Breach of residency obligation

[HJAMAL1998]

Hello,

I am 18 years old and I moved to canada in August 2016. My PR card expires this coming february completing it's 5 year span. The problem is that I am short of almost 6 months to not breach the residency obligation for Permanent Residents. I understand that I might have to apply for renewal soon but knowing the risk of the residency to be revoked I am worried. The main point I have is that I was a dependant and I had to leave canada along with my parents but I came back as soon as possible. Would the board consider this is a valid point or would they dismiss it?
What can I or should I do? Please help.

Thank you so much.

Best Regards

 

[HJAMAL1998]

I am planning on staying as long as I can. I am just worried that my PR card is expiring in February 2017 and I should apply for renewal right? And once I apply they are going to see that I am short of 6 months and would revoke the residency. Or should I wait until I finish my 2 years in August 2017?

SORRY, correction: i came last year in August 2015.**

 

[Buletruck]

Don't renew until you meet RO. The PR card is only needed for travel. If you don't have plans to leave, don't risk IRCC reviewing the RO.

 

[HJAMAL1998]

Don't renew until you meet RO. The PR card is only needed for travel. If you don't have plans to leave, don't risk IRCC reviewing the RO.

Thank you.
One last question- So when I apply after completing my 2 year RO, wouldn't the IRCC ask me why did I not apply for renewal of the card when it expired in february?
Thanks again man.

 

[Rob_TO]

It sounds like you got PR status back around 2011 when you were around 13 yrs old, left Canada with your parents, and returned to Canada in 2015 when you were 16 years old, and are 18 years old today.

If this is the case, you have a very strong H&C case that you were removed from Canada as a minor and have since permanently resided in Canada now by age of majority.

So if you applied to renew PR card without meeting RO, there is a strong chance it would be approved based on your H&C reasons.

However to ensure a smooth process and not be sent for secondary review or possible lengthy H&C processing, you may want to wait until you naturally have the 2 in 5 years RO anyways. For this it will not matter if you didn't apply sooner, that is irrelevant. But if you need to travel before this time, I would just apply as H&C case.

 

[HJAMAL1998]

It sounds like you got PR status back around 2011 when you were around 13 yrs old, left Canada with your parents, and returned to Canada in 2015 when you were 16 years old, and are 18 years old today.

If this is the case, you have a very strong H&C case that you were removed from Canada as a minor and have since permanently resided in Canada now by age of majority.

So if you applied to renew PR card without meeting RO, there is a strong chance it would be approved based on your H&C reasons.

However to ensure a smooth process and not be sent for secondary review or possible lengthy H&C processing, you may want to wait until you naturally have the 2 in 5 years RO anyways. For this it will not matter if you didn't apply sooner, that is irrelevant. But if you need to travel before this time, I would just apply as H&C case.

Thanks a ton. Really helps a lot.

 

[HJAMAL1998]

Hello,

My PR card is expiring and I need to apply for university soon and also that I have not met the RO obligations so I was advised to stay quiet and do not apply for renewal until I finish my two year period. But the question is if I apply to universities and get in and when they ask for my residency proof what do I show them? would my SIN card and driver's license work as a proof? Because I dont wan't to show my PR card for it and then when it expires they might ask me to show an updated one. What do I do?


please help. thank you.

 

[scylla]

Hello,

My PR card is expiring and I need to apply for university soon and also that I have not met the RO obligations so I was advised to stay quiet and do not apply for renewal until I finish my two year period. But the question is if I apply to universities and get in and when they ask for my residency proof what do I show them? would my SIN card and driver's license work as a proof? Because I dont wan't to show my PR card for it and then when it expires they might ask me to show an updated one. What do I do?


please help. thank you.

Correct - you must wait until you meet the residency requirement before you apply to renew your PR status.

You will have to hope your university will accept a SIN card and drivers license as proof. You can always contact your university to ask what they will need to see.

 

[Rob_TO]

Correct - you must wait until you meet the residency requirement before you apply to renew your PR status.

OP has a very strong H&C reasons (being removed as minor) for not meeting RO, so odds are any PR renewal app would be successful under H&C consideration.

 

[HJAMAL1998]

OP has a very strong H&C reasons (being removed as minor) for not meeting RO, so odds are any PR renewal app would be successful under H&C consideration.

So you'd advise that I just go ahead apply for renewal of the PR card? and then when they ask I just tell them that it was not my choice to leave and was removed as a minor and I came back as soon as possible?

thank you.

 

[Rob_TO]

So you'd advise that I just go ahead apply for renewal of the PR card? and then when they ask I just tell them that it was not my choice to leave and was removed as a minor and I came back as soon as possible?

thank you.

As I explained above, the only sure 100% way is to wait until you have 2 years residency to meet RO.

Based on similar cases of people being removed as minors but then returning by 18th birthday, this is a very common and accepted H&C reason to not meet the RO. So most likely your PR renewal would be approved under H&C consideration. Of course as with any H&C case it's not as guaranteed as simply meeting the RO, but if it will cause severe hardship not to have your PR card you should consider it as an option.

You can also talk to an immigration lawyer if you wanted a legal opinion.

 

[Bcboundboy]

Hello,

My PR card is expiring and I need to apply for university soon and also that I have not met the RO obligations so I was advised to stay quiet and do not apply for renewal until I finish my two year period. But the question is if I apply to universities and get in and when they ask for my residency proof what do I show them? would my SIN card and driver's license work as a proof? Because I dont wan't to show my PR card for it and then when it expires they might ask me to show an updated one. What do I do?


please help. thank you.

You can use your expired PR card, your landing documents, SIN, etc.

None of these actually prove that you have PR status - including your PR card. When you have 2 years residency, you will once again be a full, unquestioned PR, but your card wouldn't indicate that. As of right now, you are technically not be eligible to be a PR (as you haven't met residency obligation, and cannot before the time period expires), but your card indicates you're fine. So the card isn't actually any use for that purpose, in either direction (it can falsely suggest the ineligible are eligible, and the eligible are ineligible).

If you show them an expired one, and they demand a current one, point them to http://www.cic.gc.ca/english/newcomers/about-pr.asp which CIC/IRCC say an expired card does not affect status.