if your residency obligations not met and you applied for PR card Renewal

[baby12]

Hi everyone
I am in big trouble, My family and i came to Canada in year 2012. but we went back to our home country due to some family circumstances. After 6 months we again came back to Canada but due to some unavoidable circumstances we again went back. After 3 and half year we again came back in Canada and we applied for PR card renewal ( our total stay in Canada only 1 year). now as we applied for renewal but we did not meet the residency obligation , IRCC sent us questionnaire and ask for the explanation for our circumstances and our ties with Canada. Can you suggest me at his point of time when my case is in processing with IRCC Can i withdraw my application because i cannot get supporting documents / evidences which can show my circumstances, why we were absent from Canada. And also suggest me that if i withdraw my application at this point can they close my case ? or it will give negative impect on my case ?Or They will process my case according the information that is earlier sent by me?
Thanx

 

[Buletruck]

You can try to withdraw your application(s), but that is entirely up to IRCC if they want to or not. Given your application seems to be under residency review, the chances of withdrawal are probably pretty slim. If you can't provide supporting documents for your absence, expect IRCC to continue the application with the information provided. There is a significant risk they will find you in violation of the RO and revoke your PR status.

 

[Cassiano]

Hi everyone
I am in big trouble, My family and i came to Canada in year 2012. but we went back to our home country due to some family circumstances. After 6 months we again came back to Canada but due to some unavoidable circumstances we again went back. After 3 and half year we again came back in Canada and we applied for PR card renewal ( our total stay in Canada only 1 year). now as we applied for renewal but we did not meet the residency obligation , IRCC sent us questionnaire and ask for the explanation for our circumstances and our ties with Canada. Can you suggest me at his point of time when my case is in processing with IRCC Can i withdraw my application because i cannot get supporting documents / evidences which can show my circumstances, why we were absent from Canada. And also suggest me that if i withdraw my application at this point can they close my case ? or it will give negative impect on my case ?Or They will process my case according the information that is earlier sent by me?
Thanx

You should not have applied for PR card renewal (you should have wait at least 2 years to do it)
You are in evaluation, so you should send supporting documents or you will lose your PR Status

 

[Rob_TO]

Hi everyone
I am in big trouble, My family and i came to Canada in year 2012. but we went back to our home country due to some family circumstances. After 6 months we again came back to Canada but due to some unavoidable circumstances we again went back. After 3 and half year we again came back in Canada and we applied for PR card renewal ( our total stay in Canada only 1 year). now as we applied for renewal but we did not meet the residency obligation , IRCC sent us questionnaire and ask for the explanation for our circumstances and our ties with Canada. Can you suggest me at his point of time when my case is in processing with IRCC Can i withdraw my application because i cannot get supporting documents / evidences which can show my circumstances, why we were absent from Canada. And also suggest me that if i withdraw my application at this point can they close my case ? or it will give negative impect on my case ?Or They will process my case according the information that is earlier sent by me?
Thanx

You can try to withdraw the renewal app, but as they already sent you a residency questionnaire and are aware of your RO violation, it sounds like the damage has been done. In the absence of any real H&C reasons (like serious medical issues) that required your family to stay in your home country all this time, I would expect all your PR statuses will be revoked.

 

[bricksonly]

You can try to withdraw the renewal app, but as they already sent you a residency questionnaire and are aware of your RO violation, it sounds like the damage has been done. In the absence of any real H&C reasons (like serious medical issues) that required your family to stay in your home country all this time, I would expect all your PR statuses will be revoked.

Someone says when we enter Canada with PR card, CBSA will check back 5 years for RO. But in this case, this family entered Canada with a continuous 3.5 year absence which is a noticeable fail to meet RO, why they are not stopped or get a report at port? Does the machine automaticly check PR card back to five years to verify RO requirement?

 

[Cassiano]

Someone says when we enter Canada with PR card, CBSA will check back 5 years for RO. But in this case, this family entered Canada with a continuous 3.5 year absence which is a noticeable fail to meet RO, why they are not stopped or get a report at port? Does the machine automaticly check PR card back to five years to verify RO requirement?

CBSA reports to CIC,
the error was asking for the PR Card to continuing travelling with the privilege as Canadian PR

 

[bricksonly]

CBSA reports to CIC,
the error was asking for the PR Card to continuing travelling with the privilege as Canadian PR

Machine read card and calculate? Report but without informing the card holder? How about card holder has been accompanying Canadian spouse or work for Canadian company? They still automatically report without verifying the special situation of living aboard equal to living in Canada for RO?

 

[Cassiano]

Machine read card and calculate? Report but without informing the card holder? How about card holder has been accompanying Canadian spouse or work for Canadian company? They still automatically report without verifying the special situation of living aboard equal to living in Canada for RO?

yes, the machine does not verify any special situation
By other hand, PR means live in Canada, now-a-day many people gets the Canada's PR just for medical propose or travelling's privileges

 

[bricksonly]

yes

Many mention 44(1) filed as the result of violate RO at the board or airport, and many mention you could be lucky not to get reported (no 44(1)). So any machine reading or automatic calculate seems not right.

 

[Rob_TO]

Someone says when we enter Canada with PR card, CBSA will check back 5 years for RO. But in this case, this family entered Canada with a continuous 3.5 year absence which is a noticeable fail to meet RO, why they are not stopped or get a report at port? Does the machine automaticly check PR card back to five years to verify RO requirement?

The machine does not automatically report RO violation. A CBSA officer must personally notice the violation, and decide to proceed to report it. In some cases they may just issue a warning. It's entirely at discretion of CBSA officer so many people get lucky.

 

[bricksonly]

The machine does not automatically report RO violation. A CBSA officer must personally notice the violation, and decide to proceed to report it. In some cases they may just issue a warning. It's entirely at discretion of CBSA officer so many people get lucky.

So you mean the machine does automatically calculate RO and will give CBSA officer a notice, but could be dismissed by the officer? How about if someone is accompanying citizen spouse aboard thus for the machine, his/her stay physically in Canada does not meet?

 

[Cassiano]

Many mention 44(1) filed as the result of violate RO at the board or airport, and many mention you could be lucky not to get reported (no 44(1)). So any machine reading or automatic calculate seems not right.

I have been living in Canada for more than 3 years, so I've always met the RO.

 

[baby12]

i applied for pr card renewal application withdrawal.. immigration people approve my withdrawal... what should be my next step? kindly guide me
thnx

 

[Buletruck]

Wait until you are well within RO before you apply again (like 800+ days). Unless you plan to travel, there is no need for a PR card.

 

[canuck78]

Just because you withdrew your application doesn't mean this is over. IRCC has already noticed and asked you to clarify where you have been living. They won't stop asking because you withdrew your application. You are still in violoation of your RO. You needed to come in and avoid any contact with IRCC until you had met the RO. Now that they know you haven't met the RO it isn't that simple.