Re-apply for PR (EE)

[stan_shk]

Hello,

I am considering voluntarily relinquishing my PR of Canada, having not been able to maintain the residence requirement during the ongoing pandemic (I do have an underlying health issue which increases my risk in traveling/relocating during this pandemic, even though I am vaccinated over 6 months ago).

While this is a very hard personal decision, I aspire to re-apply for PR in future and if selected, move.

If I re-apply for PR in future, does the fact that I voluntarily relinquished my earlier PR jeopardize my future PR application chances of selection/decision? I would really appreciate some information on this.

Cheers.

 

[Naturgrl]

Hello,

I am considering voluntarily relinquishing my PR of Canada, having not been able to maintain the residence requirement during the ongoing pandemic (I do have an underlying health issue which increases my risk in traveling/relocating during this pandemic, even though I am vaccinated over 6 months ago).

While this is a very hard personal decision, I aspire to re-apply for PR in future and if selected, move.

If I re-apply for PR in future, does the fact that I voluntarily relinquished my earlier PR jeopardize my future PR application chances of selection/decision? I would really appreciate some information on this.

Cheers.

Renouncing PR doesn’t jeopardize a future application as long as you have the CRS scores for an ITA.

 

[stan_shk]

Thanks. But does it impact the outcome/decision making? I.e. Does previously voluntarily relinquishing the PR owing to inability to maintain the RO result in questions like "why should a PR be granted when you couldn't maintain the RO for the last one?".

Rather than arriving late and going through the residency assessment and H&C process (more uncertainty and anxiety), I prefer re-applying if I qualify again and move if re-application is approved.

 

[scylla]

Thanks. But does it impact the outcome/decision making? I.e. Does previously voluntarily relinquishing the PR owing to inability to maintain the RO result in questions like "why should a PR be granted when you couldn't maintain the RO for the last one?".

Rather than arriving late and going through the residency assessment and H&C process (more uncertainty and anxiety), I prefer re-applying if I qualify again and move if re-application is approved.

There is no impact to the outcome of the EE application. Your application would be treated the same way as any other.

 

[stan_shk]

I consulted a well respected immigration consultant who reckoned that re-application may pose a challenge as to why should the PR be approved when I wasn’t previously able to maintain the RO.

Hence I have a persisting question. I do understand that no one here can provide a full guarantee on whether or not that could be the case, but are there any codified rules which state whether a PR re-application can be declined if the applicant previously held a PR and was unable to maintain the RO? Alternatively, can the absence of such codified rules be interpreted as “there are no grounds for a decline purely on the basis of not being able to maintain the RO on a previous PR that has been voluntarily relinquished.”?

Has anyone’s PR re-application been declined because they have previously had a PR and were unable to maintain the RO? Conversely, has anyone’s PR re-application been approved?

IMHO this rings a bell as H&C. My understanding is if an applicant voluntarily relinquishes their PR because they are unable to maintain their RO, and re-apply when their situation changes (i.e. when they are sure they can indeed maintain the RO), their new application ought to be considered on its own merits. Sometimes, the timing is just not meant to be.

 

[scylla]

I consulted a well respected immigration consultant who reckoned that re-application may pose a challenge as to why should the PR be approved when I wasn’t previously able to maintain the RO.

Hence I have a persisting question. I do understand that no one here can provide a full guarantee on whether or not that could be the case, but are there any codified rules which state whether a PR re-application can be declined if the applicant previously held a PR and was unable to maintain the RO? Alternatively, can the absence of such codified rules be interpreted as “there are no grounds for a decline purely on the basis of not being able to maintain the RO on a previous PR that has been voluntarily relinquished.”?

Has anyone’s PR re-application been declined because they have previously had a PR and were unable to maintain the RO? Conversely, has anyone’s PR re-application been approved?

IMHO this rings a bell as H&C. My understanding is if an applicant voluntarily relinquishes their PR because they are unable to maintain their RO, and re-apply when their situation changes (i.e. when they are sure they can indeed maintain the RO), their new application ought to be considered on its own merits. Sometimes, the timing is just not meant to be.

I've never seen an application declined here due to this situation.

If the immigration consultant says this is going to be a challenge, ask for actual proof. Ask him to send you the link in the IRCC manual that mentions this and gives specific instructions to IRCC officers to consider this in determining the outcomes of an application - or to send you a link to a canlii case where someone has been refused for this reason and has appealed. If there are codified rules, they will be in an IRCC manual which are available online and accessible to everyone. If there are cases where someone has been refused for this reason, then there would be evidence of these cases being appealed through canlii.

I don't think the consultant is going to be able to provide you with any kind of evidence because this isn't a real concern. I personally think the consultant is creating completely unnecessary stress where no issue exists. That's nice that the consultant "rekons" but where's the actual evidence of this happening? "Rekoning" = guessing = not facts based. I hope you haven't paid this person for their advice.

Nothing about this is H&C. A new application is a new application. As long as you meet the requirements of the program, have enough points, etc. - you will be approved. The fact you were previously a PR is irrelevant. IRCC doesn't care that you were previously a PR. All that matters to IRCC is if you meet the program requirements.

 

[stan_shk]

Thanks for your reply. It indeed clarifies my above question.

I have another question. In future, if I were to apply for study in Canada or to work in Canada, is a temporary visa application jeopardized by the fact that I have had a PR in the past, and that I had intended to move permanently (therefore it doesn't show temporary intent)?

Again, this is a bit confusing because there are CEC streams which enable precisely folks who have worked on temporary status and so it is common knowledge that temporary visa holders at some point may also apply for permanent status.

 

[stan_shk]

Can having a former PR impact a future application for temporary visa to Canada (for instance, to study?)

 

[Naturgrl]

Can having a former PR impact a future application for temporary visa to Canada (for instance, to study?)

No