Permanent Resident Status - PR Card Renewal if not meeting RO or Voluntarily give up PR Status and apply again as a skilled worker?

[Copingwithlife]

Thank you Devnill to read and take the time to reply to one of my posts here. Although I would neveer, never ever wish anyone hoping that they would get reported no matter what their background is, what their reasons are for being outside of Canada. I guess people are different. I could never say this to anyone. Anyways, thank you again for taking time and sending your reply.
[/QUOTE]


It’s the level of entitlement that comes across . Ten plus years , not one or two years absent , but TEN plus years
If someone can’t get their affairs in order to abide by the VERY lenient 2/5 rules , basically it just means they didn’t take their PR seriously to begin with . So why of all of a sudden , should it be important now ?

 

[canuck78]

I don't make any apologies. You left in 2009(?) to do Phd research, you must have known that leaving at that time would mean that you would eventually breach your RO as Phds generally last longer than 3 years, so why did you not take any steps to become citizen before you left? Why do you feel you are entitled to maintain your PR despite flagrantly breaching your RO? (and there is a sense of entitlement that comes through in your postings). Cases like yours are a real kick in the teeth to people who make genuine sacrifices in order to maintain RO.

Nevertheless, I do agree that if you do get reported and appeal, there is a fair chance you will win the appeal. CanLi is littered with cases where the applicant won on a technicality.

To be fair there are also quite of cases on CANLI of refusals and would assume some who get reported right away and have long absences may return home soon after arriving in Canada.

 

[dpenabill]

Nevertheless, I do agree that if you do get reported and appeal, there is a fair chance you will win the appeal. CanLi is littered with cases where the applicant won on a technicality.

"Fair chance" is rather broad.

The process reflected in the published IAD decisions does indeed appear to be very "fair," but that, what is "fair," as you have suggested otherwise, tends to lean against the PR who has not been in Canada much if any within the last FIVE YEARS (it is the last five years that counts) . . . that is, in a lot of cases what is "fair" is not an outcome favouring the individual who failed to comply with the Residency Obligation by an egregiously large margin.

I do not make an effort to read all PR RO cases decided by the IAD, or to keep count of outcomes, but I read enough to get a strong impression that absent some rather compelling H&C reasons (removed as a minor for example), the odds on appeal are not at all good for those who have lengthy breaches of the RO.

Moreover, since the proceeding is essentially de novo, technicalities do not tend to play a big part in how the H&C case goes. The H&C case is overwhelmingly about persuading the IAD panel to exercise the panels' DISCRETION to decide the individual deserves an opportunity to keep status.

To the extent that technicalities play a role in PR RO cases, this tends to be about things like whether the PR is entitled to credit for one of the exceptions, and applying the technicalities in such cases tend to go against the PR. The credit for time abroad working for a Canadian business, for example, tends to be rather narrowly and strictly interpreted and applied. In this forum, and in the IAD published decisions even more so, there is no shortage of tales of woe regarding PRs who believed they were OK because they were employed by a Canadian business while they were abroad, only to NOT get the credit . . . based on this or that "technicality" of sorts.

 

[21Goose]

Would disagree that having access to healthcare is guaranteed. Many have been refused healthcards if they don’t have a recent PR card or proof they have been living in Canada without a valid PR card.

Yeah, quite possible. You're technically eligible, but might have trouble getting the actual card. Something to keep in mind for sure