PR Travel Document to attend PR Renewal Interview_Residency Obligation not met

[Twilight871]

Deal all,
I need your suggestion. I and my wife became Canadian PR in 2010; stayed there for less than year and then returned to USA to complete my PhD. Meanwhile, my PR card expired in Oct 2016. In early 2017, I applied for a renewal. My application is still under processing. Last month I received a letter requesting to attend an interview at the London office on August 17th. I had only a week in hand, which proved to be too short to arrange everything and travel to Canada. My understanding is that I have to get a PR travel document to enter Canada as my PR card already expired. I sent an e-mail to the London office requesting to reschedule my interview. I have not heard back from them yet, although it's been more than a month.

My question is,
1) How long does it take for the local immigration office in Canada to reschedule a visa interview? I sent them a web enquiry with no response.

2) Can I travel to Canada by land with expired PR card and not meeting PR Residency Obligation?

3) Can I apply for PRTD to the Canadian Consulate in USA and successfully get it given that I have not met PR Residency obligation but expecting to get a new interview date from the London office?

Any suggestions will be highly appreciated. Thank you.

 

[Twilight871]

Deal all,
I need your suggestion. I and my wife became Canadian PR in 2010; stayed there for less than year and then returned to USA to complete my PhD. Meanwhile, my PR card expired in Oct 2016. In early 2017, I applied for a renewal. My application is still under processing. Last month I received a letter requesting to attend an interview at the London office on August 17th. I had only a week in hand, which proved to be too short to arrange everything and travel to Canada. My understanding is that I have to get a PR travel document to enter Canada as my PR card already expired. I sent an e-mail to the London office requesting to reschedule my interview. I have not heard back from them yet, although it's been more than a month.

My question is,
1) How long does it take for the local immigration office in Canada to reschedule a visa interview? I sent them a web enquiry with no response.

2) Can I travel to Canada by land with expired PR card and not meeting PR Residency Obligation?

3) Can I apply for PRTD to the Canadian Consulate in USA and successfully get it given that I have not met PR Residency obligation but expecting to get a new interview date from the London office?

Any suggestions will be highly appreciated. Thank you.

 

[Twilight871]

Did anyone face a similar situation? Would like to know your experience. Thanks so much!

 

[scylla]

Deal all,
I need your suggestion. I and my wife became Canadian PR in 2010; stayed there for less than year and then returned to USA to complete my PhD. Meanwhile, my PR card expired in Oct 2016. In early 2017, I applied for a renewal. My application is still under processing. Last month I received a letter requesting to attend an interview at the London office on August 17th. I had only a week in hand, which proved to be too short to arrange everything and travel to Canada. My understanding is that I have to get a PR travel document to enter Canada as my PR card already expired. I sent an e-mail to the London office requesting to reschedule my interview. I have not heard back from them yet, although it's been more than a month.

My question is,
1) How long does it take for the local immigration office in Canada to reschedule a visa interview? I sent them a web enquiry with no response.

2) Can I travel to Canada by land with expired PR card and not meeting PR Residency Obligation?

3) Can I apply for PRTD to the Canadian Consulate in USA and successfully get it given that I have not met PR Residency obligation but expecting to get a new interview date from the London office?

Any suggestions will be highly appreciated. Thank you.

1) Anywhere from a few weeks to a few months. They probably won't give you much notice again so be prepared to travel without advanced warning.
2) Yes - if you travel via private vehicle.
3) Only if you've been in Canada within the last year.

Not sure on what basis you've applied to renew your PR status since you don't meet RO. Studying outside of Canada is not accepted as a reason for failing to meet the residency requirement.

 

[Twilight871]

1) Anywhere from a few weeks to a few months. They probably won't give you much notice again so be prepared to travel without advanced warning.
2) Yes - if you travel via private vehicle.
3) Only if you've been in Canada within the last year.

Not sure on what basis you've applied to renew your PR status since you don't meet RO. Studying outside of Canada is not accepted as a reason for failing to meet the residency requirement.

Thank you for your feedback. I was not sure either that they will consider my application. Yet, decided to take a chance. Surprised to see that they called for an interview rather than just rejecting outright. Is it a good indication or just the usual rejection procedure?

 

[scylla]

Thank you for your feedback. I was not sure either that they will consider my application. Yet, decided to take a chance. Surprised to see that they called for an interview rather than just rejecting outright. Is it a good indication or just the usual rejection procedure?

Hard to say without knowing what you put in your application and if you stated any H&C reasons for failing to meet the residency obligation. You are actually supposed to be in Canada to renew your PR card and can't renew from outside of Canada. So possible that's what they were checking. Maybe they won't reschedule your interview but will simply move to a refusal since you didn't attend. Hard to say. However unless you have additional reasons that meet H&C requirements for having remained outside of Canada, I don't see you have any hope of keeping PR and wouldn't waste your time and energy trying to do so.

 

[salahuddin2]

Hard to say without knowing what you put in your application and if you stated any H&C reasons for failing to meet the residency obligation. You are actually supposed to be in Canada to renew your PR card and can't renew from outside of Canada. So possible that's what they were checking. Maybe they won't reschedule your interview but will simply move to a refusal since you didn't attend. Hard to say. However unless you have additional reasons that meet H&C requirements for having remained outside of Canada, I don't see you have any hope of keeping PR and wouldn't waste your time and energy trying to do so.

Hi @scylla .. Can you update if your PR renewal was successful and what questions did they ask ?

 

[scylla]

Hi @scylla .. Can you update if your PR renewal was successful and what questions did they ask ?

I wasn't in this situation.

 

[salahuddin2]

i got the PR card renewed for 1 year but also reported as inadmissible under section 44(1) due to no complying to RO obligations.

as per my lawyer.. i should stay here for 1 year ... and then repply for PR .. and chances are that i will get 5 years PR after that... she told me once i get the 5 year pR card again then the report to minister is meaningless and gets waived off.... is that right ?
- Can some one guide.. what are the issues when you have 1 year PR but also reported as inadmissible ?
- can i still avail health benefits ?
- will i face issues from employers in searching the jobs

 

[armoured]

i got the PR card renewed for 1 year but also reported as inadmissible under section 44(1) due to no complying to RO obligations.

as per my lawyer.. i should stay here for 1 year ... and then repply for PR .. and chances are that i will get 5 years PR after that... she told me once i get the 5 year pR card again then the report to minister is meaningless and gets waived off.... is that right ?
- Can some one guide.. what are the issues when you have 1 year PR but also reported as inadmissible ?
- can i still avail health benefits ?
- will i face issues from employers in searching the jobs

Has your lawyer confirmed that the section 44(1) / inadmissibility judgement is no longer valid? Do you need to appeal?

I don't think having the card changes the issue of you having been adjudged to be inadmissible.

But not an expert.

 

[scylla]

i got the PR card renewed for 1 year but also reported as inadmissible under section 44(1) due to no complying to RO obligations.

as per my lawyer.. i should stay here for 1 year ... and then repply for PR .. and chances are that i will get 5 years PR after that... she told me once i get the 5 year pR card again then the report to minister is meaningless and gets waived off.... is that right ?
- Can some one guide.. what are the issues when you have 1 year PR but also reported as inadmissible ?
- can i still avail health benefits ?
- will i face issues from employers in searching the jobs

What your lawyer said doesn't make any sense to me. If a report has been issued against you, then you have to go through that process and try to win the argument for keeping your PR status despite not meeting RO.

You shouldn't face any issues finding a job or getting health care benefits.

 

[salahuddin2]

What your lawyer said doesn't make any sense to me. If a report has been issued against you, then you have to go through that process and try to win the argument for keeping your PR status despite not meeting RO.

You shouldn't face any issues finding a job or getting health care benefits.

So what are my next steps . Do i wait for the minister deicision ? I am still outside Canada , and based on my 1 year PR card , i am planning to move to Canada considering that i will be able to overcome the inadmissibility by showing them that i have started living in Canada. Please advise.

 

[scylla]

So what are my next steps . Do i wait for the minister deicision ? I am still outside Canada , and based on my 1 year PR card , i am planning to move to Canada considering that i will be able to overcome the inadmissibility by showing them that i have started living in Canada. Please advise.

I don't know. I don't feel comfortable advising you. Because of what your lawyer has recommended, I feel we may not have the full picture and all of the details. My suggestion at this point is that you have another lawyer review your case and the full details.

I would also recommend you return to Canada as soon as possible and then remain there. Don't spend additional time outside of Canada.

 

[Jazz@123]

Did anyone face a similar situation? Would like to know your experience. Thanks so much!

Hello ,
Can anyone help me asap,
Actually i came to Canada in 2020 and i need study visa extension for that i have to show my previous refused cases but i come to know my agent write canada refused in my application, she did not mention one time study visa , one time visitor visa and as well as refused study visa from new zealand what should i do now?
Please help me the agent from whom i am applying for extension she is saying i have to show those refusals now otherwise you will have problems during PR . But i am afraid they will deport me due to hiding the information and banned me for 5 years but i am not in the situation of going back to india please help me.