Non-Compliance with Residency Obligation and PR Renewal

[akhan101]

Hello
My PR is expiring soon and I've not been able to meet my residency obligation. I'm falling short by three months. I had to move overseas because of work and my financial condition as I had lost my job in Canada. However now I want to move back to Canada permanently. My question is:

1) Should I apply for PR renewal?
OR
2) Should I surrender my PR and re-apply?

If i go by options 2 what is the process to surrender PR? What are the chances of getting selected in Express Entry if one has over five years of work experience (both overseas and Canadian)?

Thank you and appreciate your responses.

 

[rajkamalmohanram]

Hello
My PR is expiring soon and I've not been able to meet my residency obligation. I'm falling short by three months. I had to move overseas because of work and my financial condition as I had lost my job in Canada. However now I want to move back to Canada permanently. My question is:

1) Should I apply for PR renewal?
OR
2) Should I surrender my PR and re-apply?

If i go by options 2 what is the process to surrender PR? What are the chances of getting selected in Express Entry if one has over five years of work experience (both overseas and Canadian)?

Thank you and appreciate your responses.

You don't lose PR status automatically. At the time of renewal it when you try to re-enter Canada, an officer has to assess the situation and then make a decision.

If you already know that you do not qualify for PR renewal, you can voluntarily renounce your PR status in Canada and reapply.

http://www.cic.gc.ca/english/information/applications/guides/5781ETOC.asp

You should note that the exceptions are made under compelling circumstances, most of the time. If you have any compelling humanitarian/compassionate cause for not meeting the RO, then it might be possible to bring it up but in your case, the reason is not compelling to build a case.

Express entry is points bases. Work experience is only one factor - there are many others that need to be taken into account like your language test scores, age etc. You can read more about the process here ->

https://www.canadavisa.com/canada-immigration-discussion-board/threads/express-entry-in-a-nutshell.394158/

Wish you good luck.

 

[Bs65]

You should only consider renouncing your PR status as a last resort.

Whilst your PR card is still valid you at least can still travel back to Canada and having failed the RO it will be upto the CBSA officer at border whether they report you or not no way to predict. If you are not reported then you need to stay in Canada for 2 plus years to reset your RO and not interact at all with immigration such as applying for a new PR card.

If you leave it until after your PR card has expired then you will need a PRTD to travel back which in the application will highlight that you have failed the RO leading to your PR status being revoked.

Financial and work issues are not generally considered for H&C applications.

As per previous post by all means you could look at renouncing your PR status and reapplying from scratch although no guarantees you will succeed so at least you should check your points score in advance for EE or look at the Canada Experience program, all this before taking the final decision to renounce your PR status which should be your last option.