Not Meeting Residency Obligation

[zardoz]

I thank you zardoz and every one who is trying to help. I thought about H&C

H&C may be your only option during an appeal but the threshold is high and you would need to build a convincing case. You will need to involve a professional to help you.

 

[brawad]

H&C may be your only option during an appeal but the threshold is high and you would need to build a convincing case. You will need to involve a professional to help you.

Yes. I will use this path. Now I am asked to respond with 45 days. From the letter:
All documents (including passport entry and exit stamps) must be accompanied by an official translation if they are in a language other than English or French. If you require more time to submit documents, please notify our office at the address above within the 45 days.
If you do not provide us with the requested documents (or if you do not contact us within this period), we will review your application on the basis of the information provided, which may result in further delays in processing your application, and/or may result in a process being initiated that may lead to the loss of your permanent resident status.

 

[zardoz]

You should probably start making yourself familiar with the Appeal process, as I suspect that this may be needed.

http://www.irb-cisr.gc.ca/Eng/BoaCom/references/procedures/Pages/ProcessResObl.aspx

 

[zardoz]

Assuming that you can't prove that you were in compliance with the residency obligation requirements on the day that you submitted the application to IRCC, the likely sequence of events will be these.

1) you are informed that you are inadmissible because of not meeting the residency obligation requirements.
2) you are offered the opportunity to appeal this decision to the IAD.
3) The clock stops as far as accumulating residency days.
4) If you lose your appeal, any days in Canada since your application are effectively lost.
5) If you win your appeal, those days will be counted towards your next RO examination.

My explanation above is not overly clear. Here is the official reference.
http://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/FullText.html

Calculation — residency obligation

• 62 (1) Subject to subsection (2), the calculation of days under paragraph 28(2)(a) of the Act in respect of a permanent resident does not include any day after
  
  • (a) a report is prepared under subsection 44(1) of the Act on the ground that the permanent resident has failed to comply with the residency obligation; or
    
    
  • (b) a decision is made outside of Canada that the permanent resident has failed to comply with the residency obligation.
    
• Marginal note:Exception
  (2) If the permanent resident is subsequently determined to have complied with the residency obligation, subsection (1) does not apply.
  

• SOR/2014-139, s. 3(F).

 

[brawad]

You should probably start making yourself familiar with the Appeal process, as I suspect that this may be needed.

http://www.irb-cisr.gc.ca/Eng/BoaCom/references/procedures/Pages/ProcessResObl.aspx

My explanation above is not overly clear. Here is the official reference.
http://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/FullText.html

Calculation — residency obligation

• 62 (1) Subject to subsection (2), the calculation of days under paragraph 28(2)(a) of the Act in respect of a permanent resident does not include any day after
  • (a) a report is prepared under subsection 44(1) of the Act on the ground that the permanent resident has failed to comply with the residency obligation; or
    
    
  • (b) a decision is made outside of Canada that the permanent resident has failed to comply with the residency obligation.
• Marginal note:Exception
  (2) If the permanent resident is subsequently determined to have complied with the residency obligation, subsection (1) does not apply.

• SOR/2014-139, s. 3(F).

Clear. Thank you. 45 days are expiring in about 10 days. I am need an extention of the period to prepare my case very well. Is it possible to ask for this? (I see this might be OK from the letter).

 

[Buletruck]

Is your family currently outside of Canada? Keep in mind that during the appeal process it is not recommended to leave Canada, as it diminishes your case. Short trips may be ok, but not recommended.

 

[brawad]

Is your family currently outside of Canada? Keep in mind that during the appeal process it is not recommended to leave Canada, as it diminishes your case. Short trips may be ok, but not recommended.

My family is in Canada and I am coming in about a month.

 

[Buletruck]

You need to contact them right away. You have left this very late to start now and should have started and submitted your appeal right away. Keep track of the date you send your request in case there are discrepancies later.

 

[Buletruck]

Does your family meet RO?

 

[brawad]

Does your family meet RO?

yes. there obtained a new pr card

 

[Buletruck]

You may want to consider renouncing your PR and having your wife re-apply for your permenent residence status. Something to consider and consult an immigration lawyer about before you go through the whole process. It may be faster to re- apply as a PR (about 12 months) than appeal (expect anywhere from 12 months to 2 years).
Submit your appeal, but consider the option for new sponsorship. I’m not a specialist, so discuss the option with someone qualified. You can always withdraw your appeal at a later date if you decide that is the best option.

 

[zardoz]

At the moment, you are only at RQ stage and may be able to ask for an extension in order to complete the questionnaire.

Once you get into appeal timing, I don't think an extension is possible but you will have 60 days to decide whether to go ahead with an appeal.

 

[brawad]

At the moment, you are only at RQ stage and may be able to ask for an extension in order to complete the questionnaire.

Once you get into appeal timing, I don't think an extension is possible but you will have 60 days to decide whether to go ahead with an appeal.

1- I do not want to send any bad signals by asking for extension.
2- One more question: Will the US visa have a negative impact if I am applying under H&C to come to Canada since I can come crossing the borders?

 

[brawad]

Assuming that you can't prove that you were in compliance with the residency obligation requirements on the day that you submitted the application to IRCC, the likely sequence of events will be these.

1) you are informed that you are inadmissible because of not meeting the residency obligation requirements.
2) you are offered the opportunity to appeal this decision to the IAD.
3) The clock stops as far as accumulating residency days.
4) If you lose your appeal, any days in Canada since your application are effectively lost.
5) If you win your appeal, those days will be counted towards your next RO examination.

I am a little confused because if the officer only checks the RO, then why inserting this (in the letter):
1- A description of the extent of the hardship the loss of residency status would cause to you, your family members, and the best interests of any child directly affected by this decision (if applicable).
2- Supporting documents showing that there are compelling and compassionate factors in your personal circumstances that justify keeping your permanent resident status (if applicable).
Shouldn't this be in the appeal process? requesting such description means that the officer if convinced will issue the PR even if RO are not met (?)

 

[brawad]

Hello guys. Thanks again for the great help and amount of information you provided in my thread. I have posted a couple of replies and do appreciate your comments.