Pr renewal on H & C grounds.

[roberrt]

Hi Leon and other experts - Need your advise please, I called the CIC call centre to follow up on my pr renewal status. I was told that my application is placed "on the H & C Considerations Que". Any idea what is the timeline from here?
Obviously I have not fulfilled by Permanent residency obligations due to various reasons but my family has been living here continuously for the past 4 years. I have only lived 500 days in canada in the past 5 years.

 

[Leon]

If you would have come here and asked before applying to renew your PR card, I would probably have advised you against it. The waiting for H&C grounds can be very long. You might have been better off just waiting until you met the requirements again and applying to renew then.

 

[roberrt]

I am a consultant to a foreign company and have to travel to different countries. To travel to these countries, I need to have a business visit visa for which i need a valid P.R.

 

[roberrt]

that was the reason I had to apply.

 

[scylla]

As Leon explain, unfortunately you should expect a long wait.

Given you only have 500 days in Canada and don't appear to have strong H&C considerations (based on the information you have provided to date), you should start thinking what you will do in the event your PR status is not renewed.

 

[roberrt]

My wife and son have their PR already renewed.Can they reject mine even though I have completed 500 days.

 

[scylla]

My wife and son have their PR already renewed.Can they reject mine even though I have completed 500 days.

Yes - they can certainly reject you. You haven't met the residency requirement.

 

[roberrt]

Let's say if the H & C process goes on for 7 more months, by then I would have completed my pr obligations - so technically if the process takes a long time,they would not be able to reject my renewal application because I would have then completed 730 days stay in Canada. What are your views?

 

[Leon]

Let's say if the H & C process goes on for 7 more months, by then I would have completed my pr obligations - so technically if the process takes a long time,they would not be able to reject my renewal application because I would have then completed 730 days stay in Canada. What are your views?

No, that's not how it works. If you apply before you meet the requirements, you are inviting them to examine your status and they will do that, using the date you applied. If they find that you did not meet the requirements on the 5 years immediately before you applied, they can revoke your PR and ask you to leave Canada, even if the case took such a long time that you meet the requirements again at that point.

However, if you get into Canada and live in Canada without having been reported on entry and without having applied for anything to attract attention to yourself, immigration would not know that you were ever in the position of not meeting the requirements so when you finally apply to renew after you have met them, they must take your application date into consideration and that you meet the requirements for the 5 years before that application date and they are not allowed to go further back in time.

 

[scylla]

Let's say if the H & C process goes on for 7 more months, by then I would have completed my pr obligations - so technically if the process takes a long time,they would not be able to reject my renewal application because I would have then completed 730 days stay in Canada. What are your views?

It doesn't work that way. Only the days before you submitted your application are counted.

CIC can still refused your application.

 

[roberrt]

Thanks Leon & Schylla.Guess there's nothing much I can do now but wait.

 

[scylla]

Good luck. Let us know how things go...

 

[Msafiri]

Thanks Leon & Schylla.Guess there's nothing much I can do now but wait.

You have the option of withdrawing your application and re-applying when you meet the requirements. With luck application processing will just stop negating the risk of refusal and eventual loss of PR. Sorry employment is not a H&C ground - many PRs live and work in Canada is the rationale for case law on this. If this will be an issue then most PRs end up relying on being sponsored again or living with the Canadian Citizens spouse to get their PR status back on track.

 

[roberrt]

Thanks Msafiri, will give it a thought.

 

[realeasy]

My wife and son have their PR already renewed.Can they reject mine even though I have completed 500 days.

If your wife and son live in Canada, you are eligible for H & C.

I went relinquish my PR. The immigration supervisor told me that I cannot relinquish my PR as my family lives in Canada. She said on humanitarian ground they cannot take away my PR even if I don't meet the eligibility requirement as my family lives here. This happened two weeks ago.

My wife is Canadian citizen now. So this is additional layer of protection that they cannot remove me of PR status.

So for now I am all set based on H&C and my wife's citizenship, unless something new comes up