Permanent Residence Card Renewal | Residency Obligation

Issue: 

"I want to renew my PR Card but I do not have the required number of days. I need your help."

Solution: 

The Immigration and Refugee Protection Act requires you to have a minimum of 730 days of residence in Canada for any given 5 year period. This is referred to as your residency obligation. 

You meet your residency obligations if you were physically present in Canada for a least 730 days. If you were absent from in Canada and have less than 730 days of physical presence, you could still meet your residency obligation if you were outside Canada because you were accompanying a family member who is a Canadian citizen, or accompanying a family member who is a permanent resident and who is employed by a Canadian business or a Canadian provincial or federal government civil service. 

You can also meet your residency obligation if you were outside of Canada because you were employed outside Canada by a Canadian business or a Canadian provincial or federal government public service.

In the cases described above, the time you spent outside Canada will be counted as though you were in Canada and will enable you meet your residency obligation. 

If none of the above scenarios apply to you, you may still be able to retain your permanent residence status if there are humanitarian and compassionate grounds that justify you retaining your permanent residence status. 

Humanitarian and Compassionate Grounds

Humanitarian and compassionate grounds involves the decision maker reviewing several factors to determine whether relief should be granted and you should be allowed to retain your status as a permanent resident of Canada. No one factor is determinative but several factors are considered and a decision is made on the totality of factors. 

Factors considered include: 

• the best interests of a child directly affected by the decision
• the degree of non-compliance. In other words, how may days are you short of the required 730 days 
• how established are you in Canada compared to your country of origin
• what were your reasons for leaving Canada and spending so much time outside Canada? Factors such as a sick parent, spouse, etc will be considered
• your family ties in Canada
• the hardship that will be caused to you and your family members should you have to leave Canada and loose your status as a permanent resident 

 If you need to renew your permanent residence card, it is best to seek legal counsel. 

If your application to renew your permanent residence card has been refused, contact us. We can represent you before the immigration and Refugee Board and the Federal Court of Canada. 

Testimonials from former clients with PR Residency Obligation issues

Jagadish Vashi

I personally recommend this firm for any kind of Immigration issue.We have very good experiences with this firm and they have very knowledgeable lawyers team, especially Angela Princewill, Immigration Lawyer She did a very very good job to get my mother's Permanent status back in Canada. Angela Princewill, Immigration Lawyer is an extra ordinary person and a very sharp during her session in her court Angela's submission was fantastic and her counter action was superb She knows all the laws by heart I guess so she win any immigration case easily what we believe.Her dedication to the work and sincerity with her work is awesome,We Vashi family can't describe.If any one has an issue with immigration without hesitation contact dedicated lawyer like Angela Princewill, Immigration Lawyer and her firm.

 

Madhura Dabke

I am a Torontonian based house-wife, who hired Candice and Angela and their team of Attorneys to help me acquire permanent residency in Canada. I was dreading the arduous and bureaucratic process, but both Candice and Angela and their staff were very professional and efficient as they helped the procedure go smoothly. Both have an extensive experience which gives them a thorough understanding of the entire immigration process. They are also well-versed in U.S. immigration policy. From your first conversation with them, you immediately become aware of their integrity and commitment, and moreover, the passion they exude for their work. Any concern I raised was immediately addressed. Phone calls were answered in a timely manner. Information I requested about the process was promptly forwarded. They were always courteous and attentive, making me feel that my case was the only one being handled by their firm, when in reality I was likely one of hundreds of clients.