applying for sin card but PR expired

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Sep 11th 2012, 6:57 pm

#46

Alan2005

Joined: Aug 2005

Posts: 14,227

Re: applying for sin card but PR expired

Quote:

Originally Posted by PMM

1. Actually "he" is taking up a slot, there is a fixed no. of FSW/PNP to be issued every year.

Yeah, what I meant was that they don't issue extra visas for PR's that have their residency removed. His status as a PR has no affect on the number of visa's available today.

Quote:

Originally Posted by JonboyE

I think it is just that there has to a point at which someone is deemed to be taking the ****.

You could also argue that taking 3 or 4 years to process the visa is taking the piss. And that it's unsurprising that people have other things going on in their lives by the time they come through.

Quote:

Originally Posted by rivingtonpike

I would suggest that the problem is that that not having fulfilled his obligation to live here for 2 of the last 5 years he would be breaking the law to enter as a permanent resident. I don't think any of us in a civilized society have the individual right to pick and choose which laws we obey. That way lies anarchy.

But he isn't breaking the law. He's a PR until it's revoked - it doesn't get revoked the instant you don't meet the residency reqs.

If the government wanted to categorically prevent this kind of thing, they could just change the rules so that PR renewal applications could sometimes be audited and go further back than five years. However the people processing the PR card renewals are explicitly not allowed to do this - which indicates to me that this loop hole has been left in intentionally.

Sep 11th 2012, 7:45 pm

#47

Former Lancastrian

Lost in BE Cyberspace

Joined: Nov 2011

Location: Somewhere between Vancouver & St Johns

Posts: 19,850

Former Lancastrian has a reputation beyond repute

Re: applying for sin card but PR expired

Quote:

Originally Posted by mikemyers

wow never knew this thread would generate this much disgust/hatred but i can see everyones point as no one knows my situation thank you all for your input.

ps i have no intention of lying and i totally agree this is the best country in the world

cheers

Unfortunately the disgust/hatred is not aimed at you specifically but at the system in general. You applied to become a PR and landed and knowing that there is a residency obligation to meet. Unless exempt from the obligation as per the link I provided then you have failed to meet your obligation.
Unless your situation meets one of the exemptions or there are circumstances such as H & C grounds as follows
If the combined total of days is still less than 730, the residency obligation may still be met if there are H&C considerations relating to the permanent resident, taking into account the best interests of a child directly affected by the determination, that justify retaining permanent resident status.

http://www.cic.gc.ca/english/resourc.../enf23-eng.pdf