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p.engineer

Member
May 14, 2011
13
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My question here is twofold.

I applied for a renewal of my PR card on H&C grounds that I became a PR with my parents when I was a minor in May 2006. My parents never returned to Canada after landing and I was forced to remain with them until I was old enough to start university in Canada in September 2010. I applied in February 2011 and had been in Canada since August 2010. I then left in May 2011, the same month my PR card expired. My questions are as follows.

1. What is the likelihood that my PR will be renewed based on these circumstances, in your opinion?

2. I will need a TD to return to Canada in August. What is the likelihood that this document will be issued in your opinion?

Thank you
 
Hi

p.engineer said:
My question here is twofold.

I applied for a renewal of my PR card on H&C grounds that I became a PR with my parents when I was a minor in May 2006. My parents never returned to Canada after landing and I was forced to remain with them until I was old enough to start university in Canada in September 2010. I applied in February 2011 and had been in Canada since August 2010. I then left in May 2011, the same month my PR card expired. My questions are as follows.

1. What is the likelihood that my PR will be renewed based on these circumstances, in your opinion?

2. I will need a TD to return to Canada in August. What is the likelihood that this document will be issued in your opinion?

Thank you

1. IMHO you made a bad mistake by leaving, after receiving your PR card on H.& C. grounds.
2. I would think that there is a very good chance that the TD is going to be refused, but you won't know until you apply.
 
I have not received the card yet, which is why I require the TD. I simply made the application for renewal on H&C grounds.

If it is refused, will I then be able to apply for a student visa to enter Canada, assuming I have enough time?

Are there any other ways to re-enter Canada so I can resume university in September?

Additionally, am I still considered a PR if my PR card is expired, I have not met the residency obligation and I am no longer in Canada?
 
I will soon be re-entering Canada to await receiving news of my renewed PR. Is this a better course of action?
 
So your TD has been approved?
 
No it hasn't. I am not applying for one. My current PR expires in May 2011 so I still have two weeks to enter the country and reside until news of my renewed PR arrives
 
You are making your case more complicated and it appears you are doing so willingly. Why not remain inward and collect your PR card first before going outward? Remember your pending application is on the H & C ground and it's treatment is special, whose outcome you can not predict. If you want to avoid an avoidable problem, it is in your best interest to come back before the expiration of the current card you have, collect the new one and after, go to wherever you want to go!
 
p.engineer said:
That's what Im doing. PR expires 31 May, Im landing on the 27th, do you forsee any problems?

I dont see any problem with your situation.

So you left Canada early May 2011 and you are returning May 27, 2011 (just before your PR expires)? So when the IO asks you how long have you been a way, just tell them couple of weeks (3 or 4 weeks). The IO will probably remind you that your PR card is about to expire. Just say: yes, you are aware and you plan to take care of it.

Just answer the questions asked you and you will be fine. Don't go into unneccessary details.
 
My question about forseeing problems related to the IO seeing that I haven't met the residency obligation and possibly issuing a removal order.
 
If the IO believes you haven't met your residency obligation, they may report you. If you are reported, you will have to appear before a judge to argue why you should be allowed to keep your PR status.
 
p.engineer said:
My question about forseeing problems related to the IO seeing that I haven't met the residency obligation and possibly issuing a removal order.

Read my prior post... keep it simple and you'd be OK.
 
Typically how long after I arrive will the hearing be? What do you think of my chances of winning the case? If I do not win, will I be issued a removal order and have my PR revoked?