PR renewal declined due to RO

[faisala]

I had applied for PR renewal of my parents (they did not meet residency requirements) explaining to give PR renewal on a compassionate basis. Immigration office in Canada provided an appointment to pick up the PR card of my father (no response on my mothers case yet). However, since my parents are currently outside Canada, I applied for a PRTD for him to come to Canada. The local office which processed PRTD, rejected his PRTD application stating that he doesn’t meet the residency requirements and gave 60 days to file notice of appeal to IAD. My question is:

1. Has anyone in this forum filed any such appeal and if any suggestions that could help improve chance of success
2. In case IAD rejects in appeal, will they be eligible to re-apply new PR application
3. Is there any negatives of filing notice of appeal? someone suggested that we should renounce PR and get super visa instead and then file PR again after a year

 

[scylla]

I had applied for PR renewal of my parents (they did not meet residency requirements) explaining to give PR renewal on a compassionate basis. Immigration office in Canada provided an appointment to pick up the PR card of my father (no response on my mothers case yet). However, since my parents are currently outside Canada, I applied for a PRTD for him to come to Canada. The local office which processed PRTD, rejected his PRTD application stating that he doesn’t meet the residency requirements and gave 60 days to file notice of appeal to IAD. My question is:

1. Has anyone in this forum filed any such appeal and if any suggestions that could help improve chance of success
2. In case IAD rejects in appeal, will they be eligible to re-apply new PR application
3. Is there any negatives of filing notice of appeal? someone suggested that we should renounce PR and get super visa instead and then file PR again after a year

1. The appeal should focus on strong reasons that kept them outside of Canada and prevented them from meeting the residency obligation, including supporting evidence. You want to try to put together a stronger case than you did in earlier applications.
2. Yes, if they qualify and are selected.
3. I don't believe there are any negatives. How would they plan to file for PR again after a year? Through which immigration program?

 

[faisala]

1. The appeal should focus on strong reasons that kept them outside of Canada and prevented them from meeting the residency obligation, including supporting evidence. You want to try to put together a stronger case than you did in earlier applications.
2. Yes, if they qualify and are selected.
3. I don't believe there are any negatives. How would they plan to file for PR again after a year? Through which immigration program?

Great, Thank you for your response. Re #3, Just wanted to understand that appeal to IAD and subsequent rejection doesnt't bar one from filing a new PR application if they qualify and get selected for parents/grandparents PR or another new H&C PR application later?

 

[canuck78]

Great, Thank you for your response. Re #3, Just wanted to understand that appeal to IAD and subsequent rejection doesnt't bar one from filing a new PR application if they qualify and get selected for parents/grandparents PR or another new H&C PR application later?

Sponsoring parents under H&C is far from guaranteed and with the volume of people using this program to try for sponsor their parents IRCC is going to have to crack down at one point. Parent sponsorship is not guaranteed and Canada is an healthcare crisis struggling to care for those who have paid into the system. If they had PR and lost it would likely make an H&C case much more difficult. If they lose PR they should assume they may never regain PR and plan accordingly.

 

[canuck78]

I had applied for PR renewal of my parents (they did not meet residency requirements) explaining to give PR renewal on a compassionate basis. Immigration office in Canada provided an appointment to pick up the PR card of my father (no response on my mothers case yet). However, since my parents are currently outside Canada, I applied for a PRTD for him to come to Canada. The local office which processed PRTD, rejected his PRTD application stating that he doesn’t meet the residency requirements and gave 60 days to file notice of appeal to IAD. My question is:

1. Has anyone in this forum filed any such appeal and if any suggestions that could help improve chance of success
2. In case IAD rejects in appeal, will they be eligible to re-apply new PR application
3. Is there any negatives of filing notice of appeal? someone suggested that we should renounce PR and get super visa instead and then file PR again after a year

Would also add that the appointment for pick-up was an interview and they weren’t guaranteed to receive the PR card. If it was discovered that they were not in Canada when they applied for the PR card renewal then that would be grounds for refusal.

 

[faisala]

Sponsoring parents under H&C is far from guaranteed and with the volume of people using this program to try for sponsor their parents IRCC is going to have to crack down at one point. Parent sponsorship is not guaranteed and Canada is an healthcare crisis struggling to care for those who have paid into the system. If they had PR and lost it would likely make an H&C case much more difficult. If they lose PR they should assume they may never regain PR and plan accordingly.

Got it, thank you. Will file Notice of Appeal to IAD and in unlikely case of rejection then Super Visa route.

 

[JJS]

I had applied for PR renewal of my parents (they did not meet residency requirements) explaining to give PR renewal on a compassionate basis. Immigration office in Canada provided an appointment to pick up the PR card of my father (no response on my mothers case yet). However, since my parents are currently outside Canada, I applied for a PRTD for him to come to Canada. The local office which processed PRTD, rejected his PRTD application stating that he doesn’t meet the residency requirements and gave 60 days to file notice of appeal to IAD. My question is:

1. Has anyone in this forum filed any such appeal and if any suggestions that could help improve chance of success
2. In case IAD rejects in appeal, will they be eligible to re-apply new PR application
3. Is there any negatives of filing notice of appeal? someone suggested that we should renounce PR and get super visa instead and then file PR again after a year

Unfortunately, this sounds like that's it. The chances of them being able to get their PR card looks slim. The fact that they were invited for the an interview for "Card Pick Up" is a standard process. In that process the applicant is questioned about their RO, which they did not meet at the first place. H&C grounds are extremely weak especially if they were sponsored as Parents/Grandparents to begin with. An appeal doesn't make it any worse. I wish you good luck.

 

[Besram]

Got it, thank you. Will file Notice of Appeal to IAD and in unlikely case of rejection then Super Visa route.

Appeals are not easy to win at all. You should not assume that losing the appeal (rejection) is unlikely. The fact that your parents are currently not in Canada is a negative factor.

While some people seem to choose to represent themselves, legal representation (i.e. lawyer) is probably a good idea to prepare the best case for your parents.

 

[canuck78]

Would add that normally for PR card renewals you now have to confirm that you are currently in Canada. It was always required but you didn’t have to confirm you were applying from Canada. Did they misrepresent their location?