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renew issues...desperate for advice!

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zz290 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote zz290 Quote  Post ReplyReply Direct Link To This Post Posted: 28 Aug 2010 at 12:42am
Thanks, Canvis2006! I understand what you said. I have tried my very best in the past four years. I had courses to do in the states, so...You suggested me better have 'a lot more' than 730 days before applying. Can you specify that a bit: like approximately how many more in your opinion? I do need to go back to my school once in a while in order to finish what is left for my degree requirement so getting the renewal done as soon as possible is very important for me....

Also, you mentioned 'all the documents showing residency/life/ties in Canada', can you give me some examples? I have no clue on this...Thanks a lot.

I'd really appreciate more opinions/suggestions from the forum! Thanks!
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VanCan View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote VanCan Quote  Post ReplyReply Direct Link To This Post Posted: 24 Jun 2011 at 1:08pm
I have a rather complicated (for me) yet straight forward (for the law) problem:

I landed on the 29th of November 2006 and I have been issued my PR card that expires in Dec 2011.
I was supposed to move to Canada in March of 2007 permanently but since my father was sick I had to take up an assignment to go to India to take care of him as he wanted me to be around. I was his favorite child.

I moved there but couldn't return due to various personal and family problems including of course my dad's serious condition.

He however passed away in June 2010 after a very painfully long ordeal and fight with death.

I then put a closure to all my obligations and moved to Canada in January of 2011. My family is here too but they joined me in April 2010. Our PR cards all expire in Dec 2011. I was told that the PR would be renewed on compassionate grounds but for a change the lawyer I was talking to says it can be very risky to apply for a renewal now.

What do I do now?

Pleeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeease advise!!!!!

Thanks
C
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dpenabill View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 24 Jun 2011 at 2:52pm
Wait.

When you are in compliance with the residency obligation, and not before, then apply.

That is, if you are in Canada, and you make it sound as if you are, then all you have to do is remain in Canada until you have been in Canada for at least 730 days. Then apply to renew the PR card.

With a valid PR card in your possession now, you should be sure to get things like your health card and drivers license if you haven't yet, and your SIN card if for some reason you do not have that yet. Once you have these things, so long as you stay in Canada not having a valid PR card in possession is no big deal.

I do not understand that your family joined you "here" in April 2010, when you were not "here" then. Perhaps that was a typo (was it April 2011?).

If you are not presently in Canada, you do have problems and the odds are you will lose PR status. Yes, H & C grounds are considered, but there is a balancing analysis involved in that and while you have shared only sketchy details (which is advisable in a forum like this), they tend to suggest the H & C argument will probably not overcome the extent of the absence . . . a big part of that equation is the extent to which the loss of PR would obstruct you from an established life and family in Canada.
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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VanCan View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote VanCan Quote  Post ReplyReply Direct Link To This Post Posted: 24 Jun 2011 at 5:39pm
Thanks for the prompt response.

I am in Canada now. 

I landed in Canada in 2006 and got my PR card. I was here only for a week then. I went back to the US where I had applied from and packed my stuff to move to Canada. 

However a sudden change in plans forced us to go to India. We didn't anticipate that we would stay there for 3 odd years but circumstances forced us to.

Then I moved to Canada in Jan 2011 and so I have physically been present here for more than 150 days. My family joined me in April (wife Indian, daughter American) and their PRs along with mine are set to expire in Dec. 

All of us have SINs, we both have Driver's licenses, we all have our health cards etc.

Applying for a PR after living here for 730 days would be ideal but my job requires me to travel to the US. So I don't know what to do.

Thanks
VC
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dpenabill View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 24 Jun 2011 at 8:20pm
You are putting yourself at significant risk in traveling to the U.S. The fact that your family is settled here, now, will up the weight of the H & C argument, in your favor, at the POE, but you could be issued a removal order on any attempt to return to Canada.

The fact that all of you were allowed to enter Canada despite clearly being in breach of the residency obligation is a good sign. You may want to do a request to obtain a copy of your FOSS records to see just what information has been put in your FOSS record. That would give you more information but still no guarantees as to how it would go upon attempting to enter Canada the next time you go abroad.

If you can put off another trip to the U.S. for a long while, even if not long enough to reach the 730 day threshold, that might help. But the POE dynamic could very easily change and become far more problematic once you are no longer in possession of a currently valid PR card . . . and again, it is really too soon to apply to get the PR card renewed.

If your work requires frequent and/or extended travel to the U.S., you really do have a serious problem. As good as the odds might get, a lot of travel abroad (and make no mistake, traveling to the U.S. is traveling abroad) or extended stays abroad, are very likely to aggravate things at the POE.

Re-assignment at work or finding another job may be the only way you can proceed with assurance. Otherwise, you are taking big risks.

A lot may depend on what impression you make. It appears that H & C arguments can and do go a long way at the POE, but again that may depend a great deal on your being in possession of a currently valid PR card, so once that expires . . .

Sounds like you may need to make some difficult choices.
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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Naseh View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Naseh Quote  Post ReplyReply Direct Link To This Post Posted: 25 Jul 2011 at 3:10am
Hi my Pr is expiring on 30july 2011 but i already applied for the pr renewal on 22 June 2011 but i did not meet the residential obligations.I have to travel urgently please help me with this if i will not go then there will be huge family problems for me .

please help me i really need your help.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Harmonia Quote  Post ReplyReply Direct Link To This Post Posted: 25 Jul 2011 at 9:43am

Naseh - your most recent post does not sound promising.  You applied to renew your PR *before* meeting the residency obligations.  Depending on how far away from the 730 days you are, and how lenient the I/O's are feeling when the receive your applicaiton, you might be subjected to a PRD (permanent residency determination). 

I was informed by an I/O that there are 2 relatively quick ways to have a PRD take place - the first is applying for a Travel Document, the second is applying for the PR card / or card renewal.  If you don't meet the residency obligations, they could issue a removal order... which means you would have to appeal the order (likely under H&C grounds).  If the appeal is not successful, you could lose your PR status.
 
How far away from 730 days were you?  Even if you sent it for urgent processing (i.e. proof of travel included) - the fact that you don't meet the 730 days will likely trigger an investigation.
Citizenship App Sent: December 2012
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