Renewal of PR

[moonz]

Hi,

Have got my PR in 2008 after that till Feb' 2011 (which is 2 yrs 9 mnths )stayed n worked in Canada.

By the end of Feb' 2011 moved to India along with my daughter, she is canadian citizen(7 years old now). Since Feb' 2011 I am staying in India have not been to Canada in these days.

I have also file for divorce with my husband and stuck with some legal issues here in India. My husband works and stays in Canada.

Again i renewed my PR in 2013 which is valid till June '2018 probably by 2017 May or June planning to go back.



Will I be able to renew my PR in future in this condition once i go back to Canada.

Please reply ASAP

 

[scylla]

If you want to ensure you have no issues keeping your PR status, you must ensure you live in Canada for 2 out of every 5 rolling years to meet the residency obligation. Right now you are in violation of the residency obligation since you haven't been in Canada since February 2011. You should return to Canada as soon as you can if you want to have the highest chance of retaining your PR status.

 

[Leon]

The sooner you go back, the better. As you do not meet the RO, you could get reported on entry. If that happens, you can appeal listing your reasons for why you could not return to Canada sooner. If they consider you to have H&C grounds, they may allow your appeal and let you keep your PR. They may consider things such as severe medicals problems by yourself or family. Taking care of a sick relative and having proof etc. If you lose an appeal, you lose your PR.

If you are able to enter without getting reported, you should stay for 2 years straight without leaving at which point you meet the RO again and can apply to renew your PR card. You should not try to renew your PR card until you have met the RO.

 

[moonz]

Hello,

First of all thanks for you quick response

If I have H&C ground where do i need to appeal to keep my PR status

 

[Rob_TO]

Hello,

First of all thanks for you quick response

If I have H&C ground where do i need to appeal to keep my PR status

You haven't lost your PR status yet so there is nothing to appeal right now. You can return to Canada with your valid PR card. Upon talking to immigration at the airport, CBSA may or may not report you for being in violation of the RO.

If they report you, you will be given instructions on how to appeal. While waiting for the appeal (I heard can take up to 2 years or so), you will be allowed to stay in Canada as a PR.

If you are not reported, then you don't have to appeal anything. You will just need to stay in Canada 2 straight years without leaving until you are back in compliance with the RO, and only then apply to renew your PR card. Anytime you left Canada during the 2 years, you would face the risk of being reported upon your return.

 

[moonz]

Thank you soo much Rob