cancelling PR residendy obligation not met

[daman]

Hi !

I wanted to ask how to cancel his PR status when residency obligation are not met!

Its been three and a half year since I am living outside Canada . So how do I cancel my PR status , Should I apply for a travel document to get my residency obligation determination done , but I do have a PR card which will expire after an year . What should I do ?

I want to cancel because my parents are in Canada and I am 22 and a full time student , so they might be able to sponser me .

Anyone had a similar experience ?

Thanks !

 

[mariah]

u still have an yr ....go to canada before it expires and then stay 730 days and apply for renewal....this would be better than parents sponsoring u

 

[Leon]

Ask the Canadian embassy where you are if you can relinquish your PR status now. If they say no, you could conveniently "lose" your PR card which would require you to apply for a PR travel document if you want to travel to Canada. Applying for a travel document while you don't meet the residency requirements should lose you your PR in which case, your parents could apply to sponsor you again.

 

[daman]

Ask the Canadian embassy where you are if you can relinquish your PR status now. If they say no, you could conveniently "lose" your PR card which would require you to apply for a PR travel document if you want to travel to Canada. Applying for a travel document while you don't meet the residency requirements should lose you your PR in which case, your parents could apply to sponsor you again.

Thanks ! but can I reply for a travel document if my Pr card is still valid as it is for another year .
or my pr card is not valid as I do not meet the residency obligation now .
In any case can I apply for it ?
Thanks

 

[Leon]

I don't think you properly read my answer. I said:

1) Ask the embassy if you can relinquish your PR

1a) if they say yes: relinquish your PR through the embassy

1b) if they say no: oops, your PR card just got lost (I am sure you can arrange for that to happen) and you really want to go visit your family right now (or you feel that you do at the moment) so you apply for a travel document and voila, they will refuse and you have now lost your PR

2) whether 1a or 1b happened, you have no PR any more and your parents can sponsor you

Should work in theory anyway.

 

[daman]

Thanks Leon !

But how do they know if you have a valid PR card or not ?
can't I simply say I never had a PR card, as actually too , I came back two weeks after landing and my parents brought my pr card back to India for me .

And if my application gets rejected , will they automaticaly , start an application for a visitor visa as they say everywhere on their website coz I don't need it ?

Thanks !

 

[Leon]

They have a record of your PR card being mailed to you. If it had never arrived, you should have notified them when it did not arrive. That is how they would assume you have a valid PR card (unless you tell them that you have lost it or something else happened to it).

You will need to ask the embassy what they will or will not automatically do. I do not know.

 

[PMM]

Hi

They have a record of your PR card being mailed to you. If it had never arrived, you should have notified them when it did not arrive. That is how they would assume you have a valid PR card (unless you tell them that you have lost it or something else happened to it).

You will need to ask the embassy what they will or will not automatically do. I do not know.

If the OP wants to give up his PR status, he goes to the CIC/CHC and completes an IMM 5539B Voluntary Relinquishment of PR Status. See: http://www.cic.gc.ca/english/resources/manuals/enf/enf23-eng.pdf Section 7.10. Then s/he would have to apply for a TRV which is a separate action and there is no guarantee that it would be issued

 

[daman]

Thanks PMM ! but is studying outside Canada is considered as an exceptional circumstance ?

and thanks Leon , I just recieved a mail from Canadian embassy . It says -

" You may proceed to Canada with your valid Indian passport and Permanent Resident Card. However, be advised that when you arrive at the Canadian Port of Entry, you will have to undergo a residency determination.

Upon arrival in Canada, an officer will determine if you meet the residency obligation required to maintain your status as a permanent resident. If you meet the residency obligation, you will be allowed to enter Canada. If, however, the officer determines that you have lost your permanent resident status, the officer may issue a report and refer it to the Minister's delegate for review. If the Minister’s delegate finds the report to be well-founded and insufficient humanitarian grounds exist, the Minister’s delegate shall issue a removal order against you. You would have the right to appeal a negative residency determination made at the port of entry to the Immigration Appeal Division (IAD). As such, you would be allowed to enter Canada only in order to lodge an appeal.

Since you are outside Canada and wish to return to Canada, but are not certain you have met the residency obligation, you may choose to apply for a Travel Document (Permanent Resident Abroad) before attempting to enter Canada. A permanent resident determination will be completed as part of the process. In this way you will know in advance whether you met the residency obligation, and thereby avoid having a removal order issued against you if the determination is negative."

"Upon receipt of an application for a Travel Document, a visa officer will determine if you meet the Canadian residency obligations required to maintain your status as a permanent resident. If you meet the obligations, you will be issued a Travel Document that will allow you to re-enter Canada from abroad.

Note that if a determination is made that you have lost your permanent resident status, you must submit a new immigration application if you wish to resume permanent residence in Canada at some time in the future. Your new application will be evaluated in accordance with the legislation in force at the time of submission. "

 

[PMM]

Hi

Thanks PMM ! but is studying outside Canada is considered as an exceptional circumstance ?

and thanks Leon , I just recieved a mail from Canadian embassy . It says -

" You may proceed to Canada with your valid Indian passport and Permanent Resident Card. However, be advised that when you arrive at the Canadian Port of Entry, you will have to undergo a residency determination.

Upon arrival in Canada, an officer will determine if you meet the residency obligation required to maintain your status as a permanent resident. If you meet the residency obligation, you will be allowed to enter Canada. If, however, the officer determines that you have lost your permanent resident status, the officer may issue a report and refer it to the Minister's delegate for review. If the Minister's delegate finds the report to be well-founded and insufficient humanitarian grounds exist, the Minister's delegate shall issue a removal order against you. You would have the right to appeal a negative residency determination made at the port of entry to the Immigration Appeal Division (IAD). As such, you would be allowed to enter Canada only in order to lodge an appeal.

Since you are outside Canada and wish to return to Canada, but are not certain you have met the residency obligation, you may choose to apply for a Travel Document (Permanent Resident Abroad) before attempting to enter Canada. A permanent resident determination will be completed as part of the process. In this way you will know in advance whether you met the residency obligation, and thereby avoid having a removal order issued against you if the determination is negative."

"Upon receipt of an application for a Travel Document, a visa officer will determine if you meet the Canadian residency obligations required to maintain your status as a permanent resident. If you meet the obligations, you will be issued a Travel Document that will allow you to re-enter Canada from abroad.

Note that if a determination is made that you have lost your permanent resident status, you must submit a new immigration application if you wish to resume permanent residence in Canada at some time in the future. Your new application will be evaluated in accordance with the legislation in force at the time of submission. "

Hi not usually. If you go to CanLII http://www.canlii.org/en/ca/irb/index.html and search on residency and study you will get how the IAD has ruled on loss of residency and study abroad. It isn't hopeful.

 

[daman]

Hi !
PMM , actually what I meant to say was that is studying outside Canada considered as an exceptional circumstance to relinquish your permanent residency status , as it says in the document (in its Section 7.10.) you referred ,
that it is possible to relinquish it under exceptional circumstance when you do meet the residency obligations . ( although I don't meet mine )