Renewal of PR on H &C Ground or Multiple Visit Visa- Kindly Leon reply

[gargsk]

Dear Leon

This is for the kind advice of Mr. Leon

(1) I am a PR since 2008. Though, I have visited Toronto several times during the past 5 years but due to my work requirement outside Canada, I could not complete the PR obligation of 730 days. For the next 2-3 year also, it is not possible for me to stay in Canada. My PR is going to expire in the next 3 months. My wife and Son are in Canada and going to complete their respective PR obligation by end of December 2013.

(2) I came to Toronto on 18th July and submitted a letter with a request to voluntary relinquish my PR status at the immigration counter at Toronto Airport clearly stating that I have not completed the PR obligation and it is not possible for me to complete this in the next 2-3 years. I also mentioned to him that I want to apply for multiple visit visa.

(3) The Immigration officer at the counter read my letter. He did not accept this letter but recorded the statement in his record and advise me to keep the PR status and to apply for renewal of PR on H&C ground keeping in view my family in Canada. Though, he left the decision with me to voluntary relinquish my PR status in future.

I seek your kind advice

(a) Whether to apply for PR renewal on H&C ground? How long it will take for a decision?

(b) Surrender my PR again outside Canada and apply for multiple visit visa as I wish to visit my family in December.

regards
SKG

 

[Leon]

a) Applying to renew your PR card on H&C grounds will take pretty much forever and personally I don't think you have much chance at succeeding because you are staying outside Canada for employment reasons and not for H&C reasons as you do no currently seem to have any plans to return for good.

b) Wait for your PR card to expire. Then you can apply for a travel document to Canada. State that your family is in Canada but you haven't been. If they grant you a travel document, they will have allowed you to keep your PR and you can go to Canada and apply for a PR card renewal on the strength of that travel document. If they refuse, you will lose your PR and can apply for a visit visa.

Renewing your PR card on H&C grounds would mean that you still don't meet the residency requirements and in spite of having a new PR card, you could at any time be reported on entry by an IO and could face losing your PR. Another option if you lose your PR is for your wife to sponsor you after she has met her residency requirements. You would then have a brand new PR and could stay outside Canada for up to 3 years again without a problem.

 

[gargsk]

a) Applying to renew your PR card on H&C grounds will take pretty much forever and personally I don't think you have much chance at succeeding because you are staying outside Canada for employment reasons and not for H&C reasons as you do no currently seem to have any plans to return for good.

b) Wait for your PR card to expire. Then you can apply for a travel document to Canada. State that your family is in Canada but you haven't been. If they grant you a travel document, they will have allowed you to keep your PR and you can go to Canada and apply for a PR card renewal on the strength of that travel document. If they refuse, you will lose your PR and can apply for a visit visa.

Renewing your PR card on H&C grounds would mean that you still don't meet the residency requirements and in spite of having a new PR card, you could at any time be reported on entry by an IO and could face losing your PR. Another option if you lose your PR is for your wife to sponsor you after she has met her residency requirements. You would then have a brand new PR and could stay outside Canada for up to 3 years again without a problem.

Many Thanks Leon for your expert advice:

Just asking for clarification, Instead of apply for Travel document, should not I apply directly for Multiple visit visa after surrendering my PR voluntarily out side Canada.

Thanks & Regards

 

[Leon]

Many Thanks Leon for your expert advice:

Just asking for clarification, Instead of apply for Travel document, should not I apply directly for Multiple visit visa after surrendering my PR voluntarily out side Canada.

Thanks & Regards

If you do not want to try with H&C reasons, instead of applying for a travel document, you could surrender your PR instead and apply for a multiple entry visit visa.

 

[gargsk]

If you do not want to try with H&C reasons, instead of applying for a travel document, you could surrender your PR instead and apply for a multiple entry visit visa.

Many Thanks to You Leon for your excellent advice

best regards
Gargsk