PR Obligation not met - Relinquish PR Card?

[harupit200281]

Hi All,
Quick history:
Became PR in 2010. Stayed in canada for total of close to 100 days till now. Applied to a reputed Business school in Canada for MBA. Did not get admission hence moved to a better B-school out of canada. (I was under impression that days spent out of canada for a professional course counts towards residency obligation - dont remember from where i got this idea. I believe from some forum or so.) However, that is not the case so, clearly do not meet the RO.

Came back to Canada few days back. Agent at airport explained that I have two options: 1. She reports me at border OR 2. I relinquish my PR. In case if I relinquish PR, I will have 30 days to withdraw my application of relinquishment. However, a report will be generated on the day I withdraw my PR. Someone from CIC will call me to further process relinquishment. Hence, I decided to relinquish PR.

The biggest hurdle was a decent job in Canada. I have recently been hired by a company here. Now, I want to withdraw my application of reliquishment. I appreciate if someone can advise:

1. what are my chances of staying back in Canada? Or will they force me out?
2. if i dont withraw my application, can I travel outside Canada for 4-5 days? I mean will they allow me to use my PR card to re enter canada? I still have my PR card with me.

Thank you in advance for answer. This forum has always been very supportive.

 

[scylla]

1. If you decide not to relinquish your PR status, then you will still have the issue to deal with of not meeting the residency requirement. You'll have to appear at a hearing to argue why you should be allowed to keep your status. Based on what you have written, you have no humanitarian or compassionate reasons for having failed to meet the RO. So based on this, you should expect to lose your status anyway and I'm not sure that stopping the relinquishment application will really get you anywhere.
2. I don't know. You should probably expect issues at immigration since they will be able to see your relinquishment in your computer and if you're relinquished then you're saying you are not a PR anymore and you therefore shouldn't be using the PR card.

 

[Leon]

You have two options, either you withdraw the relinquishment giving all your good reasons for why you were unable to meet the RO or you give up your PR peacefully and try to find a way to apply again.

 

[Msafiri]

....
1. what are my chances of staying back in Canada? Or will they force me out?
2. if i dont withraw my application, can I travel outside Canada for 4-5 days? I mean will they allow me to use my PR card to re enter canada? I still have my PR card with me.

Thank you in advance for answer. This forum has always been very supportive.

1. Your chances depend on if you are able to convince the IAD at appeal and if bounced the FC if they accept a further appeal why you should be given a pass on breaching the RO. Yours is due to 'lifestyle' reasons and this get bounced so all you are doing is buying time which in itself is not a negative. You can work, go to school etc until the due process is completed. I know some people that have worked explained their situation to their employer and got sponsored for a WP and relinquished PR back to the TFW route then PR again. Not everyone can handle the unknown to the appeal time.

2. Legally until appeal is disposed off you are a PR (albeit your days in Canada post report do not count towards the RO unless you win the appeal). So you can travel back and forth but such is going to be negative factor on an already slim to none scenario of getting any joy from the appeal. You will also have hassle at the border with being sent to Secondary Inspection. An added risk of travel is what happens if you lose/damage your PR Card and/or can't get into the US for a land border crossing where you are not visitor visa exempt to Canada?