Many people always ask: Immigration prisons’ residence obligation requirements in Canada are not met due to epidemics or home care factors, and can we apply for humanitarian sympathy to renew the Maple Leaf Card (PR Card)?

In theory, it is indeed feasible to update the maple leaf card in special cases, but not all reasons can be used. Today, I will share humanitarian sympathy with you, update the maple leaf card and raise various reasons, but end up being rejected by the immigration judge:

An 81-year-old Chinese lady has applied for a travel permit to repay Canada, and she is "not full of immigration prisons", has recently exposed details. What attracts netizens' attention is that the old lady provides various reasons or excuses when attracting people, but is refuted by the judge alone.

Netizens said that the old lady's defense and the judge's refutation are worthy of taste, which is enough to make the relevant person consider it a warning.

Court documents show that 81-year-old Chinese grandmother Zhang arrived in Canada in 2014 and returned to China in 2019. In 2022, she applied for a "Travel Return to Canada (PRTD)" from Canada as an admission permit for a permanent resident (PR) (PR), a person who is allowed to return to Canada from Canada to one card, but PR outside Canada has valid cards, but the valid cards are valid cards.

Unfortunately, the Immigration Bureau rejected Grandma Zhang’s PRTD application because: “Grandma Zhang failed to fulfill her obligation to live in Canada (that is, she did not encounter an immigration prison for 5 years and 2 years).

According to the Immigration Department calculations, Grandma Zhang only lived in Canada for 538 days within the five years before the plan to return to Canada in 2022, and did not meet the "minimum requirement of living in Canada for at least 730 days in five years."

The old man was dissatisfied with a range of reasons such as “humanitarian sympathy” and “cannot come back from the outbreak” and appealed, but was rejected by the Immigration Appeal Court.

The following is a brief summary of Mrs. Zhang's defense, which is also the rejection of Judge Ferrari of the Court of Appeal:

Reason 1

Coronavirus disease

Grandma Zhang: In November 2019, she returned to China to visit her son, but soon, the new crown epidemic outbreak prevented her from returning to Canada.

Judge: The Canadian Visa Office confirmed that Canadian permanent residents have no longer restricted their return to Canada since March 2020.

Reason 2

Trip delay

Grandma Zhang: When she returned to China, she not only visited her son, but also wanted to invite her friends to take a boat to Japan. The cruise ship left on December 26, 2019, and the journey delayed her return time.

Judge: The pandemic has indeed made the journey unsafe, but the old lady’s behavior “dare to return to Canada by plane” and the other side “dare to go to Japan by boat” is convincing.

Reason 3

Fear of flying alone

Mrs. Zhang: Because she is old, she dare not fly back to Canada alone.

Judge: Evidence shows that Grandma Zhang was lonely when she flew back to China from Canada.

Reason 4

Aviation Services

Grandma Zhang: When she flew back to China, she was flying from China Airlines to China, and later they did not or stopped flights to Canada.

Judge: There is no evidence that Grandma Zhang has contacted Chinese airlines or other non-Chinese airlines and asked questions such as "when will the plane be grounded or when to return to Canada", "whether there are flights to Canada", and "whether it provides Chinese services" - which can only prove that she completely gave up her plan at the time.

Reason 5

Certified vaccine

Grandma Zhang: She was unable to accept the vaccine approved by the Canadian government in China, which prevented her from returning to Canada.

Judge: Grandma Zhang and her family have never contacted the Canadian government for inquiries or seeking help on this issue.

Reason 6

Reality dependence

Grandma Zhang: Her daughter, son and four grandchildren are all in Canada... She joins the local church and often attends church activities and volunteers.

Judge: Grandma Zhang has neither job nor assets in Canada. Judging from the fact that Grandma Zhang has been away from Canada for so long, her daughter's family or church is not highly dependent on Mrs. Zhang.

It is reported that two of Mrs. Zhang's four grandchildren are already adults, while the young are in their teens. They both have successful careers and are not affected by Mrs. Zhang's long absence.

There is a related detail that the old lady can't even answer her grandson's academic status, or even her age...

Grandma Zhang argued that "in Chinese culture, the age and academic status of grandsons are not important"... The judge "does not pay attention to this statement."

Reason 7

Relationships of relatives

Grandma Zhang: She needs to obtain a return permit and continue her permanent resident status so that she can stay in touch with her daughter’s family.

Judge: Although they are far apart, Grandma Zhang and her daughter's family have been able to communicate smoothly for many years... This is not restricted by "permanent resident status". The status quo can be fully maintained. If you want to visit in person, you can apply for a Canadian tourist visa or super visa, which is not difficult.

Reason 8

Life safety

Grandma Zhang: If she leaves her daughter and stays in China... it will be difficult to get a life safety.

Judge: As it turns out, Grandma Zhang lived in China for a long time before settling in Canada. Now, she lives in Chinese real estate left behind by her daughter’s immigration. She has the care of her son and lives a very happy life.

In short, Immigration Appeal Judge Ferrari rejected Mrs. Zhang's appeal.

Ferrari noted that Grandma Zhang clashed with each other in answering related questions and lacked coherence, which reduced the judge's attention to the initial "lower credibility and lack of persuasion".

Grandma Zhang failed to fulfill her burden of proof, proving that her lost permanent resident status would directly affect the best interests of her children and grandchildren. Furthermore, there is a lack of adequate humanitarian sympathy to support her special relief.

It can be seen from this that whether Canada is renewing its PR card or applying for a PRTD, humanitarian sympathy is indeed not impossible to achieve without fulfilling its residence obligations. Everyone should comply with Canadian PR's residence obligations and be insured!