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docme

Newbie
Apr 8, 2017
5
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Hello! I had a question about my PR renewal. It would be great if someone can help me with this situation. I am a canadian PR with initial PR status in 2007. I renewed my PR card as I had fulfilled my residency obligation. MY current PR is valid till february 2018. I am a doctor and started residency in the US in 2012 and am currently doing a fellowship which will finish in june 2019. For both my residency and fellowship, US needed an assurance from health Canada known as a statement of need. The statement of need (issued by health Canada) states that there is currently a need in canada of physicians of my specialty and that I have filed a written assurance with government of canada that I will return after my fellowship and practice in Canada in my specialty. Now my PR card is expirinf in february 2018, should I apply for renewal based on H and C grounds or should I wait and finish my fellowship and get a PRTD/drive to canada and then apply. I am confused about what to do in this situation. Any suggestions will be appreciated
 
docme said:
Hello! I had a question about my PR renewal. It would be great if someone can help me with this situation. I am a canadian PR with initial PR status in 2007. I renewed my PR card as I had fulfilled my residency obligation. MY current PR is valid till february 2018. I am a doctor and started residency in the US in 2012 and am currently doing a fellowship which will finish in june 2019. For both my residency and fellowship, US needed an assurance from health Canada known as a statement of need. The statement of need (issued by health Canada) states that there is currently a need in canada of physicians of my specialty and that I have filed a written assurance with government of canada that I will return after my fellowship and practice in Canada in my specialty. Now my PR card is expirinf in february 2018, should I apply for renewal based on H and C grounds or should I wait and finish my fellowship and get a PRTD/drive to canada and then apply. I am confused about what to do in this situation. Any suggestions will be appreciated
Exactly what H&C grounds do you believe justify the failure to comply with the residency obligation requirements? Employment is normally not considered as a good reason.
 
More than employment its education. I have been doing a fellowship in a specialty that is in need for physicians in Canada. Another thing is my parents are in Canada and have been ill needing medical attention.
 
docme said:
More than employment its education. I have been doing a fellowship in a specialty that is in need for physicians in Canada. Another thing is my parents are in Canada and have been ill needing medical attention.

Education is not accepted as an H&C reason for being outside of Canada.

If your parents were outside of Canada and you were forced to remain outside of Canada because they were ill and there was no one else to take care of them - that might be accepted as an H&C reason.
 
docme said:
More than employment its education. I have been doing a fellowship in a specialty that is in need for physicians in Canada.

A H&C claim would be at the discretion of any random visa officer that happens to be reviewing your file. If the visa officer rejects your claim, you can then appeal that and argue your H&C reasons in front of an appeals judge. Only if you lose the appeal, would your PR status be revoked.

While typically education and work do not fall within the typical reasons to grant H&C considerations, there are always exceptions and every case is different. Your situation is very unique so I doubt you will find anyone here that has seen an identical case. Due to the human nature and discretion that visa officers have in deciding on H&C cases, the only way you'll get a firm answer is to try and see what happens.
 
As an update to above, I applied on h and c grounds. After a long wait I received an email letter saying that an interview has been scheduled to see if the h and c reasons are enough to justify retention of pr. I am currently in canada completing my fellowship and will be done in 2 months. The application has been scheduled sooner than that.

I have some questions if someone can provide some input I would greatly appreciate.

1. What are the different scenarios in such an interview. If the officer thinks I have grounds, do I get the pr card there or is there a further wait for that.

2. What happens if they don’t think I qualify. What is the refusal process.

3. Should I reschedule my interview date for after my fellowship so that I don’t have to come back to the US for finishing it.

I greatly appreciate the help provided by this forum.
 
Confused? Is your
As an update to above, I applied on h and c grounds. After a long wait I received an email letter saying that an interview has been scheduled to see if the h and c reasons are enough to justify retention of pr. I am currently in canada completing my fellowship and will be done in 2 months. The application has been scheduled sooner than that.

I have some questions if someone can provide some input I would greatly appreciate.

1. What are the different scenarios in such an interview. If the officer thinks I have grounds, do I get the pr card there or is there a further wait for that.

2. What happens if they don’t think I qualify. What is the refusal process.

3. Should I reschedule my interview date for after my fellowship so that I don’t have to come back to the US for finishing it.

I greatly appreciate the help provided by this forum.

Confused is your fellowship in Canada or the US? You mention you are in Canada but then you mention having to go back to the US? Now that you are on the rolling total part of RO. When have you been in Canada? When were you in Canada during the 2007-2012 period?
 
Fellowship is in the US. I was in the us for this period with brief visits to canada for vacation. Last I was in canada in May 2018. Thanks
 
Would imagine you also attended meducal school abroad. How did you meet the residency requirement for the 1st 5 years? If you were in medical school from 2008-2012 you would have not met your residency requirement pretty quickly maybe 2014 or 2015. After the first 5 years you would need to meet the 2 out of 5 rule on any day not just the next 5 year period. Who did you sign the agreement with about the shortage of specialists in your field in Canada? Did you get funding in exchange for working in an underserviced area in Canada?