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Need Advice on PR Renewal in Canada Amidst Family Crisis and Legal Battles

leanwormnav

Newbie
Jan 9, 2024
1
0
Hello Community!

I'm a PR since 2019, currently working as a CTO and partner of an American tech services agency on a fully remote basis. I currently live in Pakistan with my wife and mother, no kids. I have 2 brothers, both living in Pakistan, and both have their own families as well.

I'm facing a challenging situation regarding the renewal of my Canadian Permanent Residency (PR) and am seeking advice or insights from anyone who might have experienced something similar. Due to a series of deeply distressing events, I've been unable to meet the residency obligations for my PR, which expires in July 2024.

Here's a condensed version of my situation and the timeline:

1. I got my PR in 2019, and I did my soft landing in June the same year. Stayed there for a week, and came back. I was to get married Jan the following year, after which I intended on moving to Canada.

2. After getting married in Jan 2020, COVID hit, travel got disrupted, and I had to delay my plans. All was well though, since I did believe I would be able to make a move in a few months.
Tragedy struck here though; firstly, our family home where myself, my parents, my first brother and his family used to live, got declared as an "encroachment", "illegally built on public park land", and should be "demolished instantly". We had purchased the house from the previous owners 20 years ago via 100% legal means, the house had a lease, and all legal NOCs and everything. The whole case is deeply distressing and reeks of injustice, but in a nutshell, the courts in Pakistan considered them to be illegal and ordered immediate demolition, thereby only punishing the people who had bought the house, not the housing society, or any of the official bodies who approved it. The ruling also asked to claim compensation in courts (which could take an eternity), and basically didn't give a dime about where we would go the next day and who would be responsible for our loss.

3. Amidst that turmoil, my father passed away in June due to COVID. Naturally, my mother's mental went into steep decline, especially considering we were already stressed about the whole house situation. It took a few months to slightly get better, and in that time covid lockdowns were at their peak so the house demolition order kind of got lost in the background, which was a relief. Taking that as a sign of normalcy, I decided to move to Canada.

4. Moved in October 2020. Got bank accounts made, driver's license, etc. Filed for my wife's spouse PR. Two months down the line, the whole house demolition thing started again, and it got really intense. My mother was already grieving due to my father's passing, my brothers had their own families to take care of as well, and see how unprecendeted the whole house situation was, the entire family needed all the help in the world.

5. At this point, I decided to travel back to Pakistan, withdrawing my wife's PR (since one can't travel away from Canada when a spouse PR has been applied). The next 4-5 months were a blur; us filing for stay orders, the court accepting, then rejecting, then more letters and notices of demolition. All until June 2021 when they actually came in and demolished our homes, leaving us on our own to figure out a way to live somewhere else.

6. The struggle of having nowhere to live and finding a instant temporary abode aside, the main factor here is that my mother's mental health literally crashed. My father and then the house. I couldn't leave her, so I decided to pause on my Canada plans. Yes my brothers were in Pakistan, but once again, they had their own families (first one has 5 kids and second one has 3). First brother barely had any space in his house, and the second one himself was a victim of the demolition as he used to live with us.

7. A couple of years later, while my mother is doing comparatively better, I'm 5 months from the expiry of my PR card and have only 2 months of visits on the record. I understand that if I do somehow manage to enter Canada right now, I'd have to stay there without travelling abroad for the next 2 years to renew my card. Considering my mother's health, I don't think I'd be able to do that. I think I can move now, thought I don't think I would be able to manage without frequent visits (which I can manage due to the remote nature of my work). I have an idea of what kind of effect a continuous 2 years absence could have on my mother, and I don't want to do that.

I'm reaching out for advice on how best to approach my PR renewal application under these extraordinary circumstances. Are there precedents for such cases? How should I present my case to the immigration authorities? Insights from those with knowledge of immigration law or similar experiences would be immensely helpful.

Thank you for taking the time to read and respond to my situation. Your guidance could be a beacon of hope for me and my family during this challenging time.
 

scylla

VIP Member
Jun 8, 2010
93,515
20,844
Toronto
Category........
Visa Office......
Buffalo
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App. Filed.......
28-05-2010
AOR Received.
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28-06-2010
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01-10-2010
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05-10-2010
Hello Community!

I'm a PR since 2019, currently working as a CTO and partner of an American tech services agency on a fully remote basis. I currently live in Pakistan with my wife and mother, no kids. I have 2 brothers, both living in Pakistan, and both have their own families as well.

I'm facing a challenging situation regarding the renewal of my Canadian Permanent Residency (PR) and am seeking advice or insights from anyone who might have experienced something similar. Due to a series of deeply distressing events, I've been unable to meet the residency obligations for my PR, which expires in July 2024.

Here's a condensed version of my situation and the timeline:

1. I got my PR in 2019, and I did my soft landing in June the same year. Stayed there for a week, and came back. I was to get married Jan the following year, after which I intended on moving to Canada.

2. After getting married in Jan 2020, COVID hit, travel got disrupted, and I had to delay my plans. All was well though, since I did believe I would be able to make a move in a few months.
Tragedy struck here though; firstly, our family home where myself, my parents, my first brother and his family used to live, got declared as an "encroachment", "illegally built on public park land", and should be "demolished instantly". We had purchased the house from the previous owners 20 years ago via 100% legal means, the house had a lease, and all legal NOCs and everything. The whole case is deeply distressing and reeks of injustice, but in a nutshell, the courts in Pakistan considered them to be illegal and ordered immediate demolition, thereby only punishing the people who had bought the house, not the housing society, or any of the official bodies who approved it. The ruling also asked to claim compensation in courts (which could take an eternity), and basically didn't give a dime about where we would go the next day and who would be responsible for our loss.

3. Amidst that turmoil, my father passed away in June due to COVID. Naturally, my mother's mental went into steep decline, especially considering we were already stressed about the whole house situation. It took a few months to slightly get better, and in that time covid lockdowns were at their peak so the house demolition order kind of got lost in the background, which was a relief. Taking that as a sign of normalcy, I decided to move to Canada.

4. Moved in October 2020. Got bank accounts made, driver's license, etc. Filed for my wife's spouse PR. Two months down the line, the whole house demolition thing started again, and it got really intense. My mother was already grieving due to my father's passing, my brothers had their own families to take care of as well, and see how unprecendeted the whole house situation was, the entire family needed all the help in the world.

5. At this point, I decided to travel back to Pakistan, withdrawing my wife's PR (since one can't travel away from Canada when a spouse PR has been applied). The next 4-5 months were a blur; us filing for stay orders, the court accepting, then rejecting, then more letters and notices of demolition. All until June 2021 when they actually came in and demolished our homes, leaving us on our own to figure out a way to live somewhere else.

6. The struggle of having nowhere to live and finding a instant temporary abode aside, the main factor here is that my mother's mental health literally crashed. My father and then the house. I couldn't leave her, so I decided to pause on my Canada plans. Yes my brothers were in Pakistan, but once again, they had their own families (first one has 5 kids and second one has 3). First brother barely had any space in his house, and the second one himself was a victim of the demolition as he used to live with us.

7. A couple of years later, while my mother is doing comparatively better, I'm 5 months from the expiry of my PR card and have only 2 months of visits on the record. I understand that if I do somehow manage to enter Canada right now, I'd have to stay there without travelling abroad for the next 2 years to renew my card. Considering my mother's health, I don't think I'd be able to do that. I think I can move now, thought I don't think I would be able to manage without frequent visits (which I can manage due to the remote nature of my work). I have an idea of what kind of effect a continuous 2 years absence could have on my mother, and I don't want to do that.

I'm reaching out for advice on how best to approach my PR renewal application under these extraordinary circumstances. Are there precedents for such cases? How should I present my case to the immigration authorities? Insights from those with knowledge of immigration law or similar experiences would be immensely helpful.

Thank you for taking the time to read and respond to my situation. Your guidance could be a beacon of hope for me and my family during this challenging time.
You need to be physically in Canada to apply to renew your PR card. If you are applying under H&C, then you really want to remain in Canada while that application is processed or the chances of approval will be significantly reduced. If you're not ready to do that, then it likely makes sense to hold off applying to renew until you are really ready to make the permanent move.
 

steaky

VIP Member
Nov 11, 2008
14,359
1,644
Job Offer........
Pre-Assessed..
Hello Community!

I'm a PR since 2019, currently working as a CTO and partner of an American tech services agency on a fully remote basis. I currently live in Pakistan with my wife and mother, no kids. I have 2 brothers, both living in Pakistan, and both have their own families as well.

I'm facing a challenging situation regarding the renewal of my Canadian Permanent Residency (PR) and am seeking advice or insights from anyone who might have experienced something similar. Due to a series of deeply distressing events, I've been unable to meet the residency obligations for my PR, which expires in July 2024.

Here's a condensed version of my situation and the timeline:

1. I got my PR in 2019, and I did my soft landing in June the same year. Stayed there for a week, and came back. I was to get married Jan the following year, after which I intended on moving to Canada.

2. After getting married in Jan 2020, COVID hit, travel got disrupted, and I had to delay my plans. All was well though, since I did believe I would be able to make a move in a few months.
Tragedy struck here though; firstly, our family home where myself, my parents, my first brother and his family used to live, got declared as an "encroachment", "illegally built on public park land", and should be "demolished instantly". We had purchased the house from the previous owners 20 years ago via 100% legal means, the house had a lease, and all legal NOCs and everything. The whole case is deeply distressing and reeks of injustice, but in a nutshell, the courts in Pakistan considered them to be illegal and ordered immediate demolition, thereby only punishing the people who had bought the house, not the housing society, or any of the official bodies who approved it. The ruling also asked to claim compensation in courts (which could take an eternity), and basically didn't give a dime about where we would go the next day and who would be responsible for our loss.

3. Amidst that turmoil, my father passed away in June due to COVID. Naturally, my mother's mental went into steep decline, especially considering we were already stressed about the whole house situation. It took a few months to slightly get better, and in that time covid lockdowns were at their peak so the house demolition order kind of got lost in the background, which was a relief. Taking that as a sign of normalcy, I decided to move to Canada.

4. Moved in October 2020. Got bank accounts made, driver's license, etc. Filed for my wife's spouse PR. Two months down the line, the whole house demolition thing started again, and it got really intense. My mother was already grieving due to my father's passing, my brothers had their own families to take care of as well, and see how unprecendeted the whole house situation was, the entire family needed all the help in the world.

5. At this point, I decided to travel back to Pakistan, withdrawing my wife's PR (since one can't travel away from Canada when a spouse PR has been applied). The next 4-5 months were a blur; us filing for stay orders, the court accepting, then rejecting, then more letters and notices of demolition. All until June 2021 when they actually came in and demolished our homes, leaving us on our own to figure out a way to live somewhere else.

6. The struggle of having nowhere to live and finding a instant temporary abode aside, the main factor here is that my mother's mental health literally crashed. My father and then the house. I couldn't leave her, so I decided to pause on my Canada plans. Yes my brothers were in Pakistan, but once again, they had their own families (first one has 5 kids and second one has 3). First brother barely had any space in his house, and the second one himself was a victim of the demolition as he used to live with us.

7. A couple of years later, while my mother is doing comparatively better, I'm 5 months from the expiry of my PR card and have only 2 months of visits on the record. I understand that if I do somehow manage to enter Canada right now, I'd have to stay there without travelling abroad for the next 2 years to renew my card. Considering my mother's health, I don't think I'd be able to do that. I think I can move now, thought I don't think I would be able to manage without frequent visits (which I can manage due to the remote nature of my work). I have an idea of what kind of effect a continuous 2 years absence could have on my mother, and I don't want to do that.

I'm reaching out for advice on how best to approach my PR renewal application under these extraordinary circumstances. Are there precedents for such cases? How should I present my case to the immigration authorities? Insights from those with knowledge of immigration law or similar experiences would be immensely helpful.

Thank you for taking the time to read and respond to my situation. Your guidance could be a beacon of hope for me and my family during this challenging time.
PR have to know that they would have to leave behind parents (non PR or Canadian citizens) and other issues for some time in their own countries. I seconded to the above comments. In addition, you too have your own family - you have a wife. Why not just let your older brothers to find a temporary home (and paid caregiver) for your mother to live and care the demolition issue in PK?
 

armoured

VIP Member
Feb 1, 2015
15,839
8,045
...withdrawing my wife's PR
...

...Considering my mother's health, I don't think I'd be able to do that. I think I can move now, thought I don't think I would be able to manage without frequent visits (which I can manage due to the remote nature of my work). I have an idea of what kind of effect a continuous 2 years absence could have on my mother, and I don't want to do that.
You have not mentioned, but you would also have great difficulty or delays in sponsoring your spouse - having to either wait until back in compliance or adding to your risks of being declared inadmissible due to non-compliance with the residency obligation.

Now it's possible you may find a way to apply and qualify for H&C later; it's also possible that the idea of becoming and remaining a Canadian PR is incompatible with your other life priorities at present. Or that it may make more sense to apply anew once all of these other issues are settled.
 
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dpenabill

VIP Member
Apr 2, 2010
6,314
3,071
I'm a PR since 2019 . . . I currently live in Pakistan . . .

I'm facing a challenging situation regarding the renewal of my Canadian Permanent Residency (PR) and am seeking advice or insights from anyone who might have experienced something similar. Due to a series of deeply distressing events, I've been unable to meet the residency obligations for my PR, which expires in July 2024.

I'm reaching out for advice on how best to approach my PR renewal application under these extraordinary circumstances. Are there precedents for such cases? How should I present my case to the immigration authorities? Insights from those with knowledge of immigration law or similar experiences would be immensely helpful.
I fully concur in the observations by @scylla and @armoured, but apart from recognizing that in general you are indeed in a difficult spot, if keeping your status as a Canadian (as a Permanent Resident) is important to you, some aspects of this warrant additional clarification with emphasis.

Someone in your situation deserves to know the realities of their situation.

The main things to understand are:

-- if you can, obtaining the assistance of a qualified Canadian LAWYER (not consultant) might help, and would definitely be better than anything I can offer, probably better than any information or advice you can get in a forum like this . . . but yes, this would be expensive and given your location the logistics pose some difficulty​
-- PR status does NOT expire; PR status does NOT need to be renewed, and indeed CANNOT be renewed​
-- you are in breach of the PR Residency Obligation, and in breach by a lot, meeting the definition of "inadmissible;" thus, if your PR status is questioned (such as during a Port-of-Entry examination, or attendant an application for a new PR card, or an application for a PR Travel Document), there are grounds to make a decision terminating your PR status; so to keep your PR status you will likely need to seek and obtain H&C relief that, in effect, waives the RO breach​
-- applying for a PR card (applying to "renew" the PR card) relying on H&C relief for the breach of the RO, an application which can only be made while YOU are IN Canada, is NOT likely to save your PR status UNLESS you settle and stay (at least mostly stay) in Canada​
-- there is no guarantee that applying for a PR card relying on H&C relief will be successful; you describe your H&C case, the personal reasons why you have not been able to return to Canada sooner, which of course invite sympathy and compassion, but it is very, very difficult to even roughly estimate the odds as to whether or not IRCC (or the IAD in an appeal) will waive the breach of the RO and allow you to keep PR status; that said . . .​
-- -- one big factor is known, how big the breach of the RO is; the longer it goes, the less chance there is PR status can be saved​


Return to Canada; PR card application et al:

There is no guarantee you will even be able to apply for a new PR card; to make such an application you must be IN Canada, and meanwhile there is a very significant probability you will be subject to inadmissibility proceedings when you arrive at the Port-of-Entry (PoE). If you elect to try this, by coming to Canada while you still have a valid PR card, you can make your H&C case at the PoE, and indeed you should be prepared to do this (this is probably your best chance to save your PR status).

There are different ways this can go when you arrive at the PoE:
-- you might actually just be waived through the PoE after presenting your valid PR card; this is the situation in which you would have an opportunity to then JUST STAY here for two years, which would cure the breach​
-- -- this might not be practical for you . . . but it is worth noting, however, this is perhaps your BEST chance of saving PR status, getting lucky at the PoE, being waived through, then staying . . . but I fully understand why this would be extremely difficult, and in the meantime your spouse would have to remain in Pakistan (as alluded to in comments by @armoured, a spousal sponsored PR application while in RO breach would risk triggering inadmissibility proceedings; waiting two years to make this is the safest approach, but you could see a lawyer and making the application sooner, after a year say, might be a worthwhile risk)​
-- the PoE examination might result in a 44(1) Inadmissibility Report but upon review (while still there in the PoE) another officer may conclude you should be allowed to keep your PR status based on the H&C reasons you present; this adjudication of your H&C case would actually then make it OK to soon apply for a new PR card (once you have actually settled into a long-term residence) and apply to sponsor your spouse, given the H&C decision at the PoE . . .​
-- -- if things go this way, it might be OK to travel outside Canada for short trips, BUT until you are actually in RO compliance any lengthy absences would renew the risk of inadmissibility proceedings​
-- the PoE examination might result in you being issued a Removal Order (given the length of your RO breach, this is a real risk), and to then try to save your PR status you would need to appeal and win the appeal, and there would be little point doing this UNLESS (again) you STAY here​



Further observations given PR status does not expire:

A PR card is more like a passport than a drivers' license. Just like a person's citizenship does not expire when their passport expires, neither does a person's status as a Canadian (Canadian PR) expire when their PR card expires.

If you do nothing to trigger a Residency Determination (no applications to enter Canada or for a PR card or a PR TD), you will continue to be a PR indefinitely. Potentially many, many years. But, as a PR in breach of the RO, you will meet the definition of inadmissibility and the longer it goes before there is a Residency Determination, the more difficult it will be to successfully make the case you should be afforded H&C relief and allowed to keep PR status.

As the observations by both @scylla and @armoured intimate, you can and probably should wait to pursue making the H&C case UNTIL YOU ARE READY to come here and settle and STAY. No matter how long you wait, you keep PR status until then. The downside is the longer you wait, the more difficult it will be to successfully make the H&C case when the time comes.

The Bad News, Sorry: Your best odds, by quite a lot, depend on coming to Canada while you still have a valid PR card, and STAYING. Once your PR card expires you will most likely be depending on an application for a PR Travel Document and the odds of a favourable H&C decision would then go down dramatically. If it would be possible to travel via the U.S., that could improve the odds some, at least in terms of enabling you to get to Canada without needing to apply for a PR TD, and then staying here, to have better odds in an appeal. But you deserve to know that once your current PR card expires, if you remain outside Canada, sorry, the prospects for saving your PR status are not at all good. You might not be able to save your status now even if you can get here soon, and get here to stay, but that is your best chance.

Caveat: I am NOT an expert. I focus on sharing information NOT offering personal advice, recognizing it is not always easy to separate these. I have no comparable personal experience, since I never personally renewed my PR card (I had a citizenship application pending at the time my first PR card expired and given the availability of easy travel via the U.S., no expected need for a PR card) and there is no such thing as renewing PR status. Better to get a paid-for, in-depth consultation with a good Canadian immigration lawyer.
 

canuck78

VIP Member
Jun 18, 2017
53,212
12,842
Many have pointed out a lot of the main issues. If you do file an H&C application there are certain things that will certainly weaken your case the first being the fact that you have 2 other brothers and their families in Pakistan. If you were an only child or had no family in Pakistan your case for H&C would likely be much stronger. Even if your brothers are busy with their own families they would be able to help support your mother and would have been able to support your father when he was still alive if you had to be abroad. It is hard to justify that you had to be in Pakistan the whole time given your brothers and then your wife’s ability to provide support if your were in Canada attempting to try and keep you PR status and trying to sponsor your spouse. When it comes to your family’s housing issue one brother lived in the home with your parents and his family so he could have easily provided support to your parents and then your mother while they waited for the outcome of the case and dealt with the aftermath. Where is your mother living now and where will she live if you and your spouse are able to move to Canada? The lawyers were the ones who were fighting the case in court and your brothers and your wife were in Pakistan so your presence wasn’t required throughout the whole period. It does sound like you continued working throughout so you weren’t needed to provide 24/7 care for the entire period.

2. The other big issue is that you are not employed by a Canadian employer. Not being to return to live in Canada or return your PR will not impact your employment. You have been able to work remotely from Canada very briefly and then Pakistan so your ties Canada and need to be in Canada are not as evident as many others who enter Canada who are either reported for not meeting their RO and appeal or apply for PRTD based on H&C. Being able to show that you are employed by a Canadian employer and leaving could have an economic impact on the employer tends to help cases although doesn’t guarantee approval. The fact that there would be minimal impact on your life if you weren’t able to retain PR given your spouse and extended family live outside of Canada and you are employed outside of Canada makes it more difficult to claim that your life will be negatively impacted if you couldn’t retain your PR status.

How old are you? Have you calculated your CRS score?