PR card Renewal Issues-Appeal

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Hello,

This is a great forum. Hope i could find some information relevant to my complex situation.
I
returned to Canada few weeks before my PR card expired and immediately
applied for renewal via Case Processing Centre-Sydney. Then I got a
notice that my file has been transferred to local CIC office. From local
CIC office I received additional papers to send as I did not meet
residency requirements. I did that. After a couple of months I had to leave Canada due to family issues. After a year, I got called for the interview in Canada. I have applied for Travel document from Canadian embassy abroad. when I checked my on-line status , I found this information...
We
returned your application to the Case Processing Centre on May 13,
2013. The Case Processing Center will continue to process your
application within the normal service standards
I got PRTD valid for 6 months but only to make an appeal in person, if I
want to.  The PRTD  has been issued based on the grounds that I have
been  present in Canada at least once within 365days before the
examination and decision on my status in Canada has not been
solved.Accompanying letter states that I have failed to meet residency
obligations, they considered H&C grounds etc. If I do not appeal, my
PR status will be revoked within 60 days, automatically.

Now, I have received an interesting letter from CIC office to my landlord address in Canada...

As a negative determination of your residency obligation has been made abroad, I no longer have
jurisdiction to make a decision on this matter. No further interviews will be scheduled at CIC
Vancouver Admissions for your application. You are not eligible for a five-year permanent
resident card. Your application has been closed and returned to the Case Processing Centre in
Sydney, Nova Scotia.
As you received a negative decision on your permanent resident determination in CIC office abroad and
have appeal rights, I am requesting a one-year permanent resident card for you. Your card may
be mailed to you, or you will be notified when the card is ready to be picked up. lf, at the time you
are to pick up the card, you have made an appeal of the negative determination, please bring with
you proof of having made an appeal. lf you do not make an appeal, and it is more than 60 days
from the date of the negative determination, you will not be eligible for the one-year permanent
resident card.

Any
ideas what this means as I am beeing issued both PRTD valid for 6
months to make an appeal and opportunity for 1 yr  valid PR card to
attend the appeal?
Based on your experience, how long does it take to be scheduled for hearing and how long the whole procedure would take?
By
chance if I win the appeal, I presume that my residency status will be
resumed, will be issued a new PR card valid for5 years and be able to
sponsor my family to immigrate.Please advise.
Any advice?

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Rocks Members Profile Send Private Message Find Members Posts Add to Buddy List New Member Joined: 28 May 2013 Status: Offline Points: 3	Post Options Post Reply Quote Rocks Report Post Thanks(0) Quote Reply Topic: PR card Renewal Issues-Appeal Posted: 28 May 2013 at 2:31pm
	Hello, This is a great forum. Hope i could find some information relevant to my complex situation. I returned to Canada few weeks before my PR card expired and immediately applied for renewal via Case Processing Centre-Sydney. Then I got a notice that my file has been transferred to local CIC office. From local CIC office I received additional papers to send as I did not meet residency requirements. I did that. After a couple of months I had to leave Canada due to family issues. After a year, I got called for the interview in Canada. I have applied for Travel document from Canadian embassy abroad. when I checked my on-line status , I found this information... We returned your application to the Case Processing Centre on May 13, 2013. The Case Processing Center will continue to process your application within the normal service standards I got PRTD valid for 6 months but only to make an appeal in person, if I want to. The PRTD has been issued based on the grounds that I have been present in Canada at least once within 365days before the examination and decision on my status in Canada has not been solved.Accompanying letter states that I have failed to meet residency obligations, they considered H&C grounds etc. If I do not appeal, my PR status will be revoked within 60 days, automatically. Now, I have received an interesting letter from CIC office to my landlord address in Canada... As a negative determination of your residency obligation has been made abroad, I no longer have jurisdiction to make a decision on this matter. No further interviews will be scheduled at CIC Vancouver Admissions for your application. You are not eligible for a five-year permanent resident card. Your application has been closed and returned to the Case Processing Centre in Sydney, Nova Scotia. As you received a negative decision on your permanent resident determination in CIC office abroad and have appeal rights, I am requesting a one-year permanent resident card for you. Your card may be mailed to you, or you will be notified when the card is ready to be picked up. lf, at the time you are to pick up the card, you have made an appeal of the negative determination, please bring with you proof of having made an appeal. lf you do not make an appeal, and it is more than 60 days from the date of the negative determination, you will not be eligible for the one-year permanent resident card. Any ideas what this means as I am beeing issued both PRTD valid for 6 months to make an appeal and opportunity for 1 yr valid PR card to attend the appeal? Based on your experience, how long does it take to be scheduled for hearing and how long the whole procedure would take? By chance if I win the appeal, I presume that my residency status will be resumed, will be issued a new PR card valid for5 years and be able to sponsor my family to immigrate.Please advise. Any advice?

twocats Members Profile Send Private Message Find Members Posts Add to Buddy List Junior Member Joined: 21 Mar 2013 Status: Offline Points: 58	Post Options Post Reply Quote twocats Report Post Thanks(0) Quote Reply Posted: 28 May 2013 at 3:43pm
	That is easy. When exactly did you receive negative determination form the CIC office abroad? If 60 days has passed and you did not appeal you lost your PR status. The appeal is not a CIC hearing - it won't be scheduled. You must to take some actions and file a notice of appeal and the written reasons with the Immigration and Refugee Board Immigration Appeal Division registry office. "...If a permanent resident does not submit an appealto the IAD within the time period allowed for the filing of such an appeal (relating to permanent residents who want to appeal a decision made outside Canada that they have failed to comply with the residency obligation under A28), then the decision made outside Canada will become a final determination in accordance with A46(1)(b), once the time period for filing such an appeal has expired. Officers overseas will inform permanent residents of this information by way of a residency determination refusal letter. The consequence of this determination will be that the permanent resident loses their permanent resident status and will no longer be considered a permanent resident of Canada. Furthermore, they will no longer be accorded any of the rights of a permanent resident of Canada, including the right of entry as provided for in A19(2)...." Edited by twocats - 28 May 2013 at 3:55pm

dpenabill Members Profile Send Private Message Find Members Posts Add to Buddy List Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407	Post Options Post Reply Quote dpenabill Report Post Thanks(0) Quote Reply Posted: 28 May 2013 at 10:54pm
	As long as you have timely made an appeal, you still have PR status. Thus the issuance of travel documents facilitating your travel to Canada, albeit the validity dates of those documents is temporary (if you get a one year PR card that is all you need to come and go for that year, or until your appeal is concluded). Once you are in Canada you do not need either of those documents to remain in Canada. That said, if you lose the appeal, that will result in the loss of PR status and you will be subject to a Removal Order. If you win the appeal, it is not so much that your PR status is restored; rather, you are still a PR pending the appeal and if you win your PR status is continued, not lost. Whether you will be entitled to a new PR card at that point will depend, however, on whether or not you have met the residency requirement as of the date you make the application for a new card. You may win the appeal based on H&C arguments, for example, and while I am not sure, I think that it would be better to wait until you meet the residency obligation, 730 days in Canada within the previous five years, before you apply for a new card. Again, a PR card is not needed to stay in Canada. Your PR status continues until the conclusion of the appeal. If you lose, you lose PR status. If you win, you still have PR status. But going forward you must still continue to meet the ongoing PR residency obligation and to obtain a new PR card generally you must be in compliance with that obligation as of the date you apply in order to qualify for it.
	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

Rocks Members Profile Send Private Message Find Members Posts Add to Buddy List New Member Joined: 28 May 2013 Status: Offline Points: 3	Post Options Post Reply Quote Rocks Report Post Thanks(0) Quote Reply Posted: 30 May 2013 at 11:11am
	Thanks for your reply. My understanding is that ...If I decide to appeal, I can come back as I have PRTD in my passport. I should wait for appeal hearing. What is the time line from the moment I am called to defend my case to the moment the case is closed? CIC concluded that I do not have sufficient H&C grounds to renew my status and get PR card. Why would Immigration and Refugee Board Immigration Appeal Division registry office have different opinion? Maybe, it would be easier to apply for new permanent residency. Cheers

[email protected] Members Profile Send Private Message Find Members Posts Add to Buddy List New Member Joined: 04 Jul 2012 Location: uk Status: Offline Points: 3	Post Options Post Reply Quote [email protected] Report Post Thanks(0) Quote Reply Posted: 09 Jun 2013 at 2:22pm
	Hi Rocks Can you please tell me how did you manage to enter without any problems at the airport having only few weeks prior to expire your PR CArd? I am in the same boat going to enter soon to Canada but I have few months to go prior to expire of my PR Card Please give me some light on this. Further how long were you in Canada before entering for the last time. Thank you in advance Edited by [email protected] - 09 Jun 2013 at 2:25pm

Rocks Members Profile Send Private Message Find Members Posts Add to Buddy List New Member Joined: 28 May 2013 Status: Offline Points: 3	Post Options Post Reply Quote Rocks Report Post Thanks(0) Quote Reply Posted: 09 Jun 2013 at 6:48pm
	At all Canadian airports ,there are 2 sections; for Canadians/permanent residents and others. You go through 1st one, slide a card, get a print-out and at the end of the line is CBSA officer who checks your card. That is it. You do not deal with immigration officers and I was not asked anything (in my case). Before my last entry I stayed a couple of months and left. Hope this helps. Good luck

mmnovais Members Profile Send Private Message Find Members Posts Add to Buddy List New Member Joined: 15 Sep 2013 Status: Offline Points: 2	Post Options Post Reply Quote mmnovais Report Post Thanks(0) Quote Reply Posted: 15 Sep 2013 at 11:25pm
	Hello Rocks. My PR Card will expired in Sep 2014. I will move to Canada in the of 2013. In Sep 2014, when my PR card will expires,at this time I will not have 730 days living in Canada. What should I do in this case? Also, when I come to Canada in the end of this year, should I have any matter in the airport?

jaroddz Members Profile Send Private Message Find Members Posts Add to Buddy List Junior Member Joined: 01 Feb 2012 Status: Offline Points: 53	Post Options Post Reply Quote jaroddz Report Post Thanks(0) Quote Reply Posted: 17 Sep 2013 at 9:45am
	Hi Mmnovais, If the custom dosen't catch you on your way in and you manage to pass the the border without been reported by the agent to the immigration (for not meeting your residency obligation), There is no problem staying with an expired PR card, However, you should not leave Canada and you should not apply for anything from immigration (it will raise a flag) until you have your 730 days in the past 5 years (yes the past five years not since you got the PR). After that, you can apply to renew your PR card. Keep in mind that they only look at the 5 year window immediately before you apply to renew so days you stayed in Canada just after your landing will have expired and moved outside that window by the time you are ready to apply and will not count. http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf Page 7 For persons who have been permanent residents of Canada for more than five years, the only five-year period that can be considered in calculating whether an applicant has met the residency obligation is the one immediately before the application is received in the visa office. A28(2)(b)(ii) precludes a visa officer from examining any period other than the most recent five-year period immediately before the date of receipt of the application. Even if a person had resided away from Canada for many years, but returned to Canada and resided there for a minimum of 730 days during the last five years, that person would comply with the residency obligation and remain a permanent resident. An officer is not permitted to consider just any five-year period in the applicant's past, but must always assess the most recent five-year period preceding the receipt of the application. I hope that helps, Edited by jaroddz - 17 Sep 2013 at 9:46am

dpenabill Members Profile Send Private Message Find Members Posts Add to Buddy List Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407	Post Options Post Reply Quote dpenabill Report Post Thanks(0) Quote Reply Posted: 20 Sep 2013 at 1:42pm
	Concur with jaroddz. For emphasis: it appears there is some likelihood you will not be in compliance with the PR residency obligation when returning to Canada this year, so be aware (as jaroddz alludes) that you may face problems at the POE upon attempting to enter Canada, and may be issued a removal order for failing to comply with the residency obligation. While it appears that returning PRs in possession of a currently valid PR card, and particularly one that is valid for a least another year, have fair or perhaps even good odds of not being subject to examination regarding compliance with the residency obligation, remember that merely being in possession of a currently valid PR card does not overcome a breach of the residency obligation.
	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

mmnovais Members Profile Send Private Message Find Members Posts Add to Buddy List New Member Joined: 15 Sep 2013 Status: Offline Points: 2	Post Options Post Reply Quote mmnovais Report Post Thanks(0) Quote Reply Posted: 22 Sep 2013 at 10:18pm
	Hello dpenabill and jaroddz -- thank you so much for the replay. Any tip to success in the POE? Like, any Canadian Airport with agents in the POE less rigours?