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Citizenship change and Canadian PR

canuck78

VIP Member
Jun 18, 2017
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Your appeal is solely based on your failure to meet your residency obligation and your excuse for why you did't complete the RO.

You were likely reading H&C.
 

vensak

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Jul 14, 2016
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Your appeal is solely based on your failure to meet your residency obligation and your excuse for why you did't complete the RO.

You were likely reading H&C.
Attention, appeal against not meeting RO and having H&C reasons for that
is not the same as H&C application to get PR.

In the first case you need to show why were you not able to meet RO (where economical reasons or wanting to get yet another citizenship do not really count).

In the second case you are showing why do you need to stay in Canada where how well did you establish yourself in.

Of course it does not help even if you have H&C reasons for not meeting RO, but leaving Canada shortly after entering. It is expected from you, that since you have returned you will establish yourself back in Canada.
 

rish_ind

Full Member
Oct 31, 2012
38
1
Of course it does not help even if you have H&C reasons for not meeting RO, but leaving Canada shortly after entering. It is expected from you, that since you have returned you will establish yourself back in Canada.

Hello @vensak , Thanks

I understand that appeal will be against the RO but do I understand correctly above your quoted comment that,

if I establish well during appeal process without leaving Canada and show very strong roadmap to establish will help?
 

vensak

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Jul 14, 2016
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Hello @vensak , Thanks

I understand that appeal will be against the RO but do I understand correctly above your quoted comment that,

if I establish well during appeal process without leaving Canada and show very strong roadmap to establish will help?
ok lets say that you will return to Canada and you will be reported. If you do not try to stay in Canada after that, your attempt to appeal will most likely rejected (unless you have additional H&C reasons). Because it is expected from you to stay so to show that you want to meet RO again.
Why? Simply because any time you try to leave you need to have a good H&C again, because you you appealed with was valid for back then but not for now anymore. Not to mention that you can be reported again every time you return.

Now if somebody will plead for H&C to get PR, their establishment in Canada might help along with the reasons why should they stay in Canada (for example best interest of child).

So for your case staying in Canada after reported even if those days until decision was made will not count towards your RO (so either you will loose your PR or you will keep it and then not meeting RO back then does not matter); is an essential condition.
And unless your H&C is something that will exceptionally help Canada (there was a case where somebody went to study abroad as she was unable to find such specialization in Canada and after doing that she returned).

While for a PR H&C applicant, showing that he or she is an active part of society can be seen as favorable.

Or in other words.
In your case you have to show why you have to stay outside and that you did not want to stay outside more that it was really must

and the H&C PR show why does he or she has to stay inside Canada.
 

canuck78

VIP Member
Jun 18, 2017
52,959
12,759
ok lets say that you will return to Canada and you will be reported. If you do not try to stay in Canada after that, your attempt to appeal will most likely rejected (unless you have additional H&C reasons). Because it is expected from you to stay so to show that you want to meet RO again.
Why? Simply because any time you try to leave you need to have a good H&C again, because you you appealed with was valid for back then but not for now anymore. Not to mention that you can be reported again every time you return.

Now if somebody will plead for H&C to get PR, their establishment in Canada might help along with the reasons why should they stay in Canada (for example best interest of child).

So for your case staying in Canada after reported even if those days until decision was made will not count towards your RO (so either you will loose your PR or you will keep it and then not meeting RO back then does not matter); is an essential condition.
And unless your H&C is something that will exceptionally help Canada (there was a case where somebody went to study abroad as she was unable to find such specialization in Canada and after doing that she returned).

While for a PR H&C applicant, showing that he or she is an active part of society can be seen as favorable.

Or in other words.
In your case you have to show why you have to stay outside and that you did not want to stay outside more that it was really must

and the H&C PR show why does he or she has to stay inside Canada.
Although I agree that you are viewed in a more favourable light if you remain in Canada it is far from a guarantee that you will get a positive result. In this case it would be hard to overcome the lack of reason for not meeting RO.