Permanent Residency Card Renewal - Didn't meet the Requirments

[rb10]

Dear All,

I find myself in stressful times and seek your guidance.

I have been a Permanent Residency of Canada now for the past 5 years, and my card just expired. I applied in January 2014 for the card to be renewed whilst I didn't meet the requirements. I was shortly under the amount of days needed to be spent in Canada. I added a letter of compassionate grounds to my initial application stating the reasons as to why I didn't meet the requirements, these were:

I would like to request that you consider my application favorably as the major reasons for not meeting the requirements are
1. Immediately on gaining the residence card my parents returned me to Europe to complete my high school program, and
2. As a part of my final year at XXX University in BC I was awarded a 4 month exchange opportunity abroad

My sister is now a Canadian Citizen, my brother works in Canada and is also re-applying, my uncle is married as well in Canada. My file was received on January 7, 2014 for an application of permanent residency card renewal. The CIC started processing my application on January 21, 2014. They transferred my application to the local CIC office on January 24, 2014. The local CIC office may contact me they said.

I sent in more information and more documents as requested to the local Vancouver branch officer and I haven't heard anything for a while. Why is this?

Since then I also applied for urgent processing stating I had a flight booked back home to Europe, but they couldn't speed up my application because it was with an officer in Vancouver. Additionally, I don't know how to let them know that I didn't get on that flight to Europe and I ended up staying in Canada. (Any ideas how I can let them know - Did I screw myself asking for Urgent Processing?).

What do you think my chances are? What can I do to increase my odds? I am super stressed and nervous and I am finding it so hard to focus. I am also looking for jobs now and I have a few interviews.

Also, if worst comes to worst and I do not receive my PR application renewal, what are the next options I have to stay in Canada? I really want to stay in Canada with my friends, family.

Also how can I update my application (or the officer) of a job offer when I receive one ( I am in talks with a company and I think they want me). Additionally, how long is this going to take, and what do you guys think my chances are of being renewed?

I can't take this wait anymore
I appreciate any help,

R

 

[Leon]

You really should not have applied if you were short on days, you should have waited to make it up.

1. may have been H/C grounds but 2. is not. You knew you were short on days, yet you decided to leave for a 4 month exchange opportunity. That was by your choice as an adult so there is no H/C component there.

Now you are already short on days and you are expecting immigration to renew your PR card fast so you can leave again, back "home" to Europe. You realize how this looks to immigration? They will likely see you as someone who wants to hold a PR card for convenience but considers his real "home" to be in another country.

IMO, you should forget any travel plans in the near future and either wait it out with this application or withdraw it and apply again as you now meet the requirements again.

Keep in mind that as a PR, you must always meet the RO for the past 5 years, not just for renewing your card so as your days spent in Canada 5 years ago start moving outside the 5 year window, you must be careful to replace them with new days spent in Canada, otherwise, you will end up in the situation that even if you get a new PR card, you will not meet the RO, could be examined at a port of entry at any time you return to Canada and could be reported and possibly lose your PR.

 

[rb10]

Dear Leon,

Thanks for your reply.

If i withdraw it and stay in Canada what does that mean for the time being?

Also, i was thinking of doing a 'Case Specific Enquiry', by adding a job offer in and saying I cancelled my flight to Belgium to show dedication to my Canadian permanent residency card.

What do you think I should do, honestly?

Do you think I will be okay?

 

[rb10]

You really should not have applied if you were short on days, you should have waited to make it up.

1. may have been H/C grounds but 2. is not. You knew you were short on days, yet you decided to leave for a 4 month exchange opportunity. That was by your choice as an adult so there is no H/C component there.

Now you are already short on days and you are expecting immigration to renew your PR card fast so you can leave again, back "home" to Europe. You realize how this looks to immigration? They will likely see you as someone who wants to hold a PR card for convenience but considers his real "home" to be in another country.

IMO, you should forget any travel plans in the near future and either wait it out with this application or withdraw it and apply again as you now meet the requirements again.

Keep in mind that as a PR, you must always meet the RO for the past 5 years, not just for renewing your card so as your days spent in Canada 5 years ago start moving outside the 5 year window, you must be careful to replace them with new days spent in Canada, otherwise, you will end up in the situation that even if you get a new PR card, you will not meet the RO, could be examined at a port of entry at any time you return to Canada and could be reported and possibly lose your PR.

Should I withdraw then re-apply? What will that mean? Will they see that on my application. Or should I do a case specific enquiry and add that I cancelled my flight. I ended up staying in Canada.

If i withdraw can I reapply again?

 

[Leon]

Should I withdraw then re-apply? What will that mean? Will they see that on my application. Or should I do a case specific enquiry and add that I cancelled my flight. I ended up staying in Canada.

If i withdraw can I reapply again?

In my opinion, you should withdraw, stay in Canada and apply to renew again after a year.

You are still a PR, you just don't have a valid PR card and you shouldn't travel while that is the case.

If they allow you to withdraw, they will likely have a note on your file stating that you tried to apply with too few days and your second renewal application may take a long time too but if they see that you have more than enough days at that point and show a bit of committment by having stayed in Canada for the past year without leaving, it should help.

 

[rb10]

Leon,

How would I still be a PR if my card expired. It expired April 2014 on the 30th.

Can I ask if I apply, and get rejected, then what happens? Do I have to leave.

I am currently writing a message with attached a job email including a potential offer, and stating that I cancelled my flight and why I am here committed to finding a job.

I think that would be better?

 

[encantado]

Leon,

How would I still be a PR if my card expired. It expired April 2014 on the 30th.

PR card is just a proof of your permanent residence status to enter/re-enter Canada. A lot of people live without pr card if they don't have any plans to travel abroad. The process of cessation and vacation may be initiated by CIC, but still you do have a status of a permanent resident.

 

[Leon]

You remain a PR until your PR status is officially revoked. It may be revoked if you commit a crime or if you get reported for not meeting the RO. Your PR status is not revoked due to your PR card expiring.

 

[rb10]

Okay, well I think I am too late to withdraw. My case is with a local officer in Vancouver. What does that mean?

I think I have two good reasons for compassionate grounds. I had to complete high school and that took a year or more when I got my PR Card.

I have also sent a specific case enquiry with updated information:

I included proof of graduation.
Proof of cancellation of flight to Europe and me staying in Canada to look for jobs.
And proof of job offers.

I am a white male, young, and just out of University looking for jobs.

Is it often they will just reject my application because I didn't meet the requirements, or will they look at my reasons and judge fairly? A big question I am wondering is if it is already in a local office in Vancouver, will my Case Enquiry be sent to that office as when I applied for Urgent Processing they couldnt speed it up because it is with the local office.

What do you guys think my chances are and is there anything else I can do to increase my odds.

Am I doing the right things?

 

[Leon]

I think I have two good reasons for compassionate grounds. I had to complete high school and that took a year or more when I got my PR Card.

You do not really have compassionate grounds. Ok, if your parents decided that you must complete high school in Europe and sent you there, you would have that one year forgiven. However, if you did not meet the RO, that means you were outside Canada for more than 3 years in the past 5. So what is your excuse for staying outside for the other two years? You say that 4 months was going overseas for an exchange opportunity in the last year of university. This was by your choice so no H/C component there.

You can still withdraw. If you let your application roll, the officer will make the decision on your PR depending on the evidence you have given. Worst case, they could revoke your PR. Best case, they will forgive your absences and give you a PR card. They could also reject your PR card application without revoking your PR.

 

[rb10]

You do not really have compassionate grounds. Ok, if your parents decided that you must complete high school in Europe and sent you there, you would have that one year forgiven. However, if you did not meet the RO, that means you were outside Canada for more than 3 years in the past 5. So what is your excuse for staying outside for the other two years? You say that 4 months was going overseas for an exchange opportunity in the last year of university. This was by your choice so no H/C component there.

You can still withdraw. If you let your application roll, the officer will make the decision on your PR depending on the evidence you have given. Worst case, they could revoke your PR. Best case, they will forgive your absences and give you a PR card. They could also reject your PR card application without revoking your PR.

Okay, well I just faxed information to my officer in Vancouver. I provided a lot of information, proof of graduation and job offers by emails. I stated that I went on the exchange offered by my school to enhance my resume to allow myself to apply for jobs in Canada and that is one of the main reasons why I didnt meet the days. If I didnt meet the days, do they just throw my application out the window?

I don't know if I should withdraw or not. This is all too much for me, I am barely eating or sleeping right now because it is all I can think about. I don't know what to do.

What are the odds they will call me in for an interview? My dad thinks that is the case.

If I didn't have that year away because of High School I would have met the requirements!

Do you think the officer will receive my fax, will they give it to the officer on my case in Vancouver. How do you see this going?

If I lose my PR do they give me time to leave the country or is it possible I could stay? I dont want to leave

 

[rb10]

Leon,

Judging by this what do you think will happen honestly if I let it roll?

How often do you see people who don't meet the requirements get it. Do you know anything about the Vancouver branch. How long will this application take? I am keeping my fingers crossed.

I would think that they would want a white young male who graduated from university in Canada looking for jobs to be able to have a PR Card. Surely they would?

 

[scylla]

How important is your pr status to you? If it isn't that important then let it roll. If it's important then withdraw. As Leon said, you have no compassionate reasons for failing to meet RO. Your reasons are all personal choices that you didn't have to make.

 

[rb10]

Okay, if I withdraw, will that work against my favor when I re-apply?

Will they revoke my PR status if I witdraw because they now know my situation?

Should I go to the local office?

It is important to me as I want to live in Canada and get a job here.

 

[rb10]

Won't it look bad if I withdraw my request right now? After today I just faxed information supporting why I left the country and the job offers I have received.

Please let me know what I should do.