Mr.Leon we have pr card renewal interview and desperately need your advice

[responsible]

Dear Leon,

I landed in Aug 2005 but moved permanently in Aug 2009. In Dec 2009 I applied for PR card renewal because my card expired in Aug 2010. In the application I clearly indicated that I was out of the country for 4 years out of 5. My wife worked for the company that is registered in Canada but doesn’t have ongoing operations in Canada (So it does not fall under definition of Canadian business as defined by immigration law. We learned it when we permanently moved to Canada in 2009.)

In Nov 2010 we received an invitation for an interview which will be held in early January 2011. (Our PR cards expired in Aug 2010) I think that because this Canadian company doesn’t fully comply with the definition, the immigration will tell us that we breached the residency requirements of two years presence in Canada.
By the time we go to immigration interview, we will be here for 1 year and 4 months. We have three kids, two elder ones go to primary school.

1) Maybe we should fail to report to the interview, wait and accumulate 730 days in Canada and then reapply for cards renewal? What will happen if we follow this scenario? Will IO disregard our Dec 2009 application for card renewal when we reapply having waited 730 days and have failed to report to the interview?

2) Do we need a lawyer for our case?

Thank you, Leon

 

[Alabaman]

Maybe we should fail to report to the interview, wait and accumulate 730 days in Canada and then reapply for cards renewal? What will happen if we follow this scenario? Will IO disregard our Dec 2009 application for card renewal when we reapply having waited 730 days and have failed to report to the interview?

I don't think you can keep counting days towards residency obligation once a questionnaire is issued. You should have waited to have 730 days before renewing your card.

Do we need a lawyer for our case?

Yes, get a lawyer immediately.

 

[Leon]

1) You have already brought yourself under investigation by applying for a PR card without enough days. Not showing up at the interview will probably guarantee that they will revoke your PR and issue a removal order. If you wanted to wait 730 days, you should have done it BEFORE you applied to renew your cards.

2) Yes, get a lawyer.

 

[responsible]

Leon, Alabaman
thank you for your prompt response could you recommend affordable good lawyer in Toronto?

 

[responsible]

Dear Leon, Alabaman

one more question: In our interview invitation letter they wrote "if you fail report to the interview, your application for a PR card will be abandoned, and you will be required to re-apply" Is it a standard form and as you said the attention was attracted to the case and not reporting to the interview would lead to order removal or "abandoned" means we start from clean list and re-apply when meet 730 days.
thanks

 

[scylla]

Hi responsible,

No - it means that you will no longer have PR status. If you want to get PR status back, then you will have to apply for PR again from scratch (e.g. apply from scratch as a skilled worker submitting all forms, police certificates, medical, etc. all over again).

 

[responsible]

Re: Mr.Leon we had the interview regarding PRC renewal. Need your advice

Dear Mr.Leon,
we applied for PRC renewal in Dec 2009. By the time of the cic interview (last week), we had been living in Canada since August 2009, but landed in 2005 (came for 2 weeks.) In order to meet residency obligations we claimed the rest of the days toward my wife's employment by the branch of Canadian company back at our home country. The officer told us that we need to provide pay stubs as a proof of employment OR WE CAN WITHDRAW AN APPLICATION AND RE-APPLY WHEN WE ACCUMULATE 730 days in August 2011. We agreed that we get other forms of proof within 2 months.
What happened next puzzled us and here we ask for advice: later we received a call from the officer. He said: ”Because she started working for the company before landing in Canada and then after staying only two weeks at the time of landing she returned and kept on working for the same company the days she worked there could not be counted for our residency requirement.
So the officer basically told us: “I do not need your wife’s proof of employment for the Canadian company because after landing in Canada she kept working for the same company”
Advice:
1) Can we withdraw the application after the interview and re-apply in august 2011 as the officer told us during the interview. Why did he even advise that?

2)We do not understand the meaning of the call: is it an oral rejection of PRC renewal? What is the basis? We have never heard of the reasoning the officer used.

3) What will happen in case of rejection? Will we loose our PR status?

 

[Leon]

Like I told you 6 weeks ago, get a lawyer. The one who owns this forum is said to be decent. You can find him at http://www.canadavisa.com/

I have heard from someone who applied for PR card renewal with too few days who withdrew his application and it was accepted and he can now wait until he meets the residency requirements and then apply again. However, his case was not so far along as him being asked for an interview yet.

You can check the manuals at http://www.cic.gc.ca/english/resources/manuals/enf/index.asp especially ENF23 and ENF5 and see if you find something there.

 

[shree1]

PR renewal application - question for MR Leon

Dear Mr. Leon

I have following question:

I applied for renewal of PR card in Aug 2011 and today I got response from them that they will consider the 5 years from the date of application (and also stated that I have to send them photo copies of all pages of passports) for that I am short by 15 days (for residency obligation).

when I applied for renewal of my PR.... I have considered all days when I have landed in May 2006 till the date of application (as I was student and I was finishing my Bachelor's of Pharmacy degree in India .... I landed to Canada stayed couple months gone back to complete my studies and came back to Canada in Aug 2009).

Now I am in Canada and I have accumulated more than 2 and half years of stay in Canada.

Please let me know should I withdraw my initial application and reapply again or keep my present application which they received on Aug 2011 and send them the photocopies of my passport?

I need your valuable advise.

Thanks you.

|Regards-Gaurav

 

[shree1]

Re: PR renewal application - question for MR Leon

Dear Mr. Leon

I have following question:

I applied for renewal of PR card in Aug 2011 and today I got response from them that they will consider the 5 years from the date of application (and also stated that I have to send them photo copies of all pages of passports) for that I am short by 15 days (for residency obligation).

when I applied for renewal of my PR.... I have considered all days when I have landed in May 2006 till the date of application (as I was student and I was finishing my Bachelor's of Pharmacy degree in India .... I landed to Canada stayed couple months gone back to complete my studies and came back to Canada in Aug 2009).

Now I am in Canada and I have accumulated more than 2 and half years of stay in Canada.

Please let me know should I withdraw my initial application and reapply again or keep my present application which they received on Aug 2011 and send them the photocopies of my passport?

I need your valuable advise.

Thanks you.

|Regards-Gaurav