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PR renewal with RO and without RO

Discussion in 'Permanent Residency Obligations' started by jimmyspatel, Aug 12, 2019.

  1. Hi all,

    I am confused with my PR renewal and mentioning some of the details herewith.

    I will appreciate your time and inputs. Thanks in advance.

    I got PR visa in 2014 in India. We landed here in 2014 July and went back in 20 days after having PR car. PR card has validity till August end 2019.

    We (Me, my wife and my kid) came back here in 2018 March. We are almost here for 18 months and we want to apply for my PR card renewal.

    I am having job which needs to travel abroad once every six months. MY PR card is about to expire and our next job visit will be schedule to USA in November 2019. (My USA business visa will expire in September 2019 which is in process for renewal).
    I am considering following options.

    (1) I can apply for PR renewal for whole my family with 18 months completed in Canada. and wait for immigration officers reply. I will attached supporting documents from my company statinf requirement for visit.

    (2) I will apply for single PR card of my own (in September 2019, With company supported documents stating official visit requirements) and for my wife and kid i will wait for 730 days completion which will be in March 2020. I will visit USA in Nevember 2019. Can i return from USA by road using expired PR card or should i apply PRTD at canadian embassy in the USA while staying in USA. (Or should i return to India from USA to apply for PRTD at canadian embassy in India)

    Thanks in advance again for all members who are actively supporting and answering all queries.

    Regards

    Jimmy
     
  2. 1) Bad idea unless you want your entire family to lose their PR status.
    2) Yes - your family should wait until they have at least 730 days (preferably more) before they apply for a new PR card. If you apply to renew your PR card before you have 730 days in Canada, you should expect to be refused. You should expect a PRTD will be refused as well. Yes - you can re-enter Canada using your expired PR card however you should expect there's a high chance you'll be reported at the border for failing to meet RO. Sooner or later, you should expect that your PR status will be revoked. Once your wife meets the residency requirement, she can apply to sponsor you for PR.
     
    jimmyspatel likes this.
  3. Hi Scylla, Thanks a ton for your guideline. I will go with 2nd option.

    I tried to talk to IRCC helpline a month ago and i got a reply that you can go to appeal if your PR is revoked in case of not meeting RO. OR in some cases you can get PR card with 1 year validity. Have ever seen such case of getting 1 year PR card in case of appeal. (IRCC clearly indicated that agents on help line are not immigration officers.)

    If we are not meeting RO, does IRCC simply revokes PR status or they ask for details before revoking status.

    Can i apply canada visitor visa after my PR card expires?

    Thanks in advance

    Regards

    Vasav
     
  4. Appealing only works if you have strong H&C grounds for failing to meet the residency requirement. Choosing to live or work outside of Canada is not regarded as an H&C reason for failing to meet RO. An example of a strong H&C reason for failing to meet RO is having to take care of a very ill parent in your home country who cannot live on their own. For this to be accepted, a person needs to provide evidence of the illness and there must also be no other family members living in the home country who could take care of that individual. It sounds like you've spent the last several years in the US working - so IRCC will say you have no H&C case.

    You can apply for a visitor visa only once you are no longer a PR. You cannot apply after your PR card expires. You have to either renounce your PR status or wait until your PR status is officially revoked before you will qualify for a TRV. The approval of a TRV is never guaranteed. If you renounce your PR status willingly, higher chance the TRV will be approved. If you are reported and end up losing an appeal, lower chances the TRV will be approved.
     
    jddd and canuck_in_uk like this.
  5. One big issue would be that you won’t be able to work in Canada if you are on a TRV.
     
  6. Hi canuck78, thanks for the guideline. I need to wait another 7 months for PR renewal and possibly will have to leave current job as i can not travel out of canada
     
  7. Unfortunately there are consequences if you don't follow the residency obligations.
     
  8. Hi All, I have a question regarding my above situation and H&C grounds. I have a single mother who is dependent on me. (As per indian family culture, mother father are considered within family) I lost my father in 1991. She is physically fit and active. As off now she is in canada with us on tourist visa. Can a single dependent mother be considered as H&C ground for staying in india. My mother went to US on green card in 2015 but she was not comfortable and she returned back in 3 months and finally we surrendered her green card.
     
  9. If your mother can care for herself it is not an H&C situation. Canada has various programs for parents including Supervisa and PGP. It was your choice to immigrate to Canada and knew that leaving your mother was part of the consequences of moving. If you do risk applying for H&C and it is denied (they are denied for some parents depending on their situation) your mother will have difficulty travelling to Canada after that because IRCC will be worried she will not return to India.
     
    Copingwithlife likes this.

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