Permanent Residency Card Renewal - Didn't meet the Requirments
- Thread starter rb10
- Start date
The following is an excerpt from ENF27
However, if you withdraw your application RIGHT NOW, then there may be a chance where they will approve your withdrawal without reporting you (and you would know if they are reporting, Canada has due process, and you would have appeal rights to the removal order). At this point, you can immediately re-apply, and take advantage of the 'loop-hole' that they can only consider the previous five years from the date of examination. Keep in mind though to consider only the last five years from the date of your re-applications, and you should be fine (let's say you apply on July 1 2014, then consider only from July 2 2009 - July 1 2014, and make sure you have at least 731 days within this period).
If they let you go without reporting you, you can even tell them (ONLY if asked why you withdrew then re-applied, and ONLY if you meet the RO) that you did not meet RO before, and now that you do, you are applying again. As much as they want to deport you, they're not allowed to by the law since they can only consider the period of the last five years.
If they sufficiently believe that you may be in breach of residency obligation, they may write an A44(1) report to the the minister's delegate, who may later on agree to remove you from Canada. So that's what would potentially happen if you just 'let it roll' (since you don't really have sufficient grounds for H&C consideration).
However, if you withdraw your application RIGHT NOW, then there may be a chance where they will approve your withdrawal without reporting you (and you would know if they are reporting, Canada has due process, and you would have appeal rights to the removal order). At this point, you can immediately re-apply, and take advantage of the 'loop-hole' that they can only consider the previous five years from the date of examination. Keep in mind though to consider only the last five years from the date of your re-applications, and you should be fine (let's say you apply on July 1 2014, then consider only from July 2 2009 - July 1 2014, and make sure you have at least 731 days within this period).
If they let you go without reporting you, you can even tell them (ONLY if asked why you withdrew then re-applied, and ONLY if you meet the RO) that you did not meet RO before, and now that you do, you are applying again. As much as they want to deport you, they're not allowed to by the law since they can only consider the period of the last five years.
Even if you file the withdrawal, there is still a chance that they may have initiated the A44(1) report, and will refuse your withdrawal
Regarding the reasons for withdrawal, keep in mind that PR card is your right as a PR, and it is not a must to have a PR card if you do not plan to leave the country (which is the biggest difference between a Canadian PR card and a green card). And because it is your right, I believe it is perfectly acceptable to say that you would like to withdraw due to "personal reasons". But experts can share their two cents here as well.
However, I do agree with scylla and Leon that it's still better to take that chance, than to just let it roll, hoping they will accept your H&C reasons. The chance is better that they will approve the withdrawal without reporting you (than to accept your H&C reasons), and if they do, you have your second chance, and may consider yourself really really lucky
Regarding the reasons for withdrawal, keep in mind that PR card is your right as a PR, and it is not a must to have a PR card if you do not plan to leave the country (which is the biggest difference between a Canadian PR card and a green card). And because it is your right, I believe it is perfectly acceptable to say that you would like to withdraw due to "personal reasons". But experts can share their two cents here as well.
How about this for reasons:
I am withdrawing my application as I was shortly under the required days to renew permanent resident status with relevant grounds of compassion. During the time of this application process, if I re-apply now, I meet all the required obligations to renew my permanent residency card.
Anything else I should state or add?
Maybe I should add, "as I am withdrawing at a late date and being as honest as I can in my application, if you find my grounds of compassion acceptable and deem approval of a new permanent resident card, this is my goal and I am fully committed to meet the requirements"
I am withdrawing my application as I was shortly under the required days to renew permanent resident status with relevant grounds of compassion. During the time of this application process, if I re-apply now, I meet all the required obligations to renew my permanent residency card.
Anything else I should state or add?
Maybe I should add, "as I am withdrawing at a late date and being as honest as I can in my application, if you find my grounds of compassion acceptable and deem approval of a new permanent resident card, this is my goal and I am fully committed to meet the requirements"
I suggest sending a withdrawal just stating personal reasons. Do not apply to renew again right away. Wait for them to accept your withdrawal and I suggest waiting some more after that. A few months anyway. You don't really need a PR card to live in Canada and because you applied early, they may have flagged your file and the next time you apply, your application may take the scenic route again but at that point, you will have your 730 days and more and you wont have anything to worry about. They can only look at the past 5 years.
I guess this seems somehow unfair to you because you would have met the RO if you hadn't stayed in Europe to finish high school, which you could also have finished in Canada by the way. However, that does not excuse your staying outside Canada so much after that, especially if you knew that you were short on days. If you would have skipped the 4 month exchange opportunity, you would have met the RO too. This is what immigration will look at.
Maybe you thought this was all no big deal and you would just ask nice and they would renew your PR card even if you were short on days just because you are a nice guy but that is not how it works. Immigration Canada already has the most relaxed residency requirements I know of so they can get pretty serious about people meeting them. In many countries, you would lose a PR if you leave for more than 6 months at a time.
I guess this seems somehow unfair to you because you would have met the RO if you hadn't stayed in Europe to finish high school, which you could also have finished in Canada by the way. However, that does not excuse your staying outside Canada so much after that, especially if you knew that you were short on days. If you would have skipped the 4 month exchange opportunity, you would have met the RO too. This is what immigration will look at.
Maybe you thought this was all no big deal and you would just ask nice and they would renew your PR card even if you were short on days just because you are a nice guy but that is not how it works. Immigration Canada already has the most relaxed residency requirements I know of so they can get pretty serious about people meeting them. In many countries, you would lose a PR if you leave for more than 6 months at a time.
Dear Mr. Leon,
I just read this post you had in the past - http://www.canadavisa.com/canada-immigration-discussion-board/pr-card-renewal-application-withdrawl-t82274.0.html
Please can you answer my final questions:
1) So all I need to do is send a fax to the local CIC branch office of Vancouver (since my application is now with an officer) with a letter stating I want to withdraw my application? - Do I send it to this address?
2) Can you help me add a little bit more to my message than "For personal reasons, I would like to withdraw my current application for the renewal of my PR card. I apologize for any inconvenience." Because just yesterday I submitted a case enquiry maybe I should explain that and I also faxed job offers and so forth to the officer in Vancouver. Will it be bad if the day after I sent that proof of documents of job offers and such to the local CIC in Vancouver, then I withdraw my application?
Please tell me exactly what I should have on my piece of paper that I will fax to them.
3) Also how do I know that I will get a refund, and how do I know they will accept my withdrawal, do they contact me or should I write that on the paper to contact me... there is no form to download I just write on a blank piece of paper?
4) Should I send the withdrawal to the CIC in Vancouver (where my application is now with the officer) or the CIC Address Nova Scotia - or should I send it to both? (or which address do you suggest?)
5) Fax or mail?
6) Is it too late, has the officer already looked at it?
7) I saw it says "Please note that the office can refuse a withdrawal request if the processing of the application is advanced enough for CIC to have a valid interest in seeing the case run through to completion." If they do fail to withdraw, and continue to process it. After a withdrawal is it most likely I would not get it.
8 ) Wouldn't it be best on my reasons of withdrawal to put that I now meet the requirements. I have to put SOMETHING other than personal reasons to explain WHY I am withdrawing so late.
9) Doesnt it count for anything that up to this POINT right now... I have met the requirements... I am going to an office this Monday that helps for PR situations and ill ask for their opinion? Or will that be bad to gain attention to my file?
Please answer all my questions Leon!
Won't this draw more attention to my application. Am I increasing my risk of not getting PR Renewal if I withdraw, adding suspicion to my file right after I faxed additional information just yesterday.
Please tell me exactly what to put on the paper I will fax.
I will include my address, date, my birthday, my mobile and email, their address, (should i include the officers name I was assigned?), my file I.D, and my reasons.
Any other reasons I should put?
I am asking for a lot of details as I am doing this first thing tomorrow. I will wait for your reply.
I am just nervous they will look at my file extra close since earlier today I added additional information to my application with job offers and such.
Do you think I will be okay?
I just read this post you had in the past - http://www.canadavisa.com/canada-immigration-discussion-board/pr-card-renewal-application-withdrawl-t82274.0.html
Please can you answer my final questions:
1) So all I need to do is send a fax to the local CIC branch office of Vancouver (since my application is now with an officer) with a letter stating I want to withdraw my application? - Do I send it to this address?
2) Can you help me add a little bit more to my message than "For personal reasons, I would like to withdraw my current application for the renewal of my PR card. I apologize for any inconvenience." Because just yesterday I submitted a case enquiry maybe I should explain that and I also faxed job offers and so forth to the officer in Vancouver. Will it be bad if the day after I sent that proof of documents of job offers and such to the local CIC in Vancouver, then I withdraw my application?
Please tell me exactly what I should have on my piece of paper that I will fax to them.
3) Also how do I know that I will get a refund, and how do I know they will accept my withdrawal, do they contact me or should I write that on the paper to contact me... there is no form to download I just write on a blank piece of paper?
4) Should I send the withdrawal to the CIC in Vancouver (where my application is now with the officer) or the CIC Address Nova Scotia - or should I send it to both? (or which address do you suggest?)
5) Fax or mail?
6) Is it too late, has the officer already looked at it?
7) I saw it says "Please note that the office can refuse a withdrawal request if the processing of the application is advanced enough for CIC to have a valid interest in seeing the case run through to completion." If they do fail to withdraw, and continue to process it. After a withdrawal is it most likely I would not get it.
8 ) Wouldn't it be best on my reasons of withdrawal to put that I now meet the requirements. I have to put SOMETHING other than personal reasons to explain WHY I am withdrawing so late.
9) Doesnt it count for anything that up to this POINT right now... I have met the requirements... I am going to an office this Monday that helps for PR situations and ill ask for their opinion? Or will that be bad to gain attention to my file?
Please answer all my questions Leon!
Won't this draw more attention to my application. Am I increasing my risk of not getting PR Renewal if I withdraw, adding suspicion to my file right after I faxed additional information just yesterday.
Please tell me exactly what to put on the paper I will fax.
I will include my address, date, my birthday, my mobile and email, their address, (should i include the officers name I was assigned?), my file I.D, and my reasons.
Any other reasons I should put?
I am asking for a lot of details as I am doing this first thing tomorrow. I will wait for your reply.
I am just nervous they will look at my file extra close since earlier today I added additional information to my application with job offers and such.
Do you think I will be okay?
I won't do it until you reply answering all the questions. I want to do it right. I will wait until Monday morning then.Leon said:
My parents dont think I should withdraw as maybe I will get someone sensitive to my case and my #1 H/C was valid.
I will do what you think is best. Do you think by this point they would have flagged my profile for not meeting requirements and even if I withdraw I am screwed. Or do you think they will take it as an insult for me withdrawing and then take even further steps to make sure I leave Canada?
As it is now in Vancouver local office, do you think they have already looked into my files, why havent i heard anything yet? Do you think ill be okay if I withdraw?
All my family think withdrawing is a terrible idea. They have my application on file and would probably see that I didnt meet the requirements? Also, it got transferred to the local CIC office Jan 21st I think, do you think they would have looked at it by now
IMO you should just write personal reasons and you should send your withdrawal to both offices just in case. If they accept your withdrawal, they can't report you any more for that period. When you apply again later, they can only look at the past 5 years from that date.rb10 said:
If they don't accept your withdrawal and call you in for an interview for your appcation and ask you why you applied to withdraw, you can tell them that you were worried that your application was deadlocked and wanted to attempt withdrawing and applying again later which would be true. However, I think it would be unusual if they don't accept your withdrawal because I have heard of people withdrawing at very late stages sometimes.
Your parents think you have a H&C case? I don't. Other people on this forum agree that you don't. If you want to let your application roll, go ahead. It is your decision.
Your #1 H/C case point might be valid, however, since you are only required to be in Canada for 2 out of 5 years, and you didn't meet that requirement, what are your reasons for the other missing 4 years? You said your parents sent you out of country for 1 year to finish high school, that left you 4 years to comply with your R/O. Yet you are still saying you failed to comply. If you do not follow the advice of the more seniour members here, I fear you will find yourself trying to explain exactly why you didn't meet the R/O in the remaining 4 years. Do you feel like you have good reasons? If you were in the shoes of CIC, would you accept those excuses?rb10 said:
Please can you answer my final questions:Leon said:
1) So all I need to do is send a fax to the local CIC branch office of Vancouver (since my application is now with an officer) with a letter stating I want to withdraw my application? - Do I send it to this address?
2) Can you help me add a little bit more to my message than "For personal reasons, I would like to withdraw my current application for the renewal of my PR card. I apologize for any inconvenience." Because just yesterday I submitted a case enquiry maybe I should explain that and I also faxed job offers and so forth to the officer in Vancouver. Will it be bad if the day after I sent that proof of documents of job offers and such to the local CIC in Vancouver, then I withdraw my application?
Please tell me exactly what I should have on my piece of paper that I will fax to them.
3) Also how do I know that I will get a refund, and how do I know they will accept my withdrawal, do they contact me or should I write that on the paper to contact me... there is no form to download I just write on a blank piece of paper?
4) Should I send the withdrawal to the CIC in Vancouver (where my application is now with the officer) or the CIC Address Nova Scotia - or should I send it to both? (or which address do you suggest?)
5) Fax or mail?
6) Is it too late, has the officer already looked at it?
7) I saw it says "Please note that the office can refuse a withdrawal request if the processing of the application is advanced enough for CIC to have a valid interest in seeing the case run through to completion." If they do fail to withdraw, and continue to process it. After a withdrawal is it most likely I would not get it.
8 ) Wouldn't it be best on my reasons of withdrawal to put that I now meet the requirements. I have to put SOMETHING other than personal reasons to explain WHY I am withdrawing so late.
9) Doesnt it count for anything that up to this POINT right now... I have met the requirements... I am going to an office this Monday that helps for PR situations and ill ask for their opinion? Or will that be bad to gain attention to my file?
yes, you can do both. I would fax it first, obviously, so it is received quicker, then you can go ahead and snail mail the original to the offices in case they need it to complete your withdrawal.rb10 said: