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kundp Posts: 1
Posted On: 12/8/2014
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Hello all,
I am a Syrian national and have been a Canadian PR holder since Nov 2011.
About the same time, Syrian crisis started. War spread all over many cities and villages destroying basic livelihoods for millions.
At that time, I couldn't leave Syria and leave my old retired parents behind so I had to stay with them in Damascus so I can support them.
My PR card is going to expire in 2 years (minimum residency required to renew is 2 years) and now I have to decide to either move to Canada or stay with my parents that cannot be left alone. It is very difficult decision.
My question is that can I renew my PR card even if I don't have the minimum residency requirements (2 years) on the humanitarian and compassionate grounds?
I appreciate any help on that case.
Jenkly
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Moderator Moderator Posts: 4075
Posted On: 12/11/2014
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Hello Jenkly,
Thanks for sharing your situation and question with us. We can appreciate that you would be concerned about this situation.
In terms of trying to renew your PR card when you have not met your residency requirements, you can find some very detailed information on this in the the CIC ENF 27 Permanent Resident Card Operations Manual, in the 8.7. Procedures for special referral situations - Discrepancies in residency obligations. Here is an excerpt,
Discrepancies in residency obligations
If the PR card applicant does not appear to meet the residency requirement (e.g.,following an examination of the passport and travel history, input from the visa office, etc.) and insufficient H&C grounds are identified to overcome this shortfall, the officer writes a report under A44(1). The report goes to a Minister’s delegate, who may issue a removal order under A44(2). If the PR card applicant is inadmissible on grounds other than residency, the case will be assessed by the Minister’s delegate and referred to the Immigration Division. During this time, the applicant is still entitled to a one-year card, where there is no final disposition on the case whether it is at the report stage, the admissibility hearing stage or the removal stage. Similarly, if the PR card applicant is the subject of a negative determination under A46(1)(b), where there is no final disposition, the client is also entitled to a one-year card.
Pending or unresolved A27/A44 reports
The CPC-PRC contacts the CIC where the report originated. If there is no response after seven days and the report is over five years old, the application is processed and a five year card is issued. If there is no response and the report is less than five years old, a one-year card is issued.
It is also important to note that you cannot apply to renew a PR card from outside Canada.
According to the ENF 27 Permanent Resident Card manual,
R56(2) states clearly that a PR card application must be made in Canada.[...]The CPC may refer a case to a local CIC if all or part of the application originated from outside Canada, and if there are questions as to the client’s identity, status or residency history, or the authenticity of the documentation. Clients must report in person to pick up their card in Canada, in accordance with R58(3).
Some of our users have reported that they have been able to contact CIC recently from abroad by dialing 1 613 944 4000. Listen to the options to get to CIC.
Long distance charges will apply.
Trying to present H&C grounds related to permanent residency can be complicated. We suggest that you may also want to contact a lawyer who is familiar with Canadian immigration issues for some assistance.
I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.
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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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