PR renewal submitted but residency obligation not met. please help

[Msafiri]

The first thing to do is to immediately withdraw the PR Card renewal application in writing and hope that CIC leave it at that without reporting her. I don't understand why she made 2 applications or that an online option was even available.

Wait to hear from CIC about the withdrawn application. After confirmation from CIC of the withdrawal apply for GCMS notes via ATIP process on the CIC website. This will show her being reported or she may receive a report in the mail. If she doesn't get a report soonish in the mail after CIC withdrawal confirmation (I'd say 6-8 weeks) she should be safe but get GCMS just in case.

I suggest she should not leave Canada until she has 730 days..in the meantime check if you are eligible for the married/ common law route as a fall back in case she is reported. If you are start getting your paperwork ready. Is her provincial health card still valid?

 

[yokona]

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?

yes I am. I also am the idiot who forced her to renew her PR card without knowing the residency obligation.
is that helpful? can I build a case around her pregnancy?

 

[zardoz]

yes I am. I also am the idiot who forced her to renew her PR card without knowing the residency obligation.
is that helpful? can I build a case around her pregnancy?

In that case, if the excrement hits the rotating air mover, you *might* be able to make a H&C case based on parentage and "needs of the child" etc. It would be better if you are formally common-law or married. You WILL need to get a skilled lawyer involved if you have to go down that route as making H&C cases is hard work, especially if it's borderline.

Just hope that they haven't reported her and that you can recover from this situation gracefully.

 

[yokona]

The first thing to do is to immediately withdraw the PR Card renewal application in writing and hope that CIC leave it at that without reporting her. I don't understand why she made 2 applications or that an online option was even available.

Wait to hear from CIC about the withdrawn application. After confirmation from CIC of the withdrawal apply for GCMS notes via ATIP process on the CIC website. This will show her being reported or she may receive a report in the mail. If she doesn't get a report soonish in the mail after CIC withdrawal confirmation (I'd say 6-8 weeks) she should be safe but get GCMS just in case.

I suggest she should not leave Canada until she has 730 days..in the meantime check if you are eligible for the married/ common law route as a fall back in case she is reported. If you are start getting your paperwork ready. Is her provincial health card still valid?

but if you withdraw your application, will that trigger suspicion. and if they already received the application. they will find out that she did not fulfill her RO. did this work in the past? In writing you mean, a formal letter to be mailed to CIC? her health card is also expired.

 

[yokona]

In that case, if the excrement hits the rotating air mover, you *might* be able to make a H&C case based on parentage and "needs of the child" etc. It would be better if you are formally common-law or married. You WILL need to get a skilled lawyer involved if you have to go down that route as making H&C cases is hard work, especially if it's borderline.

Just hope that they haven't reported her and that you can recover from this situation gracefully.

yes, we are in the process of looking for a lawyer. how strict are CIC when it comes to RO when you are already inside Canada?
we're looking into the withdrawal of the application too as Msafiri suggested.

 

[scylla]

How strict are CIC when it comes to RO when you are already inside Canada?

Very strict. To renew your PR card, you must meet the residency obligation. It doesn't matter if you are inside or outside of Canada.

 

[Msafiri]

but if you withdraw your application, will that trigger suspicion. and if they already received the application. they will find out that she did not fulfill her RO. did this work in the past? In writing you mean, a formal letter to be mailed to CIC? her health card is also expired.

If you proceed you have a 100% chance that you will be reported..if you withdraw you stand a chance that you will not be reported (high in my opinion as its a relatively newish application)...which one do you think is the better option? If her Health Card is expired then she is at risk of not getting medical care through the province meaning she needs private cover and as her pregnancy may be deemed a pre-existing condition she will have issues getting anyone to give her coverage. Where are you? Ontario?

yes I am. I also am the idiot who forced her to renew her PR card without knowing the residency obligation. is that helpful? can I build a case around her pregnancy?

I think Zardoz is being kind as IMHO pregnancy will be disregarded....if it was absence due to complications during or post pregnancy then that's different but you can't use pregnancy as pass on a paltry 40% (2/5) years obligation. What is the reason for the extensive absence?

yes, we are in the process of looking for a lawyer. how strict are CIC when it comes to RO when you are already inside Canada? we're looking into the withdrawal of the application too as Msafiri suggested.

As per scylla RO is 'examination' based e.g PR Card renewal, sponsorship etc not 'location' based so it doesn't matter in or out of Canada. Count your luck this is an inside Canada PR Card renewal with a chance of withdrawing..you would not get such luck with a TD application at an overseas visa post...the visa post are the real deal gate keepers!

 

[yokona]

If you proceed you have a 100% chance that you will be reported..if you withdraw you stand a chance that you will not be reported (high in my opinion as its a relatively newish application)...which one do you think is the better option? If her Health Card is expired then she is at risk of not getting medical care through the province meaning she needs private cover and as her pregnancy may be deemed a pre-existing condition she will have issues getting anyone to give her coverage. Where are you? Ontario?
I think Zardoz is being kind as IMHO pregnancy will be disregarded....if it was absence due to complications during or post pregnancy then that's different but you can't use pregnancy as pass on a paltry 40% (2/5) years obligation. What is the reason for the extensive absence?
As per scylla RO is 'examination' based e.g PR Card renewal, sponsorship etc not 'location' based so it doesn't matter in or out of Canada. Count your luck this is an inside Canada PR Card renewal with a chance of withdrawing..you would not get such luck with a TD application at an overseas visa post...the visa post are the real deal gate keepers!

yes, we are in toronto. i looked up the application for withdrawal and it's asking for a reason for withdrawal. it's been a week since she submitted the application. so what are the chances that it's already been processed? and can you give me good reasons for withdrawal? the reason for extensive absence is that she is not fully comfortable with the change in culture, and her dad just died months before the arrival.

 

[Msafiri]

1. Your 'story' is sure confusing - so you applied and have notice from CIC that it can't proceed yet you applied last week which given the timeline to opening an application is out of sync...CIC processing/ opening applications submitted up to August 6 (as at today Oct 23). You need to give a definitive situation.

2. Its a 1 liner ' I am withdrawing my application dated x submitted date y as I no longer require a PR Card...you can add 'for travel' if you wish but I would leave as is...they won't refuse the withdrawal even if you have no reason.

3. You obtain PR to live in Canada so you can learn, understand and assimilate into the culture (this doesn't necessarily mean giving up yours) ...why bother with getting PR? Its not some kind of glorified visitors visa. She better decide if she wants to live in Canada since Canadian culture isn't going anywhere any time soon..how long have you been in the relationship? What exactly about the culture is an issue?

 

[yokona]

1. Your 'story' is sure confusing - so you applied and have notice from CIC that it can't proceed yet you applied last week which given the timeline to opening an application is out of sync...CIC processing/ opening applications submitted up to August 6 (as at today Oct 23). You need to give a definitive situation.

2. Its a 1 liner ' I am withdrawing my application dated x submitted date y as I no longer require a PR Card...you can add 'for travel' if you wish but I would leave as is...they won't refuse the withdrawal even if you have no reason.

3. You obtain PR to live in Canada so you can learn, understand and assimilate into the culture (this doesn't necessarily mean giving up yours) ...why bother with getting PR? Its not some kind of glorified visitors visa. She better decide if she wants to live in Canada since Canadian culture isn't going anywhere any time soon..how long have you been in the relationship? What exactly about the culture is an issue?

1. she applied last week, online (that's where she got the email about her application cannot be processed...) and through regular mail. same time as the online application. it was a Wednesday.

2. thank you. we will do that in the morning.

3. she said that she has to start from the beginning, zero friends and the fact that her dad died a few months back. her sister also went back as they can't cope with the depression I guess.. we've been in a relationship for about 4 months now. this all started because of the expired health card and pregnancy. she had insurance from her work but I forced her to renew her PR card and Health card not knowing about the RO.

 

[Msafiri]

1. Condolences on her loss. She is certainly going through a rough spell.

2. Sure but you will likely have to (and should) submit the withdrawal letter when CIC open her application and load her case on ecas. At this time a letter would just sit in the mail room and would have to be somehow linked to an unopened application.

3. Anytime someone asks for your PR Card as proof of PR inside Canada give them landing documents..there is no law mandating a PR to hold a PR Card inside Canada. Its a status document for travel although some government service providers will insist on seeing a Valid PR. Where landing documents are not accepted you need to decide if to challenge it or live with it...AFAIK BC is tough on this e.g. for getting a DL.

4. I don't want to get into your business but in the long term 'forcing' things doesn't work in relationships!

 

[yokona]

1. Condolences on her loss. She is certainly going through a rough spell.

2. Sure but you will likely have to (and should) submit the withdrawal letter when CIC open her application and load her case on ecas. At this time a letter would just sit in the mail room and would have to be somehow linked to an unopened application.

3. Anytime someone asks for your PR Card as proof of PR inside Canada give them landing documents..there is no law mandating a PR to hold a PR Card inside Canada. Its a status document for travel although some government service providers will insist on seeing a Valid PR. Where landing documents are not accepted you need to decide if to challenge it or live with it...AFAIK BC is tough on this e.g. for getting a DL.

4. I don't want to get into your business but in the long term 'forcing' things doesn't work in relationships!

1. rough indeed.

2. So you are telling me to submit the withdrawal letter when they are about to open her application? maybe I misunderstood, you said before she should withdraw her application as early as possible.

3. once we get this sorted out, hopefully we will. I checked out the CIC website. withdrawing the application has a chance. we will just keep our mouth shut and stay hidden for 200 more days.

4. yeah well, considering our situation we are looking and considering all options. although you are right. all advices and suggestions welcome. thanks!

 

[Msafiri]

......
2. So you are telling me to submit the withdrawal letter when they are about to open her application? maybe I misunderstood, you said before she should withdraw her application as early as possible.....

You gave the impression this application was submitted some time back and that CIC Sidney/ Local Office had been in touch about an already opened and 'RO review commenced' application...read your thread and see if you get the same impression? As such you got the suggestion to withdraw immediately...the application as the truth turns out is only a week old then withdrawing is moot since its currently sitting in the CIC mail room!

 

[yokona]

You gave the impression this application was submitted some time back and that CIC Sidney/ Local Office had been in touch about an already opened and 'RO review commenced' application...read your thread and see if you get the same impression? As such you got the suggestion to withdraw immediately...the application as the truth turns out is only a week old then withdrawing is moot since its currently sitting in the CIC mail room!

it's only been a week. I have no Idea about the online application until I checked out the CIC website. It's not an application, it's a residency calculation to see if you are eligible. I think it's just an online application that tells you if you are ready to apply or not through email.

it's only been a week, she submitted her application October 16, 2013. so you're saying I should wait til they start processing her application instead of submitting a withdrawal now?

 

[yokona]

HI EVERYONE. I THANK YOU ALL FOR YOUR HELP, THIS FORUM IS AMAZING. MY CASE IS SOLVED! HER MAIL CAME BACK UNOPENED. I DON'T KNOW WHY OR HOW I'M JUST THANKFUL.

thank you all for your patience Msafiri, Zardoz and scylla. I hope everyone's problem here get solved and I wish you all good luck. ;D