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PR RENEWAL in Canda/ Not meeting residency obligations

peterd

Newbie
Dec 14, 2016
3
0
Hi. Please help in my situation
I with my husband and minor son obtained PR in February 2011.
After 1 month in Canada I went back to home country with my son due my mom sickness. Nobody else was able to take care of my mother in absence of me. I visited my husband in Canada one time for 3 weeks with my son in 2014 and my husband visited us in 2013 for 3 months. Once my sister’s mother-in-law died in 2015 she and her family agreed to take care about our mother so I was able to join my husband in Canada in April 2015. In August 2015 I started English courses, in 2016 my husband and son (now 16 years old) obtained citizenship, I found a job and we bought a house. I applied to renew my PR in August 2016 because I was afraid something going to happen with my mother and I will need to visit her. I provided a document from my country authority which says I took care about my mother for 3 years (she is 80 and blind).
Last week I received IMM 5511 from local CIC where they requested me to provide in 30 days information like all periods when I have been physically present in Canada, absent from Canada and if, as in my case, the total number of days are less than 730 days (I’m 3 months short):
a. Please indicate if there are any humanitarian and compassionate considerations that would justify the retention of your permanent residence status and overcome any breach of your residence obligation.
b. Please include any humanitarian and compassionate considerations relating to the best interests of any child directly affected by a determination of your permanent residency in Canada.

My questions are:
Is it possible to withdraw my application and apply after I will stay 730 days?
Can my case be under H&C considerations?
Can my son’s or husband’s status help me somehow?
Should I send to CIC copies of my son’s and husband’s citizenship certificates, my passport pages copy, documents from school , job, properties etc. and explanation why I did not meet residential requirements?
What else can help me to stay with my family in Canada?
 

withhardshipcomesease

Star Member
Apr 18, 2014
110
36
peterd said:
Hi. Please help in my situation
I with my husband and minor son obtained PR in February 2011.
After 1 month in Canada I went back to home country with my son due my mom sickness. Nobody else was able to take care of my mother in absence of me. I visited my husband in Canada one time for 3 weeks with my son in 2014 and my husband visited us in 2013 for 3 months. Once my sister’s mother-in-law died in 2015 she and her family agreed to take care about our mother so I was able to join my husband in Canada in April 2015. In August 2015 I started English courses, in 2016 my husband and son (now 16 years old) obtained citizenship, I found a job and we bought a house. I applied to renew my PR in August 2016 because I was afraid something going to happen with my mother and I will need to visit her. I provided a document from my country authority which says I took care about my mother for 3 years (she is 80 and blind).
Last week I received IMM 5511 from local CIC where they requested me to provide in 30 days information like all periods when I have been physically present in Canada, absent from Canada and if, as in my case, the total number of days are less than 730 days (I’m 3 months short):
a. Please indicate if there are any humanitarian and compassionate considerations that would justify the retention of your permanent residence status and overcome any breach of your residence obligation.
b. Please include any humanitarian and compassionate considerations relating to the best interests of any child directly affected by a determination of your permanent residency in Canada.

My questions are:
Is it possible to withdraw my application and apply after I will stay 730 days? You can withdraw, but I feel like they'd still ask you for proof of residency.
Can my case be under H&C considerations? I'll let someone else try this, I'm not sure.
Can my son’s or husband’s status help me somehow? If you travelled after your husband became a citizen, and you are over 1095 days abroad, you can fill out the part below the travel history question of 'travelling abroad with a citizen' - make sure you have proof.
Should I send to CIC copies of my son’s and husband’s citizenship certificates, my passport pages copy, documents from school , job, properties etc. and explanation why I did not meet residential requirements? yes
What else can help me to stay with my family in Canada? Do up a little narrative talking about your personal situation, (explain why you were the only one who could take care of your mom, and why you couldn't come to Canada in between) and your plans to establish roots in the future.

Basically, send as much proof of anything as you can to solidify your story.