PR obligation of 730 days not met


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Shivani33   
Member since: Jun 09
Posts: 3
Location:

Post ID: #PID Posted on: 16-06-09 11:31:46

Sir,

I am a widower. My son and me are holding valid PR card, which will expire next month.

My husband died in an unfortunate event 6 years back in Chennai. This tragedy happened immediately after we received our landing documents. With the moral support and encouragement of my in-laws, we completed medical exams and sent passports to CIC for initial landing visa.

We came to Canada in 2004 and got our PR card and SIN card in July 2004. But being single and my son was too small, I decided to return back to India. I stayed in Chennai for about 4 years with my in-laws and with their support. I worked in an IT company as a software developer. My son was 7years old at that time. We were in a state of deep shock.

Now when he turned 13 years, and as time passed, we came out of the shock. I decided to settle down in Canada. We came back again in Jan 2009 and now here since last 6 months, with an intention to start new life and make Canada as my home.

We will be able to complete 400 days by the expiry date of PR card. I seek your advice. Should I apply for renewal despite of not meeting 730 days of PR obligation ? Will our PR renewal be approved ? Or should I wait till we complete 730 days of stay in Canada ?

Kindly let me know what are my options.

Thanks for reading this mail. Expecting your advice soon.

Thanks,
Shivani Krishnan



Iknownothing   
Member since: Jan 08
Posts: 429
Location: Ohio

Post ID: #PID Posted on: 16-06-09 11:40:06

Quote:
Originally posted by Shivani33

Sir,

I am a widower. My son and me are holding valid PR card, which will expire next month.

My husband died in an unfortunate event 6 years back in Chennai. This tragedy happened immediately after we received our landing documents. With the moral support and encouragement of my in-laws, we completed medical exams and sent passports to CIC for initial landing visa.

We came to Canada in 2004 and got our PR card and SIN card in July 2004. But being single and my son was too small, I decided to return back to India. I stayed in Chennai for about 4 years with my in-laws and with their support. I worked in an IT company as a software developer. My son was 7years old at that time. We were in a state of deep shock.

Now when he turned 13 years, and as time passed, we came out of the shock. I decided to settle down in Canada. We came back again in Jan 2009 and now here since last 6 months, with an intention to start new life and make Canada as my home.

We will be able to complete 400 days by the expiry date of PR card. I seek your advice. Should I apply for renewal despite of not meeting 730 days of PR obligation ? Will our PR renewal be approved ? Or should I wait till we complete 730 days of stay in Canada ?

Kindly let me know what are my options.

Thanks for reading this mail. Expecting your advice soon.

Thanks,
Shivani Krishnan



CIC can still consider your case under humanitarian grounds. Please go though this link for more information. http://www.cic.gc.ca/english/inFORMation/applications/guides/5529E2.asp

Hope this helps!



Shivani33   
Member since: Jun 09
Posts: 3
Location:

Post ID: #PID Posted on: 16-06-09 12:48:07

Thanks for your quick reply.

I also would like to know despite of not completing 730 days, what are my chances of getting my PR approved application considered on humanitarian and compassionate grounds.

We had hard time at Pearson Airport on arrival convincing immigration officer, about the circumstances beyond my control that have kept us living outside Canada. He finally got convinced and stamped our passports with arrival record and "RR" as the remark below it.

Also please let me know how my current employment will affect my PR application as presently I am doing survival job (Store Associate) and not my field job (Software Developer).

Secondly I also came across other immigration forums on net where the people not meeting 730 days obligation were advised to wait for some more days till their PR obligation gets fulfilled and then apply for renewal if they have no planning to travel outside Canada till that many days.

Thanks
Shivani Krishnan



cdn_dude   
Member since: Dec 05
Posts: 942
Location:

Post ID: #PID Posted on: 16-06-09 13:38:52

If you are serious about staying in Canada, then there is no point in taking the risk - especially after having hard time at the airport. It is worth waiting for 730 days to complete and then apply for the renewal of your PR card.

Always weigh your risk. Take the risk only if you can afford to lose what you are fighting for.

Quote:
Originally posted by Shivani33

Thanks for your quick reply.

I also would like to know despite of not completing 730 days, what are my chances of getting my PR approved application considered on humanitarian and compassionate grounds.

We had hard time at Pearson Airport on arrival convincing immigration officer, about the circumstances beyond my control that have kept us living outside Canada. He finally got convinced and stamped our passports with arrival record and "RR" as the remark below it.

Also please let me know how my current employment will affect my PR application as presently I am doing survival job (Store Associate) and not my field job (Software Developer).

Secondly I also came across other immigration forums on net where the people not meeting 730 days obligation were advised to wait for some more days till their PR obligation gets fulfilled and then apply for renewal if they have no planning to travel outside Canada till that many days.

Thanks
Shivani Krishnan



hchheda   
Member since: Aug 05
Posts: 2245
Location: Woodbridge

Post ID: #PID Posted on: 16-06-09 13:51:30

Dear Shivani,

Once you within Canada, you dont need PR card to stay. Just continue living as you are and apply for Citizenship when due. The purpose of PR is only for entering Canada and related travelling.

Your occupation has no bearing on the PR card or your status as long as you pay your taxes and complete all legal responsibiities. Just concentrate on your career and your son's education.

Good luck and dont worry, everything will be fine very soon.

Hiren



desi-friend   
Member since: Jun 08
Posts: 237
Location: Toronto

Post ID: #PID Posted on: 16-06-09 15:29:35

As stated by hchheda PR card is mainly for reentering Canada. If you are not planning to go to India in next 2 years i.e., your balance 300+ days and 10-12 months of citizenship processing time then you don't actually need PR card. Your current status will not be affected by not having a PR card.
All the best and hope things work out the way you want.



pratickm   
Member since: Feb 04
Posts: 2831
Location: Toronto

Post ID: #PID Posted on: 16-06-09 16:26:10

PR status validity is determined during the following situations -
- Seeking entry into Canada by using PR Card
- Applying for PR Card renewal
- Applying for Travel Document at a consulate abroad

In your case, the validity of your PR status was established by the immigration officer when you landed and he determined that your status is valid enough to allow you to enter.
End of story - there's no need for you to renew your PR card - attempting to do so is only asking for trouble.
The only catch is that you should avoid travel outside Canada until you are able to meet PR residency requirements without any doubt.

Your job, income, etc. has no bearing on your PR status.


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-- Rhett Butler in "Gone with the Wind"


Contributors: Shivani33(3) cdn_dude(3) Fido(2) pratickm(2) Naturemom(1) Iknownothing(1) Kalpna(1) hchheda(1) desi-friend(1)



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