I m from india I had acquired Canadian Pr in2011 and landed in Canada in 2012 june to confirm my Pr.but returned after only 4days and never went back due to being undecided about permanently moving to Canada and some irritating health reasons as well.My pr card expired in July 2017. Now I wish to retain my Pr,but unsure about winning the appeal against residency obligation .therefore wished to know if I Shud appeal residency obligation or apply afreshh through express entry ,in which I may score a maximum of 420-30 as I will b 39 in Nov 2018 and my relevant experience has also become less within last 10 yrs and iim unmarried. I m in real dilemma.i had contacted a Canadian law firm by giving the above mentioned details but they offered to discuss my case first in order to give suggestion regarding filing an appeal..their fee is 300 Canadian dollars for just discussing my case through video chat.is it worth to just discuss it in the light of my above-mentioned facts,since I m not optimistic about my chances?any advice regarding wt to do, to retain or surrender my PR ,in this scenario wud be highly appreciated..thank you .
Chances of retaining PR after not meeting the residency obligation
- Thread starter Kumar2018
- Start date
Why don't you just apply for a PRTD and see what happens. Make your best case for keeping your PR status. If it's denied, you can then reapply via Express Entry. Realistically, your chances of being granted a PRTD or winning an appeal are extremely low and would waste your time, especially if you end up having to reapply anyway. Your call...
One of the things you should consider if you are reported it plan to apply for H&C and appeal is the length of time it takes for appeals to be processed. The clock is ticking if you do plan to re-apply for a PR. It could be a few year before you get a result, by which time your points will continue to drop. Given that you have essentially zero ties to Canada, I see an appeal as basically pointless.
Thank you very much for the replies..Can appeal be based on health reasons ?I hav been bothered by an anal fistula since 2013 which is 80 percent healed now.can it be made a ground for appeal?besides, Wud it b ok under ircc rules to prepare an express entry profile and if invitation is luckily received then surrender the present PR and apply afresh? Also ,Shud I discuss my case with the law firm regarding filing of appeal ,or can i do it on my own by sending a mail to immigration appeal division?
Do you have medical record indicating you would be unable to travel for the last 6 years? Was there no treatment available in Canada that could have resolved the problem? Seems they are generally felt with via surgical means and require nothing more that a few days in hospital. I would expect that IRCC would put very little or negative weighting on the medical H&C for that, and significant negative weighting on your lack of establishment in Canada. IMO your chances of a successful appeal are near zero.
Since you are already a permenent resident, you can’t apply for EE (you aren’t eligible) and your application would be rejected.
Since you are already a permenent resident, you can’t apply for EE (you aren’t eligible) and your application would be rejected.
Thank you Zardoz, Canuck and buletruck ....I do have medical records..besides I got it treated by ayurvedic surgery Since modern surgery has very high recurrence rate in anal fistula.further I was doing some home based jobs during all this while..currently I m in govt job since the beginning of 2017..but my heart is not in it.So,do all the things advised /mentioned by you guys mean that i wud b better off by surrendering my pr and apply for a fresh one thru express entry, whether I get invited or not.?.I do understand that my chances of retaining the pr are bleak to none.but like I said earlier i m in real dilemma..
It is simple, you had plenty time to move. That anus fistula is just your straw you are trying to hold on. Anyway you can always try.
IMO, you have a couple of choices.
You have some tough decisions to make.
- Apply for a PRTD now and submit your H&C reasons and hope for the best. Keep in mind that with an H&C claim, IRCC does retain medical professionals on staff to review these things. If your PRTD is refused, you can appeal or renounce (depending on how lucky you feel and how much time you want to wait for the appeal). Personally, I’d say less than a 10% chance of a successful appeal, but I don’t make these decisions. If you do appeal, there is no requirement for IRCC to approve a PRTD for the appeal due to the time you have been out of Canada.
- Obtain a US visa and cross at the land border and hope you aren’t reported. If you make it into Canada unreported, you can wait out the 2+ years until you meet RO and renew your PR card (hopefully you have a SIN number already). If you are reported, you can renounce and have a nice little vacation in Canada or appeal. Appeal process is the same as #1, but you can remain in Canada and get established (that gives your appeal a bit more credibility).
- Review if you are eligible to immigrate now and renounce your PR and apply for one of the immigration streams. The wait time for processing is likely significantly shorter than the appeal process, and with a more certain finish.
You have some tough decisions to make.
Thanks buletruck and Canuck for the replies.
I think I wud go with the suggestion to apply for a PRTD and if it is refused then I can appeal. Meanwhile I can prepare my express entry profile.But,with my present age and work experience I may not score more than 430 in the CRS and it will go down if PRTD and appeals take time.
As regards SIN, I do have one from the beginning..does it also have a validity?
By the way, wt is the fee and procedure for applying PRTD? is it also available on cic website?and if luckily issued to me,then Does it have some period of validity?I mean travel time line?
I think I wud go with the suggestion to apply for a PRTD and if it is refused then I can appeal. Meanwhile I can prepare my express entry profile.But,with my present age and work experience I may not score more than 430 in the CRS and it will go down if PRTD and appeals take time.
As regards SIN, I do have one from the beginning..does it also have a validity?
By the way, wt is the fee and procedure for applying PRTD? is it also available on cic website?and if luckily issued to me,then Does it have some period of validity?I mean travel time line?
Kumar 2018,
Is it possible for you to provide an update to your status, perhaps the information you provide would be useful for me as I am trying to help my brother as well as one of my close friends who are in cases somewhat similar to you. They both are within the validity of their first PR card at the moment (they both landed in 2016 and then left Canada after a few days) but have both been out of Canada for more than 3 years now, and won't be able to fill the two year residence obligation before their PR cards expire in 2021.
Thank you.