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Residency requirements, Government in Canada, Bringing child born overseas...
In person interview in local office for PR card
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Kalandar Posts: 1
Posted On: 10/28/2022
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Need your expert advise in this situation
Last year I was stuck in my home country for 1 year 8 months due to pandemic and my PR card was about to expire hence I applied for my PR card renewal from my home country in April 2021 and came back to Canada in July 1 2021. My total days in Canada were 733 in the last 5 years from the time I applied. Now after waiting for over one and half years I am getting a letter from IRCC on October 25, 2022 for an in-person attendance on Nov 17, 2022 and then after the examination the office will determine if they would issue me a 5-year or 1-year PR card. I am asked to carry all the documents including residency proofs.
The letter says " In order for IRCC to determine if the PR card that was created for you has the appropriate period of validity and can be distributed to you, or if a PR card of a different validity period should be prepared and issued to you, your attendance is required, as per subsection 58(3) of the Immigration and Refugee Protection Regulations (IRPR):....
I have added 450 plus days after returning to Canada with a job in hand, and calculating 5 years prior from the the day of interview the number of days I am in Canada is more than 1022, based on this case, can I be issued a PR card with a 5 year validity or they can still report me due to not meeting my residency obligation based on the days I had at the time of application.
Would appreciate your advice on what can be done in this situation to retain my permanent residence status and convince the officers
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Moderator Moderator Posts: 4145
Posted On: 12/20/2022
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Hi there,
Thank you for sharing your question and situation with us.
If you do not met their residency requirements, it does not necessarily mean you automatically lose PR status. An official process must begin for one to lose PR status. IRCC may also take humanitarian and compassionate reasons into consideration for your extended stay outside of Canada. This is up to IRCC and it would be best for you to contact the local visa office or IRCC via web form to get information and advice specific to your situation.
You may find helpful information in the Community Legal Education of Ontario article, What are humanitarian and compassionate reasons?. Here is an excerpt:
An H&C applicant can give any reasons that they believe will support their application.
Anything that makes others feel compassion and want to help can be the basis for a successful H&C application. For example, the hardship an applicant will face if they have to return to their home country is often a reason that is used.
[...]
Some of the things that an applicant might give as reasons include:
- how established or settled they are in Canada
- their ties to Canada, including family ties
- what would happen if family members were separated
- their physical health or mental health concerns
- the impact on their lives of family violence they have experienced or will experience if they have to return to their home country
- hardship or difficulties they might face if they were sent back to their own country
The decision on an H&C application is "discretionary". This means that immigration officers have a lot of freedom in deciding these applications. But they must base their decisions on the evidence and they must consider all of the evidence as a whole when deciding whether the application is strong enough.
We hope this information is helpful. You may also wish to consult a reputable and registered immigration consultant or an immigration lawyer about this situation.
If you have any additional questions, please feel free to post them here.
Sincerely,
Your Settlement.Org Team
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