PR card renewal/passprt copies/exit/entry record

Hi,I had applied for urgent renewal pf PR card on 24th July application received 29th july. application sent to cpc on 5th july.Down below is what is written on  my online status Can some one verify what does that mean and is my application still under urgent processing.What doesw it mean by normal service standards. Thank you

they asked me for my passport copies all pages and exit/entry records, Which I sent and they received on 18th july. So far not heard anything. I had about 25 entries in the last 5 years but I complied with residency requirements. Applied for renewal after have 735 of residency days and absence from canada 1085

 

We returned your application to the Case Processing Centre on July 5, 2011. The Case Processing Centre will continue to process your application within the normal service standards.

 

Edited by ski - 27 Oct 2015 at 4:30am

One can only guess. You cut it very, very close. In your circumstances, you should have expected there to be questions, if not doubts, if not skepticism about meeting the residency obligation.

I do not know how quickly they will process your application now, but I would not be at all surprised that it is not on an urgent timeline.

It is worth remembering, too, that just because you do obtain a new PR card, you must still continue to be in compliance with the residency obligation on an on-going basis and that any days in Canada more than five years previous fall out of the calculation and will not count toward meeting the obligation.

For example, say you do obtain a new PR card in time to travel abroad by September 1:

You say you were present in Canada 735 days as of June 24, and assuming you have been in Canada since that date, as of August 31 you would have, at the most, 803 days in Canada within the previous five years, minus any days you were counting prior to August 31, 2006.

Thus, if you travel abroad on September 1 for 74 or more days (or less depending on any days in Canada in 2006 that will fall out of the calculation), you would then be in breach of the residency obligation and subject to being issued a removal order upon your return since, at that time, you will have not been in-Canada for 730 days within the previous five years. The expiration date of your PR card is irrelevant. What counts is how many days you have been in Canada within the prevous five years . . . and this calculation can take place any day from now on and is fairly likely to take place on any day you are seeking to re-enter Canada.

I am not sure, but I'd guess that there will be a notation in your records about the extent of your absences to date that may result in notifiying a CBSA officer screening entry at a POE that your compliance with the residency obligation should be ascertained. It appears that PRs returning to Canada with valid PR cards have had a relatively easy time of it at the POE unless it is blatantly apparent that they have not been in compliance. Once a flag (or something of that sort) appears on the PR's record, though, the PR might not find the examining CBSA officer at the POE so easy in this regard.

Moreover, there is cause to suspect that this is one more area in which this government is pushing for more enforcement.

Observation:
I go into the following level of explanation and detail less for your benefit than for the benefit of others who peruse this forum looking for ideas and information that will help them better understand what their obligations are and what they might expect. I believe there are many misconceptions out there (and indeed I believe that unreliable consultants have contributed significantly to this -- I do not know how reliable your consultant is, and perhaps yours is among those who are very good, I do not know, but I do know that a reliable consultant should have cautioned you about submitting an urgent application for a renewed PR card in your circumstances), particularly as to the nature and application of the residency obligation following the fifth anniversary of the day the PR landed. The PR residency obligation is very, very liberal, but because it is so liberal it tends to be fairly strictly applied, and is very strictly applied once a removal order is in the appeal process (especially so in the Federal Courts). But the other area in which there is a good deal of misconception, it seems, is regarding proof . . . just being "in Canada" is not enough, since the burden of proof is on the PR and thus the PR must be able to prove being in Canada beyond a balance of probabilities, and, frankly, for someone who clearly was not in Canada most of the time (like you), they can anticipate having to submit documentary proof of their presence beyond merely disclosing entry and exit dates. (That is, having proof of actual presence inCanada in-between one's entry and exit dates.)


Thus:

If you are really asking what "normal service standard" means, that is readily available at the CIC website under FAQs.

Service standards are commitments to a specific level of service that applicants can expect to receive under normal circumstances.

from:http://www.cic.gc.ca/english/information/faq/service/service-faq04.asp

The standards are distinguishable from actual processing times; reported processing times "represent the time it took [CIC] to proces applications in the past." (see this link)

I have not seen a standard posted for PR card renewals, just for the initial PR card.


But I assumed you knew that much and were more interested in what it means as a practical matter, as in what might be learned from actual or reported experience.

By the way: the current service standard policy is relatively new (implemented last year) and there is, in essence, no assurance that the standard will govern how long it takes to process a particular person's application; the only enforcement mechanism in place is that CIC is committed to monitoring its progress on meeting the service standards, reporting on this, explaining failures to meet it, and modifying operations "as necessary." In other words, the standards constitute a goal for CIC generally, not a rule that has any direct effect on an individual's application.

The current posted processing time for renewal of a PR card is 131 calendar days, that is, well over four months.

Perhaps your PR card application will be processed pursuant to the urgent processing policy. I do not know.

I suspect that it will NOT be processed on an urgent basis.

Indeed, it was my impression that they would inform you within just two business days whether it was possible to speed up the process . . . instead you got a request for addtional documentation, which suggests (to me, though I am NOT sure of this) that no, your application would not be done pursuant to a speeded up process.

That is, I suspect the current processing time for renewal of PR cards generally (the 131 calendar days) is the BEST time frame in which you might expect your application to be processed. As I said in my previous post, though, this is a guess.

I was also suggesting, however, that it may take even longer. I explained the reasons why it may take longer: you cut the residency obligation so close that any doubt about any of those days raises the issue of whether or not in fact you were in compliance with the residency obligation as of the date you submitted the application. (If their assessment indicates not, even if by just a few days, it is my understanding the application will be denied and you would have to re-apply.)


How positive you are is, essentially, irrelevant.

The weight to be given the advice of an immigration consultant depends a great deal on the individual consultant.
Unfortunately, a great many consultants are NOT reliable, and their advice is thus not worth a whole lot. There are reliable consultants. Distinguishing one from the other is not easy however, even if they are among the "authorized" consultants (new regulatory body just took over just some weeks ago, and things are still in transition, and so far there is no assurance the consultant situation will improve much in the near future).


An immmigration lawyer is a far better source of reliable advice and information.


But the important part here is about PROOF, and cutting it so close was bound to induce CIC to at the least examine your history and application and documentation more closely. Cutting it so close in conjunction with making an "urgent" application (signifying your intent to leave Canada again) was really inviting an investigation. And, I suspect (not at all sure) a good chance that a flag of some sort will go into your records that will alert CBSA POE officers that they may want to conduct a residency examination when you attempt to re-enter Canada in the future.

Moreover, as I was trying to illuminate in my prior post, having cut it so close as of the time you applied for the new card, you remained in danger of being in breach of the residency obligation if you soon traveled and remained out of the country for not all that long, even if they did accept your residency calculation and issued the new card on an urgent basis.

I thought the example I gave would amply illustrate this. But perhaps another will better illuminate what I am cautioning you about:

Say they did issue you the PR card within a five weeks of June 24 and you traveled on August 8. The very, very most time you would have, as of August 8, that would count toward being in compliance with the residency obligation would be 779 days. If your trip abroad was scheduled to (or otherwise lasted beyond) September 25th, you would be in breach of the residency obligation, and subject to being issued a removal order upon attempting to return to Canada EVEN though you have a PR card which is valid until 2016!

If part of your current residency calculation included, for example, being in Canada June 24, 2006 to July 15, 2006, and again you left Canada on August 8 this year, you would be in breach of the obligation if you stayed abroad past September 4 this year. (Again, this is because those days in June and July of 2006 will no longer count, their being more than five years past.) Again, the fact that you have in your possession a residency card valid until 2016 would be irrelevant.

Bottom-line:
How close you cut it raises questions. The consultant should have made this clear.

I do not know how long it will take for your current appliction to be processed. I suspect it will be at least into October.

Your report indicates that your application was "returned" to CPC-Sydney; I do not know what that means, that is, I do not know "who" returned it to CPC-Sydney (after all, CPC-Sydney is who should have received it on June 29). However, given that it was "returned" prior to you sending in the documents I suspect your application could still go through a residency evaluation which might take it beyond the 131 days standard processing time, so it may be well beyond October before they finally determine whether or not to issue a new PR card.

You can still travel abroad and when abroad apply for a Travel Document to obtain authorization to return to Canada. If you do that, you can be sure of a residency obligation examination in conjunction with that, and again, cutting it close may mean you will need to have more proof of being in compliance, and remember that any days prior to five years previous to the date of the application for the TD will not count toward the 730 days required.

I apologize for how long this is, but again your situation seems to be very common and fraught with a lack of understanding as to how the residency obligation works and as to the nature of pitfalls those who cut it close might face.

Yes, I suspect and agree that waiting another sixty days or so before applying to renew might have made a difference (emphasis on might have, not certainly).

Unfortunately, I also suspect that the statement that your application is now under "normal processing" does not necessarily mean you can count on it being done pursuant to the 131 day timeline. It probably means a CIC officer will examine and make a determination on your application some time in late September or early October, at the soonest (depending on whether it is in queue with applications received in late June or is in queue with those received in mid-July, if the latter it could be late October before your application is actually worked on by someone at CPC-Sydney).

It could still be referred to the local office for a residency obligation examination. Since you provided documentation of your entry and exit dates there is a good chance that will suffice, but it is not certain. You will just have to wait and see.

Again, essentially no one is likely to look at your application again until October, and the decision will be made then, either

-- to issue a new PR card, which will be sent to the local office and you will be notified to pick it up, in person of course and presenting specified documents but especially your old PR card

-- or, to refer it to the local office for a residency evaluation

Again, the documents you submitted may suffice resulting in a decision to issue the new card, but I would not count on that until you see what happens in October.

KFQ - When you applied for Urgent Processing, did you include proof of travel (as in, your e-ticket)?  If not, they would most likley ignore the request for urgent processing, and send you through the normal route (i.e. normal service standards).  This means 131 calendar days (today's latest timeline) for PR card processing.