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If PR card expires....Can I re-apply?

PUJA

Full Member
Apr 19, 2012
49
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Leon said:
1) In case you need to re-apply, I think you need to see what they have a problem with. If there is a certain time period that they doubt you were in Canada, it would not be wise to apply again using that period.

2) As long as they don't revoke your PR status, you are still PR and can continue living in Canada.

Hi Leon,

I am thinking of withdrawing my application and applying again.The reason being I can add extra 5 months to my days in Canada.
But my question is :
1.)If I withdraw my application,will it have a negative effect on my new application?
2.)What reason can I give for withdrawal?
3.)What is the procedure to withdraw my application?
Please reply urgently.
 

PUJA

Full Member
Apr 19, 2012
49
0
Hi Leon,

I am thinking of withdrawing my application and applying again.The reason being I can add extra 5 months to my days in Canada.
But my question is :
1.)If I withdraw my application,will it have a negative effect on my new application?
2.)What reason can I give for withdrawal?
3.)What is the procedure to withdraw my application?
4.) Also to note here is my husbands PR card expired in Feburary 2015
If you could Please reply urgently answering all my questions separately.This would be a great help.
Thanks,
 

scylla

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Jun 8, 2010
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PUJA said:
Hi Leon,

I am thinking of withdrawing my application and applying again.The reason being I can add extra 5 months to my days in Canada.
But my question is :
1.)If I withdraw my application,will it have a negative effect on my new application?
2.)What reason can I give for withdrawal?
3.)What is the procedure to withdraw my application?
4.) Also to note here is my husbands PR card expired in Feburary 2015
If you could Please reply urgently answering all my questions separately.This would be a great help.
Thanks,
I doubt CIC is going to let you withdraw if your application has already gone to secondary review.
 

Leon

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Jun 13, 2008
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PUJA said:
Hi Leon,

I am thinking of withdrawing my application and applying again.The reason being I can add extra 5 months to my days in Canada.
But my question is :
1.)If I withdraw my application,will it have a negative effect on my new application?
2.)What reason can I give for withdrawal?
3.)What is the procedure to withdraw my application?
4.) Also to note here is my husbands PR card expired in Feburary 2015
If you could Please reply urgently answering all my questions separately.This would be a great help.
Thanks,
1) There has been talk of how late in the process you can withdraw your application and I have seen posts from people who withdrew very late in the process, even during secondary review whose withdrawals were accepted. If they accept your withdrawal, they can no longer investigate the 5 year period you applied with but if you apply again, they will have to consider the 5 year period immediately preceding the new application date.
2) You can give any reason you want. You can state personal reasons for example.
3) Write a letter to where you sent your application and state that you want to withdraw it.
4) Irrelevant. You can apply to renew your PR card before it expires, after it expires or not at all. PR status does not expire with the card. It is perfectly legal to live in Canada with an expired card.
 

PUJA

Full Member
Apr 19, 2012
49
0
Thanks Leon for the reply.
Do you have any idea on do they accept the withdrawal immediately or does it take time.
If yes,how much?
 

Leon

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Jun 13, 2008
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PUJA said:
Thanks Leon for the reply.
Do you have any idea on do they accept the withdrawal immediately or does it take time.
If yes,how much?
I don't know. First you have to apply to withdraw, then you wait and find out.
 

peerobeer

Newbie
Oct 15, 2016
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Re: Spousal Case and PR expiry

I have a sponsorship appeal case in IAD in November,fully prepared but the problem is that my PR card has expired and on the day of hearing I will be still short of 25 days to complete 730 within last 5 years.
Can I still attend and execute the hearing or will I be violating any law and find myself in trouble because CBSA ,Ministers counsel and IAD will be at hearing?
If I am not violating any law , can CBSA entangled me in a situation that u can't sponsor as u have not met the residency criteria and issue me a removal order or in some confusion by CBSA.

What should I do ?? Huh

Please expert advice required
 

Leon

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Jun 13, 2008
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Re: Spousal Case and PR expiry

peerobeer said:
I have a sponsorship appeal case in IAD in November,fully prepared but the problem is that my PR card has expired and on the day of hearing I will be still short of 25 days to complete 730 within last 5 years.
Can I still attend and execute the hearing or will I be violating any law and find myself in trouble because CBSA ,Ministers counsel and IAD will be at hearing?
If I am not violating any law , can CBSA entangled me in a situation that u can't sponsor as u have not met the residency criteria and issue me a removal order or in some confusion by CBSA.

What should I do ?? Huh

Please expert advice required
They can examine your PR status when you apply to renew a PR card, when you enter Canada or when you apply for something else from immigration such as try to sponsor someone. There have been cases where people who don't meet the RO have applied to sponsor someone and have been called in for interviews regarding their PR status so it is possible.
 

dpenabill

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Apr 2, 2010
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Re: Spousal Case and PR expiry

peerobeer said:
I have a sponsorship appeal case in IAD in November,fully prepared but the problem is that my PR card has expired and on the day of hearing I will be still short of 25 days to complete 730 within last 5 years.
Can I still attend and execute the hearing or will I be violating any law and find myself in trouble because CBSA ,Ministers counsel and IAD will be at hearing?
If I am not violating any law , can CBSA entangled me in a situation that u can't sponsor as u have not met the residency criteria and issue me a removal order or in some confusion by CBSA.

What should I do ?? Huh

Please expert advice required
I am no expert.

Even though there are a lot of informative observations and helpful comments here, generally posts should not be considered to be expert advice.

In any event I can offer this: see a lawyer. Not a consultant, a licensed immigration lawyer. At the least for a consultation.

You are not violating any law. But you are in breach of the PR Residency Obligation. And yes, indeed, as Leon observed, you could be reported for being in breach of the PR RO any time you have any interaction with CBSA or IRCC. And that could lead to the loss of your PR status.

Whether or not that is likely to happen is difficult to predict. It depends. I suggested consulting with a lawyer, but even a lawyer is not going to know for sure if your compliance with the PR RO is an issue that will be addressed. But at least a lawyer will be able to better assess the situation, offer some better advice about what is at stake and about what your options are, including how you should prepare. The problem, however, is that you are at risk for losing PR status (due to inadmissibility on the grounds of failing to comply with the PR RO). So, however high or low the risk is that IRCC will take action to terminate your PR status, what is at stake is your PR status.

And of course, your eligibility to sponsor a family class PR visa applicant is also at stake, since inadmissibility will make you ineligible to sponsor.