PR renewal submitted but residency obligation not met. please help

[yokona]

I've landed in Canada September 24, 2007 then I went back to my Country March 2008 and stayed there until May 2012 to finish up personal businesses.My PR expired September 2012. without knowing or reading forums I submitted a renewal request through mail and also online. This morning I got an email stating that they cannot process my application at this time because of the obvious reason and that I have to contact customer service.

Is there anyway that I can successfully renew my residency or is this it for me? please help, if only I found this forum a few weeks back...

 

[canuck_in_uk]

I've landed in Canada September 24, 2007 then I went back to my Country March 2008 and stayed there until May 2012 to finish up personal businesses.My PR expired September 2012. without knowing or reading forums I submitted a renewal request through mail and also online. This morning I got an email stating that they cannot process my application at this time because of the obvious reason and that I have to contact customer service.

Is there anyway that I can successfully renew my residency or is this it for me? please help, if only I found this forum a few weeks back...

Unless you can prove strong Humanitarian and Compassionate reasons for being unable to meet the residency requirement, then yes, it is pretty much it for you. You can expect them to revoke your PR.

 

[yokona]

So as of now, I'm just waiting for a notice to revoke my PR status? can lawyers help me with this? what are the chances that they will overlook my application?

 

[canuck_in_uk]

So as of now, I'm just waiting for a notice to revoke my PR status? can lawyers help me with this? what are the chances that they will overlook my application?

You do not meet the residency requirement and no lawyer can undo that unless you have H&C reasons. CIC won't overlook your app, as it seems they have already realized you fail to qualify. You should have waited until you met the residency requirement before renewing your PR.

 

[amjad1002]

hello
my question is regarding PR expairy
me and my wife living other country and we have applied my PR case and now waiting for furyher procese i want to know that after getting PR card if me and my wife want to go other country for work so there will be any problem ?
like if my PR expair so can i renew my PR?

 

[yokona]

You do not meet the residency requirement and no lawyer can undo that unless you have H&C reasons. CIC won't overlook your app, as it seems they have already realized you fail to qualify. You should have waited until you met the residency requirement before renewing your PR.

so does pregnancy count as a H&C?

 

[canuck_in_uk]

so does pregnancy count as a H&C?

No, that wouldn't be considered H&C.

 

[yokona]

No, that wouldn't be considered H&C.

IP 5 Immigrant Applications in Canada made on Humanitarian or Compassionate Grounds

relationship or abusive situation to remain in Canada; this could put them in a situation of
hardship.
Officers should be sensitive to situations where the spouse (or other family member) of a
Canadian citizen or permanent resident leaves an abusive situation and, as a result, does
not have an approved sponsorship.
Officers should consider the following factors:
• information indicating there was abuse such as police incident reports, charges or
convictions, reports from shelters for abused women, medical reports, etc.;
• whether there is a degree of establishment in Canada (see Sections 11.4 Prolonged
stay or inability to leave has led to establishment and 11.5, Assessing applicant’s
degree of establishment);
• the hardship that would result if the applicant had to leave Canada;
• the laws, customs and culture in the applicant's country of origin;
• the support of relatives and friends in the applicant's home country; and
• whether the applicant has children in Canada or/and is pregnant.

I found this at cic website.

 

[zardoz]

Nice try, but that will not work in your case.. It is a contributing factor in an H&C case, not a determinant.

 

[canuck_in_uk]

IP 5 Immigrant Applications in Canada made on Humanitarian or Compassionate Grounds

relationship or abusive situation to remain in Canada; this could put them in a situation of
hardship.
Officers should be sensitive to situations where the spouse (or other family member) of a
Canadian citizen or permanent resident leaves an abusive situation and, as a result, does
not have an approved sponsorship.
Officers should consider the following factors:
• information indicating there was abuse such as police incident reports, charges or
convictions, reports from shelters for abused women, medical reports, etc.;
• whether there is a degree of establishment in Canada (see Sections 11.4 Prolonged
stay or inability to leave has led to establishment and 11.5, Assessing applicant's
degree of establishment);
• the hardship that would result if the applicant had to leave Canada;
• the laws, customs and culture in the applicant's country of origin;
• the support of relatives and friends in the applicant's home country; and
• whether the applicant has children in Canada or/and is pregnant.

I found this at cic website.

Read the full explanation. That applies only if you are in Canada in an abusive relationship and are not a Canadian citizen or PR. That does not apply to you, as you are already a PR and were outside Canada.

Family members in Canada, particularly spouses, who are in abusive relationships and are not permanent residents or Canadian citizens, may feel compelled to stay in the relationship or abusive situation to remain in Canada; this could put them in a situation of hardship. Officers should be sensitive to situations where the spouse (or other family member) of a Canadian citizen or permanent resident leaves an abusive situation and, as a result, does not have an approved sponsorship.

 

[yokona]

Nice try, but that will not work in your case.. It is a contributing factor in an H&C case, not a determinant.

ok so here is the real deal. I am a citizen, my girlfriend is the one with the expired PR card who applied for a renewal without meeting the residency obligation and she is pregnant. do I have a case for H and C?

 

[yokona]

Read the full explanation. That applies only if you are in Canada in an abusive relationship and are not a Canadian citizen or PR. That does not apply to you, as you are already a PR and were outside Canada.

Family members in Canada, particularly spouses, who are in abusive relationships and are not permanent residents or Canadian citizens, may feel compelled to stay in the relationship or abusive situation to remain in Canada; this could put them in a situation of hardship. Officers should be sensitive to situations where the spouse (or other family member) of a Canadian citizen or permanent resident leaves an abusive situation and, as a result, does not have an approved sponsorship.

I kinda skipped that part as I was desperate. here is the real deal, sorry for the cover up.I am a citizen, my girlfriend is the one with the expired PR card who applied for a renewal without meeting the residency obligation and she is pregnant. do I have a case for H and C?

 

[zardoz]

If she is your common-law partner (in Immigration terms) you *might* be able to bring a case based on the needs of the child. Frankly, this is lawyer territory. I assume that at the moment she is inside Canada and is waiting to see what CIC do? She should obey the request to contact "customer services" and find out what the situation really is.

 

[yokona]

Thanks zardoz. yes she is inside Canada and still waiting for further instructions. she submitted two applications, one online and the other through regular mail. she's waiting for a response for the other one. marrying her is an option? sponsorship? how about getting work permit from her employer even after she got denied pr status?

 

[zardoz]

OK, at the moment she IS a PR, albeit possibly under report.

So, firstly, you cannot sponsor her for anything.
Secondly, she cannot apply for any form of work permit or visa.

A critical question (which you may choose not to answer) is are you the other parent of the pregnancy?