Hope2016 said:
Thank you so much for your advise. The issue is I am not in Canada now and I can not go back because my PR already expired.
we do not meet the RO requirements and there is a big gap.
They requested a travel transactions record and I was not able to provide it. I mentioned this in the withdrawal letter.
Is it a good idea to contact the call center form outside Canada or this will complicate things more?
Do you think it is better to hire a lawyer immediately?
To be clear, I do not offer any advice. I am
NOT an expert. I am not qualified to give personal advice.
For personal advice you should hire a lawyer.
I can, as I previously have, offer some observations based on my general understanding:
Since you are both in breach of the PR Residency Obligation and you are outside Canada,
the PR card application is not your problem. Inadmissibility is your problem, unless you have good H&C reasons justifying not returning to Canada sooner.
I previously posted:
dpenabill said:
If you are not currently in compliance with the PR RO, how much in breach you are is a significant factor in what risks there are for you.
That was incomplete. You did not mention being outside Canada. That is a huge factor. Being in breach
and being outside Canada dramatically elevates the risks.
Indeed, it appears that your PR status is very much now at risk. You are inadmissible, due to not being in compliance with the PR Residency Obligation, and even if you can manage to travel to a POE for Canada, the odds are quite high or even very high you will be issued a 44(1) Report for inadmissibility and promptly, if not almost immediately, issued a Removal Order. That Removal Order will not be immediately enforceable, so you would be allowed to enter Canada, and you can then appeal. But unless you have compelling H&C reasons justifying your absence, the ultimate outcome is likely to be the Removal Order becomes enforceable and your PR status is lost.
If you apply for a PR Travel Document, again unless you include persuasive proof of compelling H&C reasons justifying your absence that is likely to be denied. If it is denied you can appeal. If you lose the appeal, or do not appeal, this will terminate your PR status.
Your application for the PR card has, in effect, made sure whichever way you attempt to return to Canada you are flagged for PR RO concerns. This is done, how it is. Attempts to withdraw that application are of no import now.
A lawyer may be able to help. But even this depends on the particular circumstances of your case, and in particular on the weight of H&C reasons you have for justifying absences.
If you believe you have a good explanation for not returning to Canada sooner, it may indeed be worth your while to contact and hire a lawyer.
Beyond that, again a key factor is the extent to which you do not meet the PR Residency Obligation, the extent to which you are short.
Another potential factor: if (again
IF, I do not know whether this is relevant to you at all),
IF the dates of presence you declared in the application for the PR card were
not accurate,
IF you omitted some absences, that could complicate things . . . and particularly if there are any significant (more than a few days) discrepancies. Large discrepancies may risk inferences of willful misrepresentation, which would be not good, very much not good.
Regarding attempt to telephone call centre: my understanding is this cannot be done from outside Canada.
I previously posted:
dpenabill said:
You can attempt to talk to a representative at the Call Centre, attempting to get the representative to take a look at your actual case in the system.
Again, you did not mention being outside Canada. Makes a big difference. This illustrates one among many reasons why even if someone here is qualified to give personal advice, this forum is
not appropriate for obtaining personal advice: there are almost always a wide range of potential factors which can have a big impact on how things go, way too many possibilities to consider let alone adequately vet in the context of a forum like this.
The best a forum like this can offer is access to additional information which individuals can use to better understand their situation and pursue additional information or resources to help them navigate the system.
