Re-applying for PR after losing it because of unmet obligations
- Thread starter nadeem82
- Start date
Dec 2014. The dates on the PR Card are irrelevant to the compliance with the Residency Obligation. If the child is not a Canadian citizen or a permanent resident, you will need to obtain a visa. You cannot sponsor a child if you are not currently resident in Canada.
On what specific date did you land in Canada as PR, and what specific date did you leave Canada after that?
Assuming you landed/left Canada all in Dec 2014, then most likely you are already in violation of your Residency Obligation. Once you've spent 3 straight years outside Canada you are no longer meeting the RO.
If you indeed are in violation of the RO, you now face many difficulties.
When you try to re-enter Canada, you could be reported for RO violation by CBSA, and process started to revoke your PR status.
Even if you can make it back to Canada without being reported, you can't sponsor your child since you are in violation of RO. You would need to wait inside Canada 2 years without leaving, and only then can apply to sponsor your child.
Thanks for your detailed response. Is there anyway I can reapply for PR or get some exception?
Sure, if you don't want to separate from your family you can voluntarily renounce your PR status then try to qualify for PR and apply again with a new app from scratch.
The only exceptions to the residency obligation are if there were serious H&C (Humanitarian and Compassionate) reasons that you weren't able to live in Canada as a PR. Typically this is reserved for serious medical issues of a family member that can be backed up with doctors/hospital receipts and notes.
If you don't have this and only reason you stayed outside Canada was for employment or other personal reasons, you would probably have no chance for any exceptions and if your RO violation was discovered it would result in termination of your PR status.
Hi Rob,
I have few more questions.
1. Can I go for Humanitarian and Compassionate appeal without I am getting reported / PR gets revoked?.
2. If PR gets revoked due to RO, will it impact my application when I reapply?
3. If I take a chance to enter Canada without getting reported, can I bring my kid in TRV and extend it when I stay in Canada?
My brother became a PR 5 years back but didn't stayed in Canada. His wife and 3 kids are here living and studying. My brother now comes via USA -Canada boarder. In his latest attempt, he told the Visa Officer the truth that he is not living here because he supports his family financially from Dubai. The officer was very kind and told him to go and stay as long as you wish to. But after few days he is going back again. He called a guy who is a lawyer who wanted to apply for his PR renewal by taking a chance, which my brother is not willing to do because he don't want to lie or so. Now somebody has told him that you better surrender the PR and don't renew. Later his spouse in Canada can sponsor him? He is confused and really don't know what to do. Can you please let me know what is the best solution to his problem.
I did nothing, actually. I guess I will have to surrender the PR and all if I ever plan to go back to Canada.
Hi sir I was in Canada more than 730 days (852) but2015 I left Canada before issue PR card 2016 than I had applyed PRTD but they refuse my application & says that you apiel to IAD about H&C but I didn't now tell me what can I do ? what about my status ? Where I can apply again ? Reply soon please
Depending on when you left in 2015 you could be not meeting your RO which will be a problem your other issues. When did you apply for prtd?
Sir I had applyed for renewal of PR card date 12 /08/12 my mother was past away 12/08/14 but I didn't came back to India because of that I have to complete (730days) in October 24/2014 so I was their , till 2015/02/18 than I left Canada same date because my wife has proble in knee she can walk properly another my daughter was study in 10 th so I have to drop off school everyday and to take care of my family ,,,,, my family also PR in Canada they were depend on me they were in Canada less than 2 years but now we are planing to move in Canada for further study of my daughter / son ,,,,,,I don't know what can I do? Where I can apply to go to Canada please guide me & reply soon please thanks sir