Applied for PR already w/o meeting requirements:(

[sapphiregirl]

Hello everyone,

Firstly this is a great website and I learned a lot reading through few posts. But I wish I had known about this site sooner

So here's my situation:
I came to Canada a month before my PR was about to expire and luckily I made it through at the airport without any problem (I lived out of Canada for almost 4 out of the last 5 years). After my PR expired, I've submitted the application for renewal as I didn't know I had an option of staying here for 2 years before applying for renewal. I've attached a letter along with my renewal form stating my reason for absence from this country (i.e my maternal grandmother was sick, so I accompanied my mother to take care of my grandma. But since her health wasn't getting any better, I had to stay back for longer than I had planned to. And being a student, I already took an year off after high school so I couldn't waste another year which is why I joined in a bachelors degree program in that country itself. Now after obtaining my bachelors degree I'm back in Canada for good).

So my question is now that I have applied for my PR renewal what are my chances of my case being considered on humanitary grounds? Or is there any other way around this situation like withdrawing my PR application or will that only make my situation worse as the CIC might scrutinize why I'm withdrawing my application? Or is my PR going to be revoked? :-(
I checked on the website and they are currently processing application received as of May 16, 2011 and I have submitted my application during the first week on July.

Any help/suggestion/advice in this regard will be much appreciated!

Thanks in advance :-)

P.S: My mother is a PR as well and I just turned 23. So I was a dependant child that whole time and lived abroad with a PR parent, if that helps

[Leon]

As a dependent child, removed from Canada by your parents, you probably have a decent chance of getting it renewed but if you do withdraw your application now, there shouldn't be a problem.  We have seen a few posters on the forum who have also applied without meeting the requirements and who have withdrawn their applications and applied again after they reached the 730 days in Canada.

[sapphiregirl]

As a dependent child, removed from Canada by your parents, you probably have a decent chance of getting it renewed but if you do withdraw your application now, there shouldn't be a problem.  We have seen a few posters on the forum who have also applied without meeting the requirements and who have withdrawn their applications and applied again after they reached the 730 days in Canada.

Thank you so much Leon for the reply. Since you are saying both withdrawal and proceeding with application might work I'm just gonna lay out few details for you and maybe you can suggest me what would be a better option then.

1) I got married few months ago while I was in my last year of bachelors. My husband is back home and I would like to sponsor him now. So if I withdraw my PR application now and proceed with sponsorship, will my failure to meet residency obligations come into light again and is there going to be any problem? Or do I have to wait for 2 years and obtain my PR and then sponsor? (which is gonna be so hard!!)

2) And since I'm married now and just turned 23, it no longer makes me a dependent child. However I was a dependent child when my mother took me back home (I was 22 while entering Canada again as well). So is that an acceptable argument in the eyes of Immigration Officers?

Thanks again! Let me know if my questions aren't clear and I'll try to make them more precise.

[Leon]

1) I am not sure that they check your residency requirements when you sponsor.  If you want to play it completely safe, you wait for 2 years but I have heard of people having sponsored without meeting the residency requirements.

2) You were a dependent child when your mother removed you from Canada and you returned to Canada at the first possible opportunity after becoming an adult.  If that is more or less true, you still have a chance of getting your PR renewed for H&C reasons.

However, I am not an immigration lawyer.  If you feel that you need one, you should contact one but even they don't always agree on what is possible and how cases are handled.

[sapphiregirl]

1) I am not sure that they check your residency requirements when you sponsor.  If you want to play it completely safe, you wait for 2 years but I have heard of people having sponsored without meeting the residency requirements.

2) You were a dependent child when your mother removed you from Canada and you returned to Canada at the first possible opportunity after becoming an adult.  If that is more or less true, you still have a chance of getting your PR renewed for H&C reasons.

However, I am not an immigration lawyer.  If you feel that you need one, you should contact one but even they don't always agree on what is possible and how cases are handled.

Thanks again Leon for the input. Really appreciate it :-)