Not meeting PR obligations

[drama1971]

Hi,

I need urgent advise about my PR renewal.

I and my husband became PR in June 2007. Stayed in Canada just 2 months. And went back home country. At that time
I was studying MA at university in my home country and did not want to break my education. When I was about to finish
my education I and my husband seperated and this caused me serious deppression. Because of that, I got psychotherapy sessions
for 1.5 year in my home country and am never comfortable for moving to Canada. Eventually I felt good and I came to Canada last month. But my PR card will expire in 15 days. I would like to renew it however I did not meet residency obligations because I stayed just 3 months in 5 years.

At that circumtances, I am wondering if it is possible to apply in a normal way and say my humanitarian reason (seperation) with the doctor statement. Is it considered by CIC?

I would be happy for any thought and any advise about the application?

 

[Leon]

There is no law that states that you must have a valid PR card if you stay inside Canada and there is even a clause in immigration rules stating that the only 5 year period that can be taken into consideration when you apply to renew is the last 5 years previous to your application.

Therefore, if you stay in Canada another 23 months without leaving, you will have a full 2 years and can apply to renew your PR card without any worries as you will meet the residency requirements again.

If you apply now, you will however have a more complicated application where they will decide if they feel your reasons were good enough that they will still allow you to keep your PR.

 

[drama1971]

Hi Leon,

Thank yu very much for the information. Do you know if I apply now with my reasons, how long does the process/duration take appr?
Since I will not be able to stay in Canada 2 years, I must apply now!

Looking forward to heaing from you ASAP

All the best

 

[janay]

Hi.
you can go through my posts in the forum to learn lesson. You will be in trouble if you apply before having 730 days in your pocket.
Immigration laws...harsh realities....
Janay

 

[Leon]

Thank yu very much for the information. Do you know if I apply now with my reasons, how long does the process/duration take appr?
Since I will not be able to stay in Canada 2 years, I must apply now!

Be advised that an application to renew your PR based on H&C reasons can take a long time, possibly a year, sometimes longer, maybe even two, that is if they even accept your reasons as being valid. That is why it is in most cases better just to wait your two years and then apply.

Even if they do allow you to get a new PR card and it takes less time than 2 years, it is risky to leave again because just because they accepted your reasons doesn't mean you don't still have to meet the residency requirements for the future.

 

[nmad]

Hi,

I was just wondering if you had any difficulty going through immigration when you entered Canada with less than 2 months until your PR card expired? Did they ask you alot of questions or did you pass through with no hassle. I would really appreciate a response to this drama 1971. Also did you come through an airport or a land border.

many thanks,
nmad

 

[drama1971]

Dear Nmad,

I came via airport. Having not meet residency obligation, I was a bit nervous when I passed through the passport/PR control. I gave my landing paper, I filled in the plane, and passport and Pr card to the officer. Officer asked me that from which country I came? If there is any gift/or food in my luggage? and why I changed my passport, which is new. I said that passport regulation has changed in my country, which is true, I must changed my passport. That is it. There was no any other rush question. Just I passed and enter to Canada.

By the way, I would like to ask that when I exit from Canada in 2007, there was no passport/PR control at the airport. I just checked in via flight company and exit the country. The question is that, how they know I was not in the Canada last 2 years or three or five years? Any thought is welcome?

bbest

 

[CanV]

They don't have to prove you were out of Canada for the past 2 years. The burden of proof lays on you to prove that you meet the residency requirements when you renew your PR.

 

[Leon]

And if you lie on your application and they find out about it, your troubles are really just beginning.

 

[drama1971]

Hi,

Of course, I am not planning to lie on during the application. Just, I am curious about the record system of them.

By the way, I need to decide neither stay in Canada for 2 years before applying or go back my home country and apply again for PR.
So, your suggestions are so useful to make decision. And one more question? My Pr card will expire on 14 June. If I exit from the country after that date, is it cause a problem during the re-apply period which I am considering after going my home country?

Thanks for all of you!

Best

 

[Leon]

If you want to apply for PR again, first make sure you still qualify. The immigration classes have changed a lot in the past few years. I suppose you may have come in as a skilled worker. If you want to try that again, you will need a job offer unless your occupation is one of a handful of most wanted occupations in Canada and even then there is a cap of 500 applications in each occupation per year and a cap on total applications per year. The caps reset every July 1st and they fill up fast. At this time, there are thousands of people getting their applications ready to send them in time to arrive on July 1st. See http://www.cic.gc.ca/english/immigrate/index.asp for the current immigration classes.

If you do decide that you want to apply again, you must first officially lose your PR. You can renounce your PR but you might as well attempt to renew your PR card or leave again, wait for it to expire and then apply for a travel document. If you are refused, you should lose your PR and can apply again.

Since you are still officially a PR, it does not matter at all if you leave before or after your PR card expires. You are not overstaying any visa or something like that.

 

[nmad]

Thanks for your response Drama1971, hope everything works out for you with your Pr.

 

[drama1971]

Thank you very much for the info Leon.

All the best

 

[drama1971]

Hello Leon,

You had said that I can leave Canada with expired PR card facing any problem or question. Is it means the plane/carrier will allow me boarding? I need to know that for confirmation?

Thank you very much in advance

 

[Leon]

Hello Leon,

You had said that I can leave Canada with expired PR card facing any problem or question. Is it means the plane/carrier will allow me boarding? I need to know that for confirmation?

Thank you very much in advance

You can leave with an expired PR card without a problem but you would have a problem coming back.