Not Meeting Residency Obligation

[brawad]

Hello,

This is part of the letter I received regrading my application for renewing my PR card.
This letter concerns your application for a Permanent Resident Card.


Subsection 28(1) of the Immigration and Refugee Protection Act describes the residency obligation that permanent residents must comply with.


Section 56 of the Immigration and Refugee Protection Regulations states that a Permanent Resident Card application must include the addresses of all places of residence, as well as periods of absence from Canada, during the previous 5 years.


In your Permanent Resident Card application, you provided information on your past places of residence and absences, that may present inconsistencies and/or you may not be in compliance with the residence obligation.
I have not met residency obligations since I spent only one year out of five years. My PR card is expired. Please help my through your kind advice.

 

[noscaf2014]

You shouldn't have applied to renew your PR if you do not meet residency obligations. Now your PR is being investigated and you would eventually lose your PR status. Good Luck!

 

[Buletruck]

Agreed. You are looking at a residency obligation review. If you haven’t been in Canada 730 days in the 5 years prior to your pr card renewal application, they are in the process of revoking your PR.

 

[Tubsmagee]

Hello,

This is part of the letter I received regrading my application for renewing my PR card.
This letter concerns your application for a Permanent Resident Card.


Subsection 28(1) of the Immigration and Refugee Protection Act describes the residency obligation that permanent residents must comply with.


Section 56 of the Immigration and Refugee Protection Regulations states that a Permanent Resident Card application must include the addresses of all places of residence, as well as periods of absence from Canada, during the previous 5 years.


In your Permanent Resident Card application, you provided information on your past places of residence and absences, that may present inconsistencies and/or you may not be in compliance with the residence obligation.
I have not met residency obligations since I spent only one year out of five years. My PR card is expired. Please help my through your kind advice.

Why did you apply for a PR card when you are not in compliance?

 

[brawad]

i needed to join my family and the immigration consultant did not caution me but talked about the appeal

 

[zardoz]

Your only hope really is to formally withdraw your renewal application but, to be honest, I suspect that it's now too late to do this. Have you been told to supply proof of physical presence in Canada or any exceptions? Even if you do nothing, hoping that they will treat your application as "abandoned", recent court cases show that they can still carry out the inadmissibility examination.

 

[brawad]

Yes. They provided a questionnaire and asked to respond within 45 days.

 

[brawad]

I can be in Canada and thought about extending the response deadline. My family is composed of four kids and their mother is suffering a lot without me near them. Th

Your only hope really is to formally withdraw your renewal application but, to be honest, I suspect that it's now too late to do this. Have you been told to supply proof of physical presence in Canada or any exceptions? Even if you do nothing, hoping that they will treat your application as "abandoned", recent court cases show that they can still carry out the inadmissibility examination.

 

[brawad]

Yes. They provided a questionnaire and asked to respond within 45 days.

Your only hope really is to formally withdraw your renewal application but, to be honest, I suspect that it's now too late to do this. Have you been told to supply proof of physical presence in Canada or any exceptions? Even if you do nothing, hoping that they will treat your application as "abandoned", recent court cases show that they can still carry out the inadmissibility examination.

 

[brawad]

You shouldn't have applied to renew your PR if you do not meet residency obligations. Now your PR is being investigated and you would eventually lose your PR status. Good Luck!

I was informed that this is not automatic and by the time the decsion might be made I might pass two years requirements for the renewal

 

[brawad]

Agreed. You are looking at a residency obligation review. If you haven’t been in Canada 730 days in the 5 years prior to your pr card renewal application, they are in the process of revoking your PR.

I was informed that this is not automatic and by the time the decsion might be made I might pass two years requirements for the renewal

 

[zardoz]

I was informed that this is not automatic and by the time the decsion might be made I might pass two years requirements for the renewal

Unfortunately, it seems likely that you have been misinformed. If there is any possibility that you don't meet the Residency Obligation requirements, they WILL start to investigate. This has now happened to you, and the Residency Questionnaire confirms this. You must meet the RO on the date that your application is submitted, not when it's decided. Only if you successfully get past this investigation will the days since submission be counted.

 

[brawad]

Unfortunately, it seems likely that you have been misinformed. If there is any possibility that you don't meet the Residency Obligation requirements, they WILL start to investigate. This has now happened to you, and the Residency Questionnaire confirms this. You must meet the RO on the date that your application is submitted, not when it's decided. Only if you successfully get past this investigation will the days since submission be counted.

What do you mean by : Only if you successfully get past this investigation will the days since submission be counted.?

 

[brawad]

What do you mean by : Only if you successfully get past this investigation will the days since submission be counted.?

I thank you zardoz and every one who is trying to help. I thought about H&C

 

[zardoz]

What do you mean by : Only if you successfully get past this investigation will the days since submission be counted.?

Assuming that you can't prove that you were in compliance with the residency obligation requirements on the day that you submitted the application to IRCC, the likely sequence of events will be these.

1) you are informed that you are inadmissible because of not meeting the residency obligation requirements.
2) you are offered the opportunity to appeal this decision to the IAD.
3) The clock stops as far as accumulating residency days.
4) If you lose your appeal, any days in Canada since your application are effectively lost.
5) If you win your appeal, those days will be counted towards your next RO examination.