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PR Card Renewal: Did not meet Residency Obligation 

sushantagarwal
sushantagarwal
Posts: 1


Posted On: 7/15/2019
sushantagarwal
sushantagarwal
Posts: 1
Hello!

We are family of three, who been PRs since 2014. Our present PR cards expire in October 2019. I will lay out some facts pointwise before I ask my actual questions.

1. We landed in Canada on 2014 and stayed for just 23 days.
2. We moved to Canada in August 2017. My son (9 years old now) and my wife have stayed in Canada ever since, except short trips outside Canada three to four times. They will comfortably complete their Residency Obligation in Canada by August 15, 2019.
4. I have been in the process of wrapping up my own business and tending to my parents' poor health in my home country and have been able to spend a limited number of days in Canada with my family. My "days lived in Canada" might only add up to just under 200 days over seven different trips before the expiry of my PR Card. Basically, if you looked at my travel history, it would appear that I'm spending most of my time in my home country, while making periodic (2-6 week long) trips to visit my family in Canada.
5. Other general facts: My son goes to school in Canada for two years now. We own a car, credit cards, etc. My wife has been to college in Canada for a short course in Medical Office Administration. But, has finally chosen not to work for now because she is, at present, the single care-giver for our son. We have rented the same house for two years. We have been continuously researching business ideas. We have recently registered a company in Canada and intend to start a services-oriented business.

Now my questions:
1. Do I have any options by which I can retain my PR beyond the expiry of the card in October? It isn't an option for me to just continue to stay in Canada after the expiry of my PR card, as that would mean not being able to leave Canada for 530 or so days.
2. Is it worth applying for a PR card renewal under the "Humanitarian and Compassionate" eligibility criteria? And if so, would my application take much longer to process than a standard PR card renewal application? And, if so, would I be able to travel in and out of Canada during this period? Would I need to get some kind of travel document confirming that my PR renewal application is pending?
3. If the above question 2 is answered in the affirmative, Is it better to apply for my Wife and Son's PR card renewals first, receive those cards, and then apply for my renewal under H&C criteria?

I know these are a lot of questions. I would be very very grateful for a well-informed response.

Thanks in Advance!
Sushant
link
Moderator
Moderator
Moderator
Posts: 3029


Posted On: 7/16/2019
Moderator
Moderator
Moderator
Posts: 3029
Hello,



Thank you for sharing your situation and question with us.


We can appreciate that you would be interested in this type of information.



The expiry date of the PR card is 5 years after the date it was printed, not 5 years after the date that you become Permanent Residents. A Permanent resident needs to fulfil the two-year (730 day) requirement for the five-year time frame starting from when they become a permanent resident.


It can be prior to the PR card expiry, however, an applicant should be sure that they have fulfilled the residency requirements for the PR status before they submit the application to renew their PR card. If they try to apply for the new PR card without fulfilling the requirements it may cause some difficulties.



If you have more specific questions regarding your situation you may want to inquire with an Immigration Lawyer or reputable Immigration Consultant https://settlement.org/ontario/legal-services/lawyers-and-other-legal-help/find-a-lawyer/should-i-get-help-with-my-immigration-application-from-an-immigration-consultant-or-lawyer/


We hope that you will find this information useful.


Thank you,
Settlement.Org


sushantagarwal wrote:
Hello!

We are family of three, who been PRs since 2014. Our present PR cards expire in October 2019. I will lay out some facts pointwise before I ask my actual questions.

1. We landed in Canada on 2014 and stayed for just 23 days.
2. We moved to Canada in August 2017. My son (9 years old now) and my wife have stayed in Canada ever since, except short trips outside Canada three to four times. They will comfortably complete their Residency Obligation in Canada by August 15, 2019.
4. I have been in the process of wrapping up my own business and tending to my parents' poor health in my home country and have been able to spend a limited number of days in Canada with my family. My "days lived in Canada" might only add up to just under 200 days over seven different trips before the expiry of my PR Card. Basically, if you looked at my travel history, it would appear that I'm spending most of my time in my home country, while making periodic (2-6 week long) trips to visit my family in Canada.
5. Other general facts: My son goes to school in Canada for two years now. We own a car, credit cards, etc. My wife has been to college in Canada for a short course in Medical Office Administration. But, has finally chosen not to work for now because she is, at present, the single care-giver for our son. We have rented the same house for two years. We have been continuously researching business ideas. We have recently registered a company in Canada and intend to start a services-oriented business.

Now my questions:
1. Do I have any options by which I can retain my PR beyond the expiry of the card in October? It isn't an option for me to just continue to stay in Canada after the expiry of my PR card, as that would mean not being able to leave Canada for 530 or so days.
2. Is it worth applying for a PR card renewal under the "Humanitarian and Compassionate" eligibility criteria? And if so, would my application take much longer to process than a standard PR card renewal application? And, if so, would I be able to travel in and out of Canada during this period? Would I need to get some kind of travel document confirming that my PR renewal application is pending?
3. If the above question 2 is answered in the affirmative, Is it better to apply for my Wife and Son's PR card renewals first, receive those cards, and then apply for my renewal under H&C criteria?

I know these are a lot of questions. I would be very very grateful for a well-informed response.

Thanks in Advance!
Sushant
link
babet
babet
Posts: 3


Posted On: 4 days ago
babet
babet
Posts: 3
Hi

Are you able to provide an update on this please. Suggestions welcome

T

sushantagarwal wrote:
Hello!

We are family of three, who been PRs since 2014. Our present PR cards expire in October 2019. I will lay out some facts pointwise before I ask my actual questions.

1. We landed in Canada on 2014 and stayed for just 23 days.
2. We moved to Canada in August 2017. My son (9 years old now) and my wife have stayed in Canada ever since, except short trips outside Canada three to four times. They will comfortably complete their Residency Obligation in Canada by August 15, 2019.
4. I have been in the process of wrapping up my own business and tending to my parents' poor health in my home country and have been able to spend a limited number of days in Canada with my family. My "days lived in Canada" might only add up to just under 200 days over seven different trips before the expiry of my PR Card. Basically, if you looked at my travel history, it would appear that I'm spending most of my time in my home country, while making periodic (2-6 week long) trips to visit my family in Canada.
5. Other general facts: My son goes to school in Canada for two years now. We own a car, credit cards, etc. My wife has been to college in Canada for a short course in Medical Office Administration. But, has finally chosen not to work for now because she is, at present, the single care-giver for our son. We have rented the same house for two years. We have been continuously researching business ideas. We have recently registered a company in Canada and intend to start a services-oriented business.

Now my questions:
1. Do I have any options by which I can retain my PR beyond the expiry of the card in October? It isn't an option for me to just continue to stay in Canada after the expiry of my PR card, as that would mean not being able to leave Canada for 530 or so days.
2. Is it worth applying for a PR card renewal under the "Humanitarian and Compassionate" eligibility criteria? And if so, would my application take much longer to process than a standard PR card renewal application? And, if so, would I be able to travel in and out of Canada during this period? Would I need to get some kind of travel document confirming that my PR renewal application is pending?
3. If the above question 2 is answered in the affirmative, Is it better to apply for my Wife and Son's PR card renewals first, receive those cards, and then apply for my renewal under H&C criteria?

I know these are a lot of questions. I would be very very grateful for a well-informed response.

Thanks in Advance!
Sushant
link