Maintaining Canadian Permanent Residency Status outside Canada to be with Blind Daughter

Can you keep your Canadian Permanent Residency Status while living outside of Canada?

I sponsored my mother for Canadian Permanent Residency and she was approved about 3 years ago. She had only visited Canada once for about 2 weeks since she became a Permanent Resident. She had not moved to Canada because my sister was not approved for Canadian Permanent Residency Status when I sponsored her as a dependent of my mom (my sister is legally blind and above the age of a dependent). My mom doesn’t want to leave my sister behind alone with her condition. She also does religious missionary work at her temple. Is there anyway she can maintain Canadian Permanent Residency Status if she won’t be able to move to Canada for at least a few more years? Any help would be greatly appreciated


Maintaining your Canadian Permanent Residency Status

Your mother could maintain her Canadian Permanent Residency Status if she has not met the normal residency requirements (living in Canada for 2 years within the last 5 years), if there are humanitarian and compassionate grounds to justify her absence from Canada. In this case, if she can demonstrate that being with her daughter given her medical condition is necessary, she may have a case. However, I am curious as to why your sister who is legally blind was refused for Canadian Permanent Residency Status as a dependent in the first place (despite her age).

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Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.

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About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the American Bar Association. He is frequently called upon to appear in the media to discuss Canadian and US immigration issues effecting North Americans. He has been interviewed by Canada AM, CTV, Canada News Net, the Globe and Mail and the Toronto Star and has given lectures on immigration topics overseas.

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