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PR Renewal Rejected

shonalisarkar

Newbie
Jan 3, 2014
8
0
My mother was a Canadian PR but she didn't fulfill her residency obligation of spending 730 days in the last 5 years. Even after getting her PR status, she spent most of her time in Singapore. Both her sons are in Canada (myself and my brother). I myself am a Citizen now and my brother is still a PR.

When we applied for her PR renewal, we were hoping that they would renew it under H&C grounds as both her sons are well settled here.

They sent a letter asking her to request for a Travel Document from Singapore. However, a travel document is only issued if you have completed your residency obligation. So obviously, that got rejected as well.

Our only option now is to appeal her case. But I am not sure under what basis we should appeal.


Any advise would be sincerely appreciated!
 

scylla

VIP Member
Jun 8, 2010
95,845
22,110
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Having family in Canada is not grounds for H&C consideration. To renew your PR card under H&C, you would have to prove that you were unable to return to Canada to fulfill your residency requirement for reasons that could not be avoided (e.g. you were very sick and/or in hospital for a very long period of time and this prevented you from traveling). Financial/employment reasons and family reasons are not accepted under H&C. It really has to be something that prevented you from returning and you have to be able to prove your statements with hard evidence (e.g. hospitalization record).

An appeal will only be successful if you can prove your mother was unable to return to Canada for an unavoidable reason. Does she have such a reason? If she spent most of her time in Singapore because that's where the prefers to live - you have no ground for appeal (it doesn't matter that you and your brother live here). In that case I would forget the appeal and look to obtain a visitor visa or super visa to accommodate occasional visits to Canada.
 

Leon

VIP Member
Jun 13, 2008
21,950
1,322
Job Offer........
Pre-Assessed..
Agree with Scylla. It's not considered H&C grounds for a mother to keep her PR in order to tend to her adult children in Canada.

Instead, apply for a multiple entry visit visa for her. Then she can visit you for up to 6 months at a time.
 

Msafiri

Champion Member
Nov 18, 2012
2,667
104
Job Offer........
Pre-Assessed..
If your mother intends to settle in Canada you could consider appealing if there are acceptable grounds as described. But why bother if even afterwards she is absent for long periods you will be back before the courts in a couple of years. Same goes with a re-sponsorship in the parental class if you qualify but there is the whole quota thing eh! If all she wants to do is visit then get a multi entry TRV or if she is a citizen of Singapore then she can travel visitor visa free.
 

azaher1

Newbie
Jul 24, 2015
4
0
Get Her through the USA boarder. So if she has visa great and of not try to let her get one.
Then move to USA, rent a car and get her through the boarder with the confirmation of landing.
They will get her in for sure. They will give her temp resident and then as she is inside you can search how to start the process again
I had this with my daughter.

shonalisarkar said:
My mother was a Canadian PR but she didn't fulfill her residency obligation of spending 730 days in the last 5 years. Even after getting her PR status, she spent most of her time in Singapore. Both her sons are in Canada (myself and my brother). I myself am a Citizen now and my brother is still a PR.

When we applied for her PR renewal, we were hoping that they would renew it under H&C grounds as both her sons are well settled here.

They sent a letter asking her to request for a Travel Document from Singapore. However, a travel document is only issued if you have completed your residency obligation. So obviously, that got rejected as well.

Our only option now is to appeal her case. But I am not sure under what basis we should appeal.


Any advise would be sincerely appreciated!