residency obligation not met. removal order

[rnldyal0326]

Hi. I'm writing this on behalf of a friend of my mom.

He applied for renewal of his pr in April and he checked the web and it said it was approved and they

are gonna send a letter for him to pick it up. He waited for the letter and he had to take care of some

business in his home country so he left. In August, he applied for travel document so he can come back

to Canada and his application was refused they said he didn't meet residency requirement. Immigration

officer sent him a letter saying that if he wants to appeal, he can do that within 60days. He then applied

for travel document again and it was approved this time so he came back to Canada. He didn't quite

understand the fact that he had to appeal the decision so he just waited for the letter to tell him

when to pick up pr card. He waited for days and days and it didn't come so he called Immigration. The

officer said that they are gonna send a letter saying when to pick it up so tell him to wait for more days.

He went to downtown office of Immigration and asked the status of pr card. They said that they sent a

letter and he didn't receive anything from them. They gave him a number to contact. Also, they said that

he is not permanent resident anymore and should leave Canada immediately.

How can something like this happen? Is it even possible?

How can Immigration change their mind and not giving the pr card that was already approved?

We are thinking of appeal to removal order but he didn't receive anything in writing so he doesn't know

what is going on right now.

What is the best thing he can do in this stage?

Is it better to appoint a lawyer who can represent him?

He can't afford really fancy one because he isn't that rich.

Please reply. Thank you in advance.

[Leon]

Do you know for sure what eCas said about the status of his PR application?  Maybe it said something like "Decision made, you will be notified" or "File transferred to local office, you will be notified" and he took it to mean that his PR card is approved and they will let him know when to pick it up when it really meant that they were planning to do an RQ.  It would be very uncommon for a PR card renewal to be approved when the person did not meet the residency requirements and did not hand in any evidence of mitigating factors for why they didn't.

First of all, he should not have applied without meeting the requirements, he should have waited.  If he made the mistake to apply early, he should have withdrawn his application or at the very least stayed in Canada while waiting.  It is a fatal error when you already don't meet the residency requirements that you leave while your application is being processed.  It makes them feel that you don't really care about your PR at all, you don't meet the requirements and yet you have left again.

A travel document can be given to a person who is under appeal, especially if there were in Canada in the previous year.  That doesn't really mean they had approved his PR card.

I do not know what is going on in his case.  He can try to talk to his MP and your mother to hers to see if they can make an inquiry into his case.  He should not assume that he has lost his PR unless he has something in writing though.  However, if they revoked it, it is their right.  He did not meet the requirements, those are the rules.