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Appealing failure to meet residency obligation

Muns59

Star Member
Apr 9, 2016
71
11
Hi all I am new to this forum and this is my first post .
I have submitted my appeal and was accepted since November 2014 . I am currently awaiting for my case to be called . I have returned to Toronto since January 2015 and am waiting patiently for the outcome process of my appeal .
I am aware that I can apply for a one year pr card while waiting on the outcome . Can someone advise on the process of doing this ? Is it the normal pr card renewal form I am using and attaching my notice of appeal ? Also does applying for this card weaken my appeal case as it may show I have intentions of leaving the country ? I don't have intentions of leaving anytime in the near future but would like it in case of emergency travels .
Also if I apply for this card and then am successful at my appeal , can I apply for the 5 year card before the one year card expires ?
Please feel free to add any information you think is relevant. Thank you
 

Leon

VIP Member
Jun 13, 2008
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As far as I know, use a normal application form, attach your paperwork and maybe write them a cover letter. I don't think it would hurt your appeal if you apply for a PR card because you may need it for many things aside from travelling. Some employers ask for it for example.

You may apply to renew your PR card 9 months before it expires so if you win the appeal, you can apply for a new card 9 months before the 1 year card expires.
 

Muns59

Star Member
Apr 9, 2016
71
11
Hi leon. Sorry for disturbing but I have one other question. Because it is a special pr card do i have to wait till I meet the residency obligation of 730 days? Because I am appealing failure to meet ro so I obviously did not meet the time frame. I also know that they said time spent in Canada during the appeal does not count towards the ro unless I am successful at the appeal. So do you know how this works in terms of applying? Atm I am at 673 days but that is obviously including the time I have been back here waiting for the appeal to be called.
Thank you so much
 

Leon

VIP Member
Jun 13, 2008
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Muns59 said:
Hi leon. Sorry for disturbing but I have one other question. Because it is a special pr card do i have to wait till I meet the residency obligation of 730 days? Because I am appealing failure to meet ro so I obviously did not meet the time frame. I also know that they said time spent in Canada during the appeal does not count towards the ro unless I am successful at the appeal. So do you know how this works in terms of applying? Atm I am at 673 days but that is obviously including the time I have been back here waiting for the appeal to be called.
Thank you so much
When you are under an appeal, you can apply for a PR card without meeting the RO but it is only valid for a year.
 

Muns59

Star Member
Apr 9, 2016
71
11
Hi just wanted to give an update in case anybody in the same situation wanted to apply. Thanks again for your advice Leon. I was a little hesitant to apply until you re assured me.
I used the normal pr application renewal form and attached everything as usually required. I did not insert a cover letter however I attached a copy of the letter acknowledging my notice of appeal was registered. Also on the renewal form there is a question asking if you have been ever been served with failure to meet residency obligation.
My time line is as follows :
Received my application : June 15th
Acknowledged receipt : July 29th
Statred Processing : July 29 th
Received a letter in mail dated Sept 23 Rd requiring me to come in person to collect pr card on Oct 6 th
Collected pr card in person with one year validity till august 30th.

Guess it was completed a few weeks before they decided to mail me.

This November will be two years since I have filed my appeal and I am still waiting anxiously for it. I hope it is called soon and I win.
I know it is recommended not to travel while waiting for appeal but I wish I could go on a small holiday. I don't even care to go to my home country but just somewhere else so it would seem as I am not trapped. But hopefully it will all be over soon and end in a good way.

Anybody waiting on their appeal filed in Toronto for about 2 years?