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Q & A: Failure to Obtain RRP: Implications

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Q. Shortly following landing, I and my family applied for the Returning Resident Permit in order to allow my spouse to complete her education abroad. This application was refused. What can we do now ? Some options are obvious :

1. My wife is leaving her PhD and we’re going in Canada : which is not adequate for her.
2. I’m leaving my wife and my child here and I go in Canada alone : not adequate for either of us.
3. We’re staying here without RRP : would this mean we have abandoned Canada as our residence?
4. Can we apply one more for RRP, explaining more in detail what we did and why ?

Answer: The short nature of your residence in Canada prior to your departure was likely the reason for your refusal. This scenario has become increasingly common more recently. Future applications may result differently, but it is not necessarily the case.

The failure to obtain the RRP, in itself, will not jeopardize your status in Canada as long as you maintain the ability to demonstrate that you did not have the intention to abandon Canada as your place of your permanent residence.

If it is a possibility, your (and possibly your child’s) return to Canada pending the conclusion of your spouse’s Ph.D., you status in Canada may be somewhat more secure. As mentioned, however, this is not an absolute necessity.