PR card renewal

Shoayeb wrote: I am a permanent resident to Canada. I entered into Canada on March 2009 as a permanent resident and left Canada April 2009. I returned to Canada on August 2013 and from that time I am living here and as a permanent resident. On March 2014 I have applied for renewal of my pr card though that time I have not met the requirement of 730 days. After a long process 2 days ago immigration officer issued a departure letter to me as I have not met the residency obligation during the period when I applied for renewal of my pr card. They gave me an appeal form to appeal within 30 days. I want to appeal that decision. In the meantime can I again apply for renewal of my pr card as I am living in Canada more than 800 days within last 5 years period (August 2013- November 2015). If I appeal with the help of professional lawyer, can I leave Canada during the appeal process as my family members and my child live another country?

See a lawyer as soon as possible.

Obviously there are many additional details in your situation which are relevant and which may determine the ultimate outcome. Mostly you need a lawyer to go over all the details, confidentially, that is in strict confidence with you. A key detail that matters is the date the Residency Determination is based on. That is the date that counts the most. If you were present in Canada less than 730 days within the previous five years as of that date, you were in breach, and the departure order is likely to be upheld unless you have persuasive H&C reasons for retaining your PR status.

Time spent in Canada since the determinative date in the Residency Determination will NOT count toward compliance with the PR Residency Obligation.

You should be able to obtain a one-year PR card while the appeal is pending, which would allow you to leave and return to Canada up to when the appeal is decided. If you lose the appeal you lose PR status. But again, see a lawyer and go over all this with the lawyer.

If you do not appeal, you lose PR status and the departure order is enforceable as of the 1st day after the 30 day period you have to make an appeal.