PR renewal was successful but PRTD was refused

[Daphnemylin]

My current status is working overseas. I applied for PR renewal on February 2018 and after 418 days of processing, I finally got a renewed card waiting for me to pick it up in Toronto. The problem is that my PRTD was refused on July 2019. I have no idea what I should do next. To file an appeal? It seems so contradictory. Thank you.

Daphne

 

[Bs65]

So to clarify your PRTD was refused before you had notification your PR card had been renewed ? Generally you cannot apply to renew a PR card from outside Canada. Did you get any reason for why was refused? Do you still meet the residency obligation ?

 

[Daphnemylin]

The renewed card was before my PRTD's refusal. I don't meet the obligation anymore.

 

[scylla]

The renewed card was before my PRTD's refusal. I don't meet the obligation anymore.

The PR residency obligation is a rolling obligation. You must meet it continuously. If you no longer meet RO, then the PRTD was correctly refused.

I can't comment on why the PR card was approved. You can file a PRTD appeal - but you'll need strong H&C grounds on why you were outside of Canada and failed to meet RO. Working overseas is not accepted as a reason.

 

[Buletruck]

Does the refusal of the PRTD imply they did a residency review and the OP is at risk of loosing his PR status?

 

[Daphnemylin]

Does the refusal of the PRTD imply they did a residency review and the OP is at risk of loosing his PR status?

I think they did residency review. IRCC HK asked for all the exit and entry histories issued from governments of countries where I traveled to, they used July 1 2019 as the determination date to count the 5-year cycle. However, IRCC inside Canada used Feb. 2018 to renew PR card since I applied for the renewal on Feb. 2018.

 

[zardoz]

If the PRTD was refused, the PR status is already in the process of being revoked, regardless of the success of the PR card renewal application.
The PRTD trumps the renewal.

 

[zardoz]

My current status is working overseas. I applied for PR renewal on February 2018 and after 418 days of processing, I finally got a renewed card waiting for me to pick it up in Toronto. The problem is that my PRTD was refused on July 2019. I have no idea what I should do next. To file an appeal? It seems so contradictory. Thank you.

Daphne

Yes, you must file an appeal or you WILL lose your PR status. The card renewal is overridden by the PRTD refusal.

 

[canuck78]

Would also point out that your RO compliance would have been reviewed when you went to pick up your PR card had you not applied for the PRTD.

 

[Daphnemylin]

I will file an appeal but worried about hiring an affordable lawyer and other matters that will be related to the appeal because I'm in Taiwan.

 

[jddd]

I will file an appeal but worried about hiring an affordable lawyer and other matters that will be related to the appeal because I'm in Taiwan.

If you plan to stay out of Canada then your chance of winning an appeal is considerably less. How much longer do you plan on living in Taiwan? Showing genuine intent to set up a life in Canada helps an appeal. Not saying your chances get better, saying that some VOs may look kindly at said attempt to actually live in Canada.

 

[canuck_in_uk]

I will file an appeal but worried about hiring an affordable lawyer and other matters that will be related to the appeal because I'm in Taiwan.

On what grounds will you be appealing? What are your H&C reasons for failing to meet the RO?