Residency obligation not met

[M.D.J]

Hi,

I landed on July 2006, stayed for few days, left and came back in June 2011 through US boarder and stayed for good till today (except short trips to US).
My PR expired on July 2011 and I made the stupid mistake of applying to renew it, long story short the CIC asked for passports translation and I haven't provided them till my application was considered abandoned and was mailed back to me with a letter stating that if you attempt to renew it in the future, I still have to provide the passports translation.
Now I have been living and working in Canada for the last 444 days, I also own a property/car and have filed for family sponsorship, but haven't got approval yet!
After completing 730 of residency (286 days from now), will CIC renew my PR?

Thanks.

 

[computergeek]

I landed on July 2006, stayed for few days, left and came back in June 2011 through US boarder and stayed for good till today (except short trips to US).
My PR expired on July 2011 and I made the stupid mistake of applying to renew it, long story short the CIC asked for passports translation and I haven't provided them till my application was considered abandoned and was mailed back to me with a letter stating that if you attempt to renew it in the future, I still have to provide the passports translation.
Now I have been living and working in Canada for the last 444 days, I also own a property/car and have filed for family sponsorship, but haven't got approval yet!
After completing 730 of residency (286 days from now), will CIC renew my PR?

Some people love to tempt fate.

Note: your permanent resident CARD has expired, not your permanent residency. You remain a permanent resident of Canada, even if your PR card expires until such time as you are stripped of permanent residency. As a PR in breach of the residency requirement, you are subject to losing it. Both applying for a PR card renewal and attempting to sponsor are examples of exactly the types of activities that get people into trouble. Further, the current government is working very hard to crack down on immigration abuse, which they define to include permanent residents not in compliance.

Once you have 730 days of residency in the past 5 years you will be able to renew your permanent resident card. Be prepared to prove that you are in compliance, since your prior abandoned application is likely going to trigger a thorough review of your application. This, of course, assumes your family sponsorship application doesn't trigger a review of your compliance in the interim. I wouldn't suggest trying to leave Canada, either - not even a day trip to the US.

Good luck!

 

[M.D.J]

Hi Again,

So should I just wait till 730 days are earned, or do I need to take some action like getting a lawyer, I mean is there a chance that I get stripped from my PR without an interview or a letter?

Being away from my wife and kids for more than a year is too hard, that's why I applied for family sponsorship, also I thought CIC will interpret this as another evidence that am having long term plans to stay and not intending to leave!

Thanks for any advise.

 

[computergeek]

Hi Again,

So should I just wait till 730 days are earned, or do I need to take some action like getting a lawyer, I mean is there a chance that I get stripped from my PR without an interview or a letter?

Being away from my wife and kids for more than a year is too hard, that's why I applied for family sponsorship, also I thought CIC will interpret this as another evidence that am having long term plans to stay and not intending to leave!

Thanks for any advise.

If they are going to issue a removal order against you, you will have plenty of notification and an opportunity to appeal the removal order LONG before it comes into force. If they do choose to file a removal order, then you should definitely get an attorney.

The safest thing is certainly to wait until you have 730 days in the previous five years before trying to obtain a new PR card.

Good luck!

 

[farid-]

just to give you a hands up i had almost the same situation just to let you know i am away from my husband and son for 2 damn long yrs.
but they will get you for sure whether you applied for renewal or sponsorship, as i applied for sponsorship i was short only 2 months towards 730 days but they issued a residency questionnaire followed by the interview which is not that easy. you have to satisfy immigration officers that there were enough grounds to let you retain your PR status on humanitarian basis.
i don't want to scare but just thought to share some related info. to give you a clear picture. as i just had an interview in may thankfully everything went fine (you can read my previous posts )so you have technically two options
a. don't apply if you can before 730 days.
b. your family is in us they can visit you i believe instead of you going through the risk and
c. if you already have applied for sponsorship then be prepared (have solid reasons for your absence ready) they can issue residency questionnaire against you if you are short of 730 days.
don't waste money on lawyers you can do all that yourself.
BEST of Luck

 

[M.D.J]

Thanks Farid, I did read your whole post couple of days ago and I got to admit its pretty inspiring, you surely did a big painful sacrifice for your family.

You had reasons that kept you away until its late to earn 730 and I had my own reasons as well. I landed then went back and got married, my home country (Iraq) went through this roller coaster ride, which made me obliged to provide shelter for my parents; By the time things got bit easy in Iraq we were expecting the second baby and 40 days after he was born I jumped on the first flight to come to Canada and yes being away from my family is more than torture, but I put my trust in God that things will work out ultimately.

I just have one question regarding your case, when they contacted you, was it before you got your sponsorship approval or after? in my case I have not got approval yet since January 2012!

Thanks.

 

[farid-]

you welcome brother
be strong no worries may God be with you, see you are a father you feel that away, i feel even worst when i think about my son being a mother but when i think that i am doing all that hard work and sacrifice for him it gives me energy and patience to go through all that difficult time.

anyways

i gave you all the time line.
applied for sponsorship on 05.05.2011
got approval and file send to visa office back home in July i believe.
got residency questionnaire in Feb.2012?
got interview call with immigration officer on may 2012.
got result for my interview on Aug 16.2012.
so applied for renewal just recently Sep. 09.2012


so they will not send you questionnaire right away but later in the process whenever they realize that you don't meet residency,they can issue residency questionnaire and later on may be interview.

best of luck