.


Are you saying that we should reapply from the start?


We are fearful of arriving in Canada only to be expelled after a few weeks.



Expert:  Legal Ease replied 2 years ago.
You can at least stay until next October.

I do think there is a typo in their email. Keep the email of course!

I am not saying to reapply now but I am saying that if Canada Immigration determines you've not met the residency requirements that is likely going to be their approach.

Customer: replied 2 years ago.

Did you see my subsequent email?


Our original PR cards were lost and then replaced in 2011, which I think explains the 2016 renewal date.


Our main concern is whether we should enter the country in the present circumstances.


We had asked CIC if we should reapply, but as we are existing PR card holders this is not an option.


We seem to be caught in a cleft stick.



Expert:  Legal Ease replied 2 years ago.
If you posted earlier it did not go up.

You cannot reapply now.

But the date for the card is wrong.

They should not have given you cards that had 5 years on them when you didn't have the much time left.

This was an error.

If it's not caught you will be fine. But I suspect it will be caught.

And your status will expire next October.

You can certainly enter and live here at least until then.

I cannot predict what will happen after that based on this unusual situation.

What province would you be moving too? I think you need to have a telephone consultation with an immigration lawyer.

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