Canadian PR Renewal- Letter received from CIC |
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toobrown
New Member Joined: 03 Jan 2011 Location: Dallas, TX Status: Offline Points: 9 |
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Posted: 08 Apr 2013 at 10:05am |
So I had applied for Canadian PR Renewal (from outside Canada) and last week I received a letter from CIC, stating that my PR card is ready for pickup however they need to review some of my documents.
A little background: I got my permanent resident card, back in May 2008 however did not stay in Canada. I got married to a Canadian Citizen in March 2009 and have been living together since then. Scenario: They have given me a date of April 17th 2013, to come in and complete this formality. Unfortunately I cannot make that date. I have already emailed them to reschedule this appointment. Do you guys think, it should be okay? Question: What can I expect in this interview/further review of documents? One of the bullet points on the letter says: List of all absences from Canada, including day, month, year ( for the 5 years prior to the date on this letter)--> Do I just list them on a sheet of paper, or do I need to carry some kind of evidence for this? Thanks toobrown
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dpenabill
Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407 |
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First clarification: PR does not get renewed. Once a person is a PR they remain a PR until they become a citizen or the status of PR is revoked. Obviously, you applied for a renewed or replacement PR card. This is more like applying to replace an expiring passport than it is an expiring drivers' license. Second clarification: generally CIC does not issue PR cards to persons who are abroad. I am not sure about the particulars of the current policy. Typically PRs abroad whose PR cards expire will have to obtain PR Travel Document for the purpose of boarding commercial transportation destined for Canada (albeit anyone carrying a passport from a visa exempt country will not necessarily find it difficult to find transportation to Canada notwithstanding the lack of a currently valid PR card). All that said, it appears they are subjecting you to a residency compliance inquiry. So long as you are living with a Canadian citizen spouse, as in "accompanying" your Canadian citizen spouse, that generally suffices as time "in Canada" for purposes of the PR residency obligation. (This warrants a caveat; see below.) But yes, you should take evidence, as in documentation with you, to prove that you have complied with the residency obligation. To the extent your compliance is based on accompanying your Canadian citizen spouse, you should have: -- proof of marriage -- proof of spouse's Canadian citizenship -- proof of actually living together -- thus, proof of places of residence -- any additional proof you have of time spent physically in Canada Regarding the "caveat" about "accompanying" a Canadian citizen spouse: Most indications are that the fact of actually living together meets this. However, there are a few instances in the past in which CIC has approached "accompanying" strictly. I do not know the extent to which this can arise as an issue these days, but if you were living abroad prior to marrying a Canadian, and then continued to live abroad, this potentially could raise an issue about whether you are in fact "accompanying" your spouse abroad. The possibility of this being a problem can be avoided if the reason you are continuing to live abroad is that your spouse is employed abroad, so if you have proof of that, that the reason for continuing to live abroad is that your Canadian citizen spouse is employed abroad, that proof would be some additional insurance (so to say). Final caveat: Hopefully you did not fudge the address used in making the application, and you gave your actual address abroad. I only mention this because it is a very common mistake, PRs using a friend's or relative's address in Canada in the application for a new PR card (since the application for a renewal of the PR is for PRs "within Canada" and to be eligible applicants must be "physically present in Canada"). The legality of an address is not the issue, since the applicant is required to give the address at which they actually live. In any event, going forward, be sure to give CIC your actual information regarding where you have lived. No reason to risk becoming inadmissible and losing PR status due to that, or going to jail even, by making material misrepresentations. |
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Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.
BTW: Not an expert, not a Can. lawyer, never worked in immigration |
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toobrown
New Member Joined: 03 Jan 2011 Location: Dallas, TX Status: Offline Points: 9 |
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The letter says:
Your new PR card has been received at CIC St Clair . They need to determine my eligibility and review a few documents. I shall carry all the relevant documents. Have already requested my previous employers to provide me with employment verification letters. Also, as I cannot make my original appointment, can I just walk-in to their office, within the next 180 days and get this formality done? Do I need to make an appointment? Toobrown
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dpenabill
Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407 |
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I do not know how local offices deal with these situations in practice. An appointment is better, but whether it is possible to just walk in and get an interview I do not know. Unfortunately, just because the new card has been printed and issued from Sydney does not mean the local office will actually deliver it to you at the time of the interview (especially if you just walk in). I am not sure (how it goes will vary from person to person), but there are significant odds they will conduct the interview, examine your proof (documents), and in effect put the application on hold while they verify your information or conduct further inquiries. Your documentation and information may be sufficient for the local office to deliver the card at that time (there have been a couple Federal Court cases in which CIC has been, to some extent, chastised for failing to deliver the card to qualified PRs) but, again, my sense is that it is more likely they will at least hold the card for awhile longer while they verify your information. I would not look at this as a mere formality by the way. It appears you are being asked to prove your "eligibility" and that is not a mere formality, but rather a substantive process. |
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Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.
BTW: Not an expert, not a Can. lawyer, never worked in immigration |
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zqhhzq
Junior Member Joined: 18 Mar 2013 Status: Offline Points: 17 |
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Hi, I have the same situation as yours.
I applied from outside Canada too. My card got approved but then was transfered to local CIC on March 21st. Till now there is no update information ask me to pickup the card. Could you kindly share your timeline, thanks a lot. |
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dpenabill
Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407 |
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Since the CIC website clearly states that to be eligible for a renewed PR card the PR must be physically in Canada, I hope you both report back about how this goes for you, so that others will have a clue about whether this can be done (or not).
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Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.
BTW: Not an expert, not a Can. lawyer, never worked in immigration |
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toobrown
New Member Joined: 03 Jan 2011 Location: Dallas, TX Status: Offline Points: 9 |
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so today morning, I was able to connect with the CIC and told them about my situation. They said that I can walk in, any day, to the St Clair office and take care of this. I am planning to go there on May 2nd 2013. Will update this forum about my experience
FYI, I called the 613-944-4000 number via my gmail. TB
Edited by toobrown - 09 Apr 2013 at 10:12am |
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toobrown
New Member Joined: 03 Jan 2011 Location: Dallas, TX Status: Offline Points: 9 |
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Today I was able to go to the St Clair Office in Toronto, ON. The office was almost empty with hardly any people. There was only 1 window open and a lady was looking into people cases.
I took a token and my number was called within 20 minutes. Gave the lady my letter, she asked for my passport. Then asked for my wife's present and old passport. Started typing stuff on her computer, after 3 minutes, she gave me my new PR card. She then took my old PR card. I was in and out in 40 minutes. |
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