Hi, I was wondering what is the process a person has to go through if they cannot meet their PR obligation of staying at least 730 days in the last 5 years in Canada? The main reason for being unable is Covid-19 pandemic, not having been vaccinated with Canada approved vaccines, flight cancellations etc. When applying for PR renewal, what is the process for appealing? Do they need to hire a lawyer and go to court?
PR Obligation and Renewal Process
- Thread starter mmahmud
- Start date
IRCC hasn't announced any exceptions to the residency requirement due to COVID. Travel was possible for a long time without being vaccinated with a Canada approved vaccine so it will be challenging to use this as a reason. However you can certainly try. Yes, there is an appeal process if you are refused. You would be best off using a lawyer if you are refused since you don't meet the residency requirement.Hi, I was wondering what is the process a person has to go through if they cannot meet their PR obligation of staying at least 730 days in the last 5 years in Canada? The main reason for being unable is Covid-19 pandemic, not having been vaccinated with Canada approved vaccines, flight cancellations etc. When applying for PR renewal, what is the process for appealing? Do they need to hire a lawyer and go to court?
Thanks for the quick reply. Canada approved vaccine were not available everywhere. At that time Canada did not accept Sinopharm and traveling without being vaccinated always had the risk of getting Covid and the subsequent consequences including death. But my question is, if I miss the residency obligation due to these aforementioned reasons, do I have to apply first to IRCC with my reasons and proofs, and then get a lawyer if I am refused or does the process involves lawyers and going to court from the very beginning?IRCC hasn't announced any exceptions to the residency requirement due to COVID. Travel was possible for a long time without being vaccinated with a Canada approved vaccine so it will be challenging to use this as a reason. However you can certainly try. Yes, there is an appeal process if you are refused. You would be best off using a lawyer if you are refused since you don't meet the residency requirement.
You would apply for a PRTD or PR card renewal and request H&C consideration. You can do this without a lawyer.Thanks for the quick reply. Canada approved vaccine were not available everywhere. At that time Canada did not accept Sinopharm and traveling without being vaccinated always had the risk of getting Covid and the subsequent consequences including death. But my question is, if I miss the residency obligation due to these aforementioned reasons, do I have to apply first to IRCC with my reasons and proofs, and then get a lawyer if I am refused or does the process involves lawyers and going to court from the very beginning?
If you are refused and have to appeal, you can also technically do this without a lawyer. That's your choice.
Understood. Thanks for clarifying. Someone in an earlier post said that the officer in the border can also report an immigrant who is returning late and in that case that person will have to go to court, is that correct? I am trying to understand the legal process involved in these situations.You would apply for a PRTD or PR card renewal and request H&C consideration. You can do this without a lawyer.
If you are refused and have to appeal, you can also technically do this without a lawyer. That's your choice.
Yes, that's right. They can submit a report that triggers a hearing process where you have to argue why you should be allowed to keep your PR status despite not meeting RO. Your choice if you tackle this hearing on your own or with the help of a lawyer.Understood. Thanks for clarifying. Someone in an earlier post said that the officer in the border can also report an immigrant who is returning late and in that case that person will have to go to court, is that correct? I am trying to understand the legal process involved in these situations.
Got it. Can this happen when a person is returning on a date from which RO cannot be met? For example, if someone is returning after 3.5 years of getting their PR.Yes, that's right. They can submit a report that triggers a hearing process where you have to argue why you should be allowed to keep your PR status despite not meeting RO. Your choice if you tackle this hearing on your own or with the help of a lawyer.
Hi, I am in similar situation now where PR card is ending in August2023. All my family members (wife, and 2 kids) going to expire at same time and we are outside of canada and unable to travel due to pandamic and personal reasons.Hi, I was wondering what is the process a person has to go through if they cannot meet their PR obligation of staying at least 730 days in the last 5 years in Canada? The main reason for being unable is Covid-19 pandemic, not having been vaccinated with Canada approved vaccines, flight cancellations etc. When applying for PR renewal, what is the process for appealing? Do they need to hire a lawyer and go to court?
I am planning to do PR renewal on H&C grounds.
Can you please share the links and what documents need to be submitted?
Is it OK to submit while I am being in India?
Really - need a immigration lawyer for this? or Can I submit on my own?
Your response will help me.
Thanks in Advance.
Regards,
Raj.