Lost PR card and PRTD denied

[makenlowwet]

Hello everyone, need a bit of help here please.

My father renewed his PR card in 2015 (expired in 2020) but had lost his wallet last month when he was traveling to another country. So what he did was applied for a PRTD at a local visa office for him to get back here so he can apply for a new one. The documentations we provided are slightly different from the ones we used because some records are deleted after his new PR card was granted. So yesterday he received a email saying his PRTD application was denied because he didn't meet the Residency Obligation and thus having his PR status revoked.

So does anyone know if we should appeal or not? If not, how should he re-apply for a PR card. Thanks

 

[scylla]

Did he meet the residency obligation at the time he applied for the PRTD?

 

[makenlowwet]

Did he meet the residency obligation at the time he applied for the PRTD?

If it's from 2011 to 2016, then I don't think so. He met the RO from 2010 to 2015 and then lived oversea for another year

 

[Rob_TO]

If it's from 2011 to 2016, then I don't think so. He met the RO from 2010 to 2015 and then lived oversea for another year

2010 to 2015 is no longer relevant. The only important dates are the 5 years immediately preceding the app for PRTD.

He can appeal the decision but if he didn't meet the RO and doesn't have a good H&C reasons for not meeting it (like a serious medical issue of family member), the most likely result is his PR status will be end up being revoked.

 

[makenlowwet]

2010 to 2015 is no longer relevant. The only important dates are the 5 years immediately preceding the app for PRTD.

He can appeal the decision but if he didn't meet the RO and doesn't have a good H&C reasons for not meeting it (like a serious medical issue of family member), the most likely result is his PR status will be end up being revoked.

Well, he had his PR card renewed last year, wouldn't that be a reason for appeal? If his PR status got revoked, is he eligible for re-applying his PR card once he meet the RO (I think he is short of 2 months or so). They did issued him a one-time Visa.

 

[Rob_TO]

Well, he had his PR card renewed last year, wouldn't that be a reason for appeal? If his PR status got revoked, is he eligible for re-applying his PR card once he meet the RO (I think he is short of 2 months or so). They did issued him a one-time Visa.

When his PR card was last renewed is irrelevant. As mentioned, only the 5 years immediately preceding the app for PR TD matters. What was the reason he didn't meet the RO?

If his PR status is revoked then he is no longer a PR and as such renewing a PR card is no longer possible. He will need to qualify for and apply for PR from scratch either independently or with you or a sibling sponsoring him through the parents family class stream.

 

[makenlowwet]

When his PR card was last renewed is irrelevant. As mentioned, only the 5 years immediately preceding the app for PR TD matters. What was the reason he didn't meet the RO?

If his PR status is revoked then he is no longer a PR and as such renewing a PR card is no longer possible. He will need to qualify for and apply for PR from scratch either independently or with you or a sibling sponsoring him through the parents family class stream.

He didn't meet his RO because he thought he still have 4 years to complete the RO due to the new card expire in 2020. We thought they would keep some sort of record that gives you a replacement for the lost one. If he is going to apply for PR from scratch, he is going to redo the immigration process allover again?

 

[Rob_TO]

He didn't meet his RO because he thought he still have 4 years to complete the RO due to the new card expire in 2020. We thought they would keep some sort of record that gives you a replacement for the lost one. If he is going to apply for PR from scratch, he is going to redo the immigration process allover again?

Based on that reason, there is practically zero chance for an appeal to be successful.

Unfortunately he should prepare for the likely scenario that his PR status will be revoked, and he'll have to redo the whole immigration process from scratch again. If he has a spouse that can sponsor him, that would be the easiest way.

 

[makenlowwet]

Based on that reason, there is practically zero chance for an appeal to be successful.

Unfortunately he should prepare for the likely scenario that his PR status will be revoked, and he'll have to redo the whole immigration process from scratch again. If he has a spouse that can sponsor him, that would be the easiest way.

Alright, thanks for the information, Ill go check out the spouse sponsorship process

 

[Rob_TO]

Alright, thanks for the information, Ill go check out the spouse sponsorship process

What i mean by this is if he has a spouse who is a Canadian citizen or PR that meets the RO, she can sponsor him for PR relatively easily.

 

[Leon]

Right, it seems that what happened to your father is a misunderstanding of the RO. Once you have been a PR for 5 years or longer, it's a rolling 5 year period where you must meet the RO which is the past 5 years at any time. It is not enough to meet it once to renew your card and then think you don't have to worry about it until the next renewal. However, immigration will not give him any leeway just because he misunderstood the rules.

You would have to ask your father about the details of what they told him and what was denied and what he was granted but it seems to me that his PR TD was denied based on not meeting the RO which means they will revoke his PR status if he has no mitigating circumstances but they gave him a visa to attend his appeal hearing basically based on that he had been in Canada at least one day in the past 365 days. As his PR is under investigation now, it is not enough to wait another 2 months and then apply again. Most likely he will lose his PR status but if he has a spouse in Canada who is either a citizen or a PR who meets the RO, she can sponsor him.

For others in the same situation, when you fill out the form for PR renewal or a PR TD and it is clear that you don't meet the RO, then you should not apply unless you have some bulletproof H&C grounds. If you or your father had come to this forum a bit earlier, we would have advised him to try to arrange a US visa and enter without a PR TD from the US. He would have been asked about his lost PR card but having been in Canada recently and having an almost new PR card, it's unlikely he would have been reported. In that case, his PR would not have been under investigation and he could have stayed for another couple of months to meet the RO again and then applied to renew.

 

[BlueSun]

Right, it seems that what happened to your father is a misunderstanding of the RO. Once you have been a PR for 5 years or longer, it's a rolling 5 year period where you must meet the RO which is the past 5 years at any time. It is not enough to meet it once to renew your card and then think you don't have to worry about it until the next renewal. However, immigration will not give him any leeway just because he misunderstood the rules.

You would have to ask your father about the details of what they told him and what was denied and what he was granted but it seems to me that his PR TD was denied based on not meeting the RO which means they will revoke his PR status if he has no mitigating circumstances but they gave him a visa to attend his appeal hearing basically based on that he had been in Canada at least one day in the past 365 days. As his PR is under investigation now, it is not enough to wait another 2 months and then apply again. Most likely he will lose his PR status but if he has a spouse in Canada who is either a citizen or a PR who meets the RO, she can sponsor him.

For others in the same situation, when you fill out the form for PR renewal or a PR TD and it is clear that you don't meet the RO, then you should not apply unless you have some bulletproof H&C grounds. If you or your father had come to this forum a bit earlier, we would have advised him to try to arrange a US visa and enter without a PR TD from the US. He would have been asked about his lost PR card but having been in Canada recently and having an almost new PR card, it's unlikely he would have been reported. In that case, his PR would not have been under investigation and he could have stayed for another couple of months to meet the RO again and then applied to renew.

Very good facts to read, thanks Leon

 

[makenlowwet]

Right, it seems that what happened to your father is a misunderstanding of the RO. Once you have been a PR for 5 years or longer, it's a rolling 5 year period where you must meet the RO which is the past 5 years at any time. It is not enough to meet it once to renew your card and then think you don't have to worry about it until the next renewal. However, immigration will not give him any leeway just because he misunderstood the rules.

You would have to ask your father about the details of what they told him and what was denied and what he was granted but it seems to me that his PR TD was denied based on not meeting the RO which means they will revoke his PR status if he has no mitigating circumstances but they gave him a visa to attend his appeal hearing basically based on that he had been in Canada at least one day in the past 365 days. As his PR is under investigation now, it is not enough to wait another 2 months and then apply again. Most likely he will lose his PR status but if he has a spouse in Canada who is either a citizen or a PR who meets the RO, she can sponsor him.

For others in the same situation, when you fill out the form for PR renewal or a PR TD and it is clear that you don't meet the RO, then you should not apply unless you have some bulletproof H&C grounds. If you or your father had come to this forum a bit earlier, we would have advised him to try to arrange a US visa and enter without a PR TD from the US. He would have been asked about his lost PR card but having been in Canada recently and having an almost new PR card, it's unlikely he would have been reported. In that case, his PR would not have been under investigation and he could have stayed for another couple of months to meet the RO again and then applied to renew.

Thanks for the info. Based on few of the deleted files we were able to recover, we found out that he actually met the RO for his PRTD application. However, we didn't supply those documentation by the time we applied. So do we have to hire a lawyer to go through the appeal process or can we just give the additional information to the office for a reconsideration.

 

[scylla]

Thanks for the info. Based on few of the deleted files we were able to recover, we found out that he actually met the RO for his PRTD application. However, we didn't supply those documentation by the time we applied. So do we have to hire a lawyer to go through the appeal process or can we just give the additional information to the office for a reconsideration.

You can ask for reconsideration but CIC doesn't have to reconsider. Keep in mind that you have limited time to appeal. So you can ask for reconsideration - but if you don't hear from CIC in time, make sure you file the appeal.

 

[McCalla]

Hi, I arrived in the country the 24th of July 2016 with my little sister, she has gotten her PR CARD along with a letter saying that she needs to take back two photos and mail them to the office. I faed a letter to office regarding my PR card and up to this day I haven't heard or get any letter regarding my card. I would like to go and visit my family in Jamaica so I need it