Not met PR RO - But trying to appeal to not have it revoked

[robbie_m90]

I got my PR late 2017 but immediately travelled back to the UK to spend time with family/work for some time before heading back to Canada to meet the rest of my 730 days RO. However I had family emergencies that prevented me to come back and meet the RO. That said I made a couple visits in between.

I recently travelled to Canada last month through land border in hopes to appeal/provide documents to keep my PR status. The officer did not revoke my status nor did they issue a new PR card - they just told me I need to gather documents and try to contact the Canadian embassy about the situation and answer more questions as soon as I return back to the UK after my vacation - They did not give me any further information/numbers/emails to contact so im a little lost...

I saw online I can appeal to keep my PR but they are asking to attach an official refusal letter from the IRCC which I haven't got because I haven't been refused yet?

Where should I go to contact/submit/answer questions to try and have my PR status maintained?

Thanks,

Robbie M

 

[Ponga]

Counting back five years from today, how many days were you physically in Canada? Are you anywhere close to the magic 730 number?

Are you able to return to Canada and remain (to live) until you have accrued at least 730 days to maintain your PP status? if not, you might consider voluntarily renouncing your PR.

You remain a PR (even with a long expired PR Card) so long as IRCC has not revoked your status. This is usually done after a CBSA officer creates a 44(1) report because of non-compliance regarding the Residency Obligation. Even then, a PR maintains their status pending an appeal hearing.

 

[Copingwithlife]

I got my PR late 2017 but immediately travelled back to the UK to spend time with family/work for some time before heading back to Canada to meet the rest of my 730 days RO. However I had family emergencies that prevented me to come back and meet the RO. That said I made a couple visits in between.

I recently travelled to Canada last month through land border in hopes to appeal/provide documents to keep my PR status. The officer did not revoke my status nor did they issue a new PR card - they just told me I need to gather documents and try to contact the Canadian embassy about the situation and answer more questions as soon as I return back to the UK after my vacation - They did not give me any further information/numbers/emails to contact so im a little lost...

I saw online I can appeal to keep my PR but they are asking to attach an official refusal letter from the IRCC which I haven't got because I haven't been refused yet?

Where should I go to contact/submit/answer questions to try and have my PR status maintained?

Thanks,

Robbie M

It appears they are still living in the UK, I think . They state about returning to the UK after their “ vacation.”
Assuming, vacation in Canada . No indication at this point they are planning on returning to Canada permanently.

 

[robbie_m90]

Counting back five years from today, how many days were you physically in Canada? Are you anywhere close to the magic 730 number?

Are you able to return to Canada and remain (to live) until you have accrued at least 730 days to maintain your PP status? if not, you might consider voluntarily renouncing your PR.

You remain a PR (even with a long expired PR Card) so long as IRCC has not revoked your status. This is usually done after a CBSA officer creates a 44(1) report because of non-compliance regarding the Residency Obligation. Even then, a PR maintains their status pending an appeal hearing.

Unfortunately only 129 days spent inside Canada in the last 5 years. I am able to continue live and work if I am allowed to go back into the country and not have my PR revoked. - Im just not sure how that works like if I should try to apply for a new PR card through humanitarian and compassionate grounds. Or try to go back into the country and spend a required 730 total days as a PR even though my PR card is expired? Will I then need to wait until I reach 730 days until I can apply for a new PR even with my current situation will that be eligible to renew?

 

[Ponga]

Unfortunately only 129 days spent inside Canada in the last 5 years. I am able to continue live and work if I am allowed to go back into the country and not have my PR revoked. - Im just not sure how that works like if I should try to apply for a new PR card through humanitarian and compassionate grounds. Or try to go back into the country and spend a required 730 total days as a PR even though my PR card is expired? Will I then need to wait until I reach 730 days until I can apply for a new PR even with my current situation will that be eligible to renew?

The latter.

You need to return to Canada and remain until you have enough days to meet the R.O.

IMHO, H&C grounds may not have much strength in your case, but you can certainly try, I suppose.


The problem with the first option, is that you will likely not have access to essential services (health care, a driver license, etc.) until you have a renewed PR Card (depending on which province you would be residing in), which would only add to the angst.

A PR does not need to hold a valid PR Card, even though IRCC erroneously says this:
https://www.canada.ca/en/immigration-refugees-citizenship/services/new-immigrants/pr-card.html
You need a valid permanent resident (PR) card to prove you’re a permanent resident when you return to Canada from another country.

This is simply NOT true. You may need a valid PR Card to travel to Canada via a commercial carrier, but CBSA only needs to see `something' that shows that a PR still has valid status...including those that have breached the R.O., but a long shot.

 

[robbie_m90]

The latter.

You need to return to Canada and remain until you have enough days to meet the R.O.

IMHO, H&C grounds may not have much strength in your case, but you can certainly try, I suppose.


The problem with the first option, is that you will likely not have access to essential services (health care, a driver license, etc.) until you have a renewed PR Card (depending on which province you would be residing in), which would only add to the angst.

A PR does not need to hold a valid PR Card, even though IRCC erroneously says this:
https://www.canada.ca/en/immigration-refugees-citizenship/services/new-immigrants/pr-card.html
You need a valid permanent resident (PR) card to prove you’re a permanent resident when you return to Canada from another country.

This is simply NOT true. You may need a valid PR Card to travel to Canada via a commercial carrier, but CBSA only needs to see `something' that shows that a PR still has valid status...including those that have breached the R.O., but a long shot.

I forgot to mention why I was not able to meet the RO - my sister was diagnosed with psychosis when she gave birth of her first child and needed me around to help with her mental recovery and helping raising her child which prevented me coming back at the required time to make my RO so I decided to stay in the UK longer - I'm hoping H&C would strongly consider resolving my case. I think I need to apply for a PRTD under H&C and as far as I know I would need to apply to renew my PR under H&C whilst being physically inside Canada during this application. Now the question if this goes through well is if I am able to work in Canada whilst this is processing as I heard it can take a very long time?

 

[scylla]

I forgot to mention why I was not able to meet the RO - my sister was diagnosed with psychosis when she gave birth of her first child and needed me around to help with her mental recovery and helping raising her child which prevented me coming back at the required time to make my RO so I decided to stay in the UK longer - I'm hoping H&C would strongly consider resolving my case. I think I need to apply for a PRTD under H&C and as far as I know I would need to apply to renew my PR under H&C whilst being physically inside Canada during this application. Now the question if this goes through well is if I am able to work in Canada whilst this is processing as I heard it can take a very long time?

If your sister is alone in the UK (i.e. no spouse / common law partner, no parents, no other siblings) that would likely be a very strong H&C case. Otherwise it's likely quite a bit weaker. Yes, you can work in Canada while you wait for an H&C PR card renewal application to be processed.

Hope your sister is better now.

 

[canuck78]

I forgot to mention why I was not able to meet the RO - my sister was diagnosed with psychosis when she gave birth of her first child and needed me around to help with her mental recovery and helping raising her child which prevented me coming back at the required time to make my RO so I decided to stay in the UK longer - I'm hoping H&C would strongly consider resolving my case. I think I need to apply for a PRTD under H&C and as far as I know I would need to apply to renew my PR under H&C whilst being physically inside Canada during this application. Now the question if this goes through well is if I am able to work in Canada whilst this is processing as I heard it can take a very long time?

When did your sister have her child and when did her mental health stabilize as well as proof of not having any other family members in the UK will be factors in whether an H&C case will be approved. If for example she gave birth in 2020 when you were already not compliant with your RO then that would be very different than if she gave birth in 2018, had proof of longterm postpartum psychosis and potentially depression as well and can prove she has continued to have mental health issues since 2018 with medical records and potentially hospital records to provide proof that she has been suffering from mental health issues since the birth until relatively recently and had no other family in the UK. The other big issue is that you may get reported the next time you attempt to enter via a land border. Did you get married or have any children since landing? You would not want to sponsor anyone until you are compliant with your RO. Do you or your family who also got PR (if relevant) have medical issues that will require care? In some provinces access to public healthcare will be very difficult without a valid PR card or meeting RO. There are multiple considerations to make. You also need to consider your age, career, what you are wanting out of a move to Canada, etc. But The transition to Canada can be difficult especially in some professions and depending on your age especially if arriving without secured employment.