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PR Relinquish after Determination Investigation of PR

teras

Newbie
Aug 4, 2011
4
0
Hi All,

I have applied for PR Renewal and recently recieved a questionnaire from CIC for Determination of Permanent Residency?

I have surely not met the Residency Obligation, what do I do now. Can i cancel my application?

My wife still resides in Canada, working there and have plans to sponsor me again. Please help me what are our options.

Can i write a letter to close that application and would like to start over PR again.

Thank You in advance.
 

Leon

VIP Member
Jun 13, 2008
21,950
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You can relinquish your PR if that is what you want. You can write them a letter stating that you do not meet the residency requirements and you want to give up your PR in order for your wife to be able to sponsor you for PR again.
 

Msafiri

Champion Member
Nov 18, 2012
2,667
104
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teras said:
Hi All,

I have applied for PR Renewal and recently recieved a questionnaire from CIC for Determination of Permanent Residency?

I have surely not met the Residency Obligation, what do I do now. Can i cancel my application?

My wife still resides in Canada, working there and have plans to sponsor me again. Please help me what are our options.

Can i write a letter to close that application and would like to start over PR again.

Thank You in advance.
1. How many days did you claim in your PR renewal?

2. What are the reasons for your absence from Canada?

3. Is your wife a Canadian citizen? If yes did she accompany you at any time during these absences?

4. Does your wife meet the residency obligation at this time?
 

teras

Newbie
Aug 4, 2011
4
0
1. There is a discrepancy between the actual dates that i was in Canada and the dates that i mentioned in renewal application.
2. Basically because of my job (Not applicable for H&C Grounds)
3. My wife is PR Holder residing and working in canada
4. Yes my wife PR got extended.

Basically i am in USA working now. So now my questions are:

1. Can i ask CIC that I want to surrender my PR as i do not meet residency obligation?----------will they come after me as i mentioned differently in the renewal application
2. If CIC agrees to surrender my PR, can my Wife sponsor me?

I really everyone for their valuable suggestions.

Thank You.
teras
 

Msafiri

Champion Member
Nov 18, 2012
2,667
104
Job Offer........
Pre-Assessed..
teras said:
1. There is a discrepancy between the actual dates that i was in Canada and the dates that i mentioned in renewal application.
2. Basically because of my job (Not applicable for H&C Grounds)
3. My wife is PR Holder residing and working in canada
4. Yes my wife PR got extended.

Basically i am in USA working now. So now my questions are:

1. Can i ask CIC that I want to surrender my PR as i do not meet residency obligation?----------will they come after me as i mentioned differently in the renewal application
2. If CIC agrees to surrender my PR, can my Wife sponsor me?

I really everyone for their valuable suggestions.

Thank You.
teras
1. So you claimed more days than you actually had. Either abandon/withdraw the application or relinquish voluntarily - if you proceed with the RQ it could be established there was misrepresentation and you would become inadmissible.

2. You are correct employment is not an H&C reason its a personal choice as per case law.

3. Your spouse can sponsor you once you relinquish PR. She has to provide proof that she meets the Residence Obligation and is residing in Canada for the duration of the sponsorship.

4. Easiest option in your case is to submit to the Canadian consulate serving you area of residence in the US Form IMM 5538B - voluntary relinquishment of PR status. It has some legalese wording so you can't later say you did not know what you were doing. You may have to contact the consulate for the form. Alternatively go with Leon's suggestion and write to the person who sent you the RQ stating you wish to relinquish PR status. That person should/ may send you the relevant form for relinquishing.

5. If you are going to continue working in the US you will have the same problem in another 5 years so you would need to go with the loophole that if your wife gets Canadian Citizenship your PR is protected at all times she is accompanying you outside Canada.