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Re-applying for PR as the residency obligation is not met

smallwhale

Full Member
Feb 24, 2010
24
0
I do not meet the residency obligation. I understand that I may have to apply for the PR all over again. Does getting an offer from a Canadian employer help? Is it even possible to get an offer from Canadian employer while I am not in Canada?
 

steaky

VIP Member
Nov 11, 2008
9,785
627
Job Offer........
Pre-Assessed..
Yes it is possible to get an offer from Canadian employer while one is not in Canada.
 

trk1

Hero Member
Jul 15, 2014
539
85
I do not meet the residency obligation. I understand that I may have to apply for the PR all over again. Does getting an offer from a Canadian employer help? Is it even possible to get an offer from Canadian employer while I am not in Canada?
Even if you have not met residency obligation, if you are in Canada, Appeal should help, as inspite of not meeting Residency obligations, IRB Member will consider other parameters also, like unusual difficulties / best interest of child involved etc.

Even if you are not in Canada, but you missed residency only by a few days, then you should try that still, and in the appeal, you should request to attend the Appeal in person, giving more credibility and positive intent to your request for H&C considerations. ONe reference,
Emodi v Canada (Citizenship and Immigration), 2019

But, if you are short of the requirement by a long one, maybe difficult..review this link
Ramnath v Canada (Citizenship and Immigration), 2019
Valladares v Canada (Citizenship and Immigration), 2019


I am not a legal expert...take it as another opinion!
 

smallwhale

Full Member
Feb 24, 2010
24
0
Even if you have not met residency obligation, if you are in Canada, Appeal should help, as inspite of not meeting Residency obligations, IRB Member will consider other parameters also, like unusual difficulties / best interest of child involved etc.

Even if you are not in Canada, but you missed residency only by a few days, then you should try that still, and in the appeal, you should request to attend the Appeal in person, giving more credibility and positive intent to your request for H&C considerations. ONe reference,
Emodi v Canada (Citizenship and Immigration), 2019

But, if you are short of the requirement by a long one, maybe difficult..review this link
Ramnath v Canada (Citizenship and Immigration), 2019
Valladares v Canada (Citizenship and Immigration), 2019


I am not a legal expert...take it as another opinion!
Thanks so much for the links to the cases.
 

smallwhale

Full Member
Feb 24, 2010
24
0
Yes it is possible to get an offer from Canadian employer while one is not in Canada.
Can you please provide some details? What I heard is, the employers might have to go through a LMIA process, and many of them do not want to do that.
 

scylla

VIP Member
Jun 8, 2010
65,383
9,103
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010