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Under appeal,applying for 1 year valid PR card
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Nasd beg View Drop Down
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Joined: 04 Jan 2015
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    Posted: 04 Jan 2015 at 3:29pm
I have been reported for voilation of residency obligation in March 2014,I stayed only 16 months in 5 years till march 2014,my appeal is pending at IAD.Meanwhile my PR card is expiring in Feb 2015.I am in canada right now and plan to apply for a PR card of one year validity.Because I will be travelling in march 2015.My question is,I have seen the PR renewal form.It mentions Additional documents of proof of residence in Canada in the past five (5) years. I dont have these documents .Will this applies in my case beacuse i already did not met residency requirement and I am applying for a 1 year validity PR card.
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dpenabill View Drop Down
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Points: 6407 		Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 05 Jan 2015 at 2:03pm
You can only provide what you have, and explain what you do not have and why.

Obviously, though, overall (including the appeal) this is a situation in which obtaining the assistance of a licensed lawyer is highly recommended, and following the advice of the lawyer in regards to this particular matter.

You may get more feedback by posting your query in the Canadavisa.com forum for Permanent Residency Obligations.

Obviously you were reported for the PR Residency Obligation breach while you had a valid PR card in possession. There are not many personal reports about how this happens, so you could offer some information that may help others if you offer some details . . . such as whether the report was issued at a POE, and if so was there a Removal Order then issued, or did the report get issued later, and so on. Any insight into what triggered the issuance of the report would be appreciated.
Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration
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Nasd beg View Drop Down
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Points: 3 		Post Options Post Options   Thanks (0) Thanks(0)   Quote Nasd beg Quote  Post ReplyReply Direct Link To This Post Posted: 05 Jan 2015 at 5:03pm
On March 2014 I landed at Montreal airport,the officer calculated how many days i stayed in Canada in previous 5 years.I almost stayed for 16 month in 5 years,which turns to be violation of residency obligation as we require  atleast  2 years in previous 5 years.I was issued departure order at the  airport and was given time to appeal to IAD against the departure order.Its been 8 months my appeal is still pending at IAD.If any person is under appeal he can apply for one year validity PR card,and now I applied for one year PR card,I hope I they issue me the PR card.And what chances are there that they will issue me a card?
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dpenabill View Drop Down
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Points: 6407 		Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 05 Jan 2015 at 6:04pm
As I noted, there are not a lot of reports about this kind of situation here in this forum or, for that matter, in the other forums I am familiar with. That said, as I mentioned, there is a more robust exchange of related information in the PR forum at Canadavisa.com.

Your explanation about being issued a departure order at the POE is helpful because there are some who urge PRs to not worry about the PR Residency Obligation, that POE officers usually look the other way. It is my impression that your situation is not unusual, that many PRs who have failed to comply with the PR Residency Obligation encounter this problem when examined at a POE.

I believe you are entitled to the short-term PR card and should be issued one, but how these things go in practice I do not know.

If your appeal is not decided before you travel, be aware that an extended absence could have a negative influence on the weighing of H&C factors when the appeal is decided.

You probably know, but as a reminder, the time you are spending in Canada now will not count toward compliance with the PR Residency Obligation (unless you win the appeal based on H&C grounds).
Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration
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