Never got PR card |
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lululu
Junior Member Joined: 03 Dec 2009 Status: Offline Points: 11 |
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Posted: 17 Jan 2011 at 10:36pm |
I'm living abroad with my Canadian citizen spouse, I landed in oct las year and came back the same day, last month, a letter arrived to my In laws saying that my photos were not good and we needed to send new ones along with a singed form they sent and we had to mail it in 30 days, at that point we talked about my in laws mailing us the form so I could sign it and mail new pictures but it was expensive and we were int he middle of holidays so we put it off now the 30 days have expired so I guess I won't get a PR card my husband is freaking out saying that i lost the residency, It's just the card right?, Oo I still have PR?
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dpenabill
Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407 |
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Yes, a landed PR is a landed PR. The PR card is not a condition of status. It is evidence of status. A PR without a PR card is still a PR.
There may be issues, however, such as identity for example, particularly if and when you go to obtain a Travel Document in order to travel to Canada. You still have your CoPR of course (keep it safe), the passport in which the original PR visa is affixed and cancelled (as of when you landed), so while you may have to go through some motions to satisfy the appropriate authority that you are indeed a PR of Canada, having done that, that should suffice. In other words, there could be a bit of hassle involved, but you should indeed still have your PR status. There are other potential issues of course. I do not know the context or other factors, so cannot really suggest what all the issues might be. However, depending on a variety of factors, the timing of living abroad immediately following your landing, for example, may raise a flag if your sponsor sponsored you while living abroad and thus made an affirmative representation (in the PR application) of an intent for the two of you to return to live in Canada, and the circumstances subsequently suggest that was a misrepresentation (no intent to come to Canada to live together). But even in a case like that, CIC or CBSA would have to commence an investigation and pursue a removal case based on inadmissibility for misrepresentation, and while this does happen, it seems it does not happen often. |
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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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canvis2006
Moderator Group Joined: 29 Nov 2009 Location: Toronto Status: Offline Points: 2574 |
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well, you're still a PR (since you landed already ).
Not sure if photos will suffice now since you did not care about the deadline, not sure if the PR Card generating process is still on hold or it has been suspended(considered abandoned). You will have to: (options depend on situation) -send the photos anyway if you want a PR Card (cost applies) -apply for a PR travel document to return to Canada (fee applies) -possibly have to apply for the Card again (after arrival in Canada with travel document), and pay the $50 fee if your current PR Card processing has been suspended/abandoned by CPC Sydney. So you'll be spending more money NOW anyway. You should also bear in mind the "residency obligations" of a PR. Just because you landed, it does not mean you can stay outside Canada forever. PR status comes with obligations. Check them on CIC website. The longer you ignore your card and stay outside, the more difficult it will get for you as time goes on. You could've saved yourself this hassle if you had taken advice BEFORE you left Canada. |
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