Retaining Dad's PR status, and getting PR for wife

We've been thinking about the fact that if we sell the RV, then between that and the money we have in the bank we may have enough to just move directly to Canada. However, my father hasn't met the residency requirements to retain his Permanent Residency status (you have to have been present in Canada for at least 2 of the last 5 years). So the only way for my father to make the move with us would be if he applies to the visa office for a Travel Document to re-enter Canada, they decide to retain his PR status despite not meeting the residency requirements, based on Humanitarian & Compassionate (H&C) grounds, and send him a Travel Document. Otherwise, we'd have to make a new application for PR status just as if he'd never been to Canada.

Under the Family Class, processing time for new PR applications differs for each type of family member. Spouses, common-law partners, and conjugal partners get priority (read CIC's website for details). Applications for parents take a lot longer.... looks like at least 2 years and could well be a good deal longer.

He is living with us now to be close to me (I'm his only child) and reduce cost of living. Our arguments for H&C considerations would be along the lines that (1) he stayed abroad because his only child and his only grandchild were here, (2) we are both leaving the area for areas in/near Ontario so of course he no longer feels the need to stay in the U.S., (3) if denied we would either have to cancel plans to immigrate or he would have to move out and pay separate rent somewhere for 2+ years while waiting for a new PR application to process, (4) as a result, we would suffer unnecessary and disproportionate emotional and financial hardships if he was to lose his PR status.

I have no idea how that will go and while other things within the immigration process seem pretty clear-cut, H&C is gray area and there are few guidelines as to what information or documentation you can/should provide to help your case. Guess all we can do is give it our best shot.

Another thing worth noting is that unlike most other immigration-related applications, there are no processing times posted on the Canadian websites for Travel Documents, never mind for a case like this where H&C factors would be involved. It took some digging to even find out how long these documents are good for. It looks like it's up to the officer reviewing the case, but that they are almost always less than 6 months and usually between 1-3 months. So if he does get it he's got to haul bootie over there or else probably lose his PR status for good.

Regarding my better half, a quick basic explanation of spouse, common-law partner and conjugal partner is in order. A spouse is defined as being someone whom you have legally married in your current country, where the marriage would also be legal under Canadian law. A common-law partner is someone whom you have committed to and lived with for at least 1 year. A conjugal partner is someone whom you have committed to, but don't live with due to immigration residency restrictions or legitimate fear of getting attacked or harshly persecuted (i.e. your partner lives in a different country, or a same-sex couple in, say, Iran).

Under these restrictions, even though in spirit and commitment she is my wife of many years, and regardless of whether we got legally married in Canada or not, we still can't file as spouses because of the fact that our same-sex marriage wouldn't be legal here in the U.S. Therefore, we have to use the common-law partner category. By the way, it's important to note that none of these categories have restrictions on whether you are a same-sex or opposite-sex couple.

There are two ways to apply for PR for your spouse/partner. One is from "outside Canada," and one is from "inside Canada," when your spouse/partner has already come to live with you in Canada. There is a different set of forms and requirements for each of these methods.

It is with these things in mind that I will begin formulating To-Do lists and such to help organize my thoughts and hopefully provide a rough guideline to others who are (thinking of) doing something similar.