Will my sister lose permanent-residency status? - News - Jamaica Gleaner - Tuesday | May 7, 2013

Will my sister lose permanent-residency status? - News - Jamaica Gleaner - Tuesday | May 7, 2013

Dear Miss Powell,

I am writing you this letter on behalf of my sister as the entire family is upset about the situation. A few years ago our family had the opportunity to come to Canada.

All of us came except one of my sisters who wanted to finish up at university. She has visited us every holiday and stayed until it was time to return to school. She graduated with honours and got a good job in Jamaica, so she only visited us when she had long holiday weekends or was on vacation.

Her permanent resident card will expire this year and I am concerned that it may not be renewed. What can we do? Mom is very ill and we need her to be here to assist with Mom's care.

- KR

Dear KR,

When an individual is granted permanent - residency status in Canada, he or she must comply with the residency obligation or risk deportation or revocation of permanent- resident status. This means that your sister will need to present evidence that she was present in Canada for a minimum of 730 days within the last five years.

There are certain circumstances when a permanent resident can be outside of Canada for extended period and not be penalised, such as:

1. If the person was accompanying a Canadian citizen who is their spouse, common- law partner  or parent.

2. If the person was employed on a full-time basis by a Canadian business or organisation of federal public administration.

3. If the person is accompanying a permanent resident such as a spouse, common-law partner or parent, who is employed to a Canadian business or organisation on a full-time basis.

NEED TO RETURN

Your sister should return to Canada before the expiry of her permanent resident card and renew the card in Canada in order to avoid complications. She should also remain in Canada and adhere to the terms of her residency, if she intends to provide support to you and your mother.

You did not say whether on her last trip she was warned by an immigration officer of the possibility of losing her permanent residency. When officers advise an individual of this information, an entry to this effect would normally be made on her record and the officers will be alerted the next time she returns to Canada.

Instead of panicking, check the online residency calculator to see if your sister has indeed been outside of Canada for more than 1,095 days within the last five years. If she has failed to satisfy the basic requirement, she will need to explain the reasons for her extended absence outside of Canada.

CAUSE FOR CONCERN

I'm a little concerned that based on the facts you have presented, it appears that your sister will have a difficult time convincing an immigration officer that she has a genuine interest in remaining in Canada. I must highlight that working or studying away from Canada have not been seen as justifications for not meeting residency requirements, unless she was working with a Canadian company or organisation that is based in Jamaica.

You have indicated that your mother is extremely ill and therefore you need the support of your sister. If she submits her card for renewal and she is denied, she may submit an appeal within 60 days to the Immigration Appeal Division. She will need to convince an officer that she is serious about staying in Canada. She may be able to succeed under humanitarian and compassionate grounds.

I must say, however, that the fact that you are the one submitting the question, instead of your sister, is a cause for concern. It appears that your sister does not really want to be in Canada. I understand your concerns for your mother, but your sister will need to submit the application herself and the onus will be on her to convince an immigration officer that she wants to remain in Canada.

On a different note, if you have been residing in Canada over five years, you should apply for your citizenship and avail yourself of the benefits.

Best of luck to you and family.

Deidre S. Powell is a lawyer, mediator and notary public who is a member of the Jamaican and Ontario, Canada bars, with office located in Ottawa, Ontario. Her areas of practice are immigration, real estate, commercial, personal injury, family and administration of estates. Email: info@deidrepowell.com. Subject line: Immigration