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Applying PR card & TD after breaching residency

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coolspy View Drop Down
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    Posted: 19 Jun 2011 at 4:36pm
I asked related question on preserving PR before; however, to have additional suggestions as my spouse current situation is below:

   Traveled frequently to Canada and completing studies in USA.

   Have working Canadian spouse, and child attending school in Canada.

   Spouse was asked multiple times about 730 days at POE, and gave the answer that lived in Canada around 730 days or little shorter. Allowed entry without any problem after secondary inspections as well.

   Now made a thorough calculation today and found that breach was around 45 days at the anniversary date of PR.

   Will now satisfy the 730 day requirements in 2 weeks.

My question is will the PR will be renewed..? Little bit of studies/work is left and may have to leave after applying PR card.

Will the TD will be issued in this case (will not be in breach again even if stayed for 3 more months outside country)..? How-long it takes to get TD issued?

Please give suggestions on supporting documents when applying for both (PR card and TD)?

Thanks for the help.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote canvis2006 Quote  Post ReplyReply Direct Link To This Post Posted: 20 Jun 2011 at 1:57am
I would suggest to wait a few extra days over the 730 days before applying to renew the PR Card. Spouse can leave Canada after applying(sending in the application to CPC Sydney). Note that spouse will have to be present IN Canada in order to pickup the card from local CIC.

For the TD, it depends on which country your spouse will be applying in, most missions can issue it on the same day if spouse goes to apply in person, some can take a few days. However, evidence regarding meeting the 730 day may be requested by the consular officials at the Canadian mission abroad, so be prepared to show proof.

I'm not sure what happened at the POE at secondary, did Immigration officials do any calculations, etc? If not sure, order the FOSS notes using IMM5563B, and see if they made any remarks in the system at POE.

Did they input any data about her residency in the computers at POE?

Lastly,
I would advise you to check the Canadian mission's website on the country your spouse will be going to, in order to see their service standards and processing times, as well as the documentation requirements as they can vary from mission to mission, along with the general requirements common to all TD applications.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote coolspy Quote  Post ReplyReply Direct Link To This Post Posted: 20 Jun 2011 at 1:27pm
Thank you Canvis for the information and suggestion.

Will be apply from USA.

POE did not make any calculations? Was questioned always because of meeting residency in Canada and studying abroad.

Passport is filled many travel stamps to USA, However; they were convinced after explaining specific situation and immediate family in Canada.

In the last POE secondary examination officer said there is nothing negative in the system and asked me to carry the sheet with all the travel dates and suggested me to apply for renewal as card was expiring with in a month.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote coolspy Quote  Post ReplyReply Direct Link To This Post Posted: 26 Jun 2011 at 2:09am
Hi Canvis,

Is it 5563.? or 5563B?

http://www.cic.gc.ca/english/department/atip/index.asp

Were do we send this form?

Du you know how long it takes to send back the information.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote canvis2006 Quote  Post ReplyReply Direct Link To This Post Posted: 26 Jun 2011 at 11:52am
Same procedure as applying for CAIPS, except that you apply for FOSS notes.
Form is IMM5563B.

Send it to the Privacy Coordinator at CIC Headquarters in Ottawa.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote coolspy Quote  Post ReplyReply Direct Link To This Post Posted: 26 Jun 2011 at 9:27pm
Thank you Canvis.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote coolspy Quote  Post ReplyReply Direct Link To This Post Posted: 15 Jul 2011 at 4:16pm
I have 732(exact) days the day i sign the application after the breach and have to travel again after 2 weeks, can the card be processed urgently with in that time. I will include the ticket.

Spouse traveled a lot; are we cutting to close?

If we wait it may not help as the calculation now starts from last five years.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote canvis2006 Quote  Post ReplyReply Direct Link To This Post Posted: 15 Jul 2011 at 10:23pm
Ensure after you've sent the application (I assume you used xpress method), follow up with call centre as well.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote coolspy Quote  Post ReplyReply Direct Link To This Post Posted: 16 Jul 2011 at 1:20am
Thank you canvis.

Worried as i only have 740 days. We included what ever tickets or boarding passes we have and also the passport pages.

Edited by coolspy - 28 Jul 2011 at 2:28pm
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Post Options Post Options   Thanks (0) Thanks(0)   Quote coolspy Quote  Post ReplyReply Direct Link To This Post Posted: 28 Jul 2011 at 2:44pm
CIC agent said they approved pr card today. I am wondering whether pr card will be able to get to my local office in 3-4 days as the travel is after that.

For the benefit of others.
It was only 20-30 days breach on the day of anniversary. But it was beyond control: studying abroad . Prepared application with substantial proof of traveling to and from Canada and staying & studying abroad and family was in Canada . The day signed had 739-730 days.
Sent Urgent processing.

I want to specifically thank Canvis2006 and dpenabill for their suggestions. The important advice given by both of you was to explain the situation and give honest answers on application, entry and exits. The other thing was never submit application without being in compliance with residency obligation.

Info for canvis 2006: I still didn't receive my FOSS notes and its already more than 4 weeks.

Edited by coolspy - 28 Jul 2011 at 2:48pm
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