PR card Renewal Issues-Appeal
Printed From: Canada Immigration and Visa Discussion Forum
Category: Canada Immigration Topics
Forum Name: Preserving Permanent Residence Status
Forum Description: How long can a permanent resident remain outside of Canada? Commentaries on preserving permanent residence.
URL: https://secure.immigration.ca/forum/forum_posts.asp?TID=12897
Printed Date: 10 Jun 2024 at 6:51pm
Topic: PR card Renewal Issues-Appeal
Posted By: Rocks
Subject: PR card Renewal Issues-Appeal
Date Posted: 28 May 2013 at 2:31pm
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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? |
Replies:
Posted By: twocats
Date Posted: 28 May 2013 at 3:43pm
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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)...."
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Posted By: dpenabill
Date Posted: 28 May 2013 at 10:54pm
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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 |
Posted By: Rocks
Date Posted: 30 May 2013 at 11:11am
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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 |
Posted By: [email protected]
Date Posted: 09 Jun 2013 at 2:22pm
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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 |
Posted By: Rocks
Date Posted: 09 Jun 2013 at 6:48pm
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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 |
Posted By: mmnovais
Date Posted: 15 Sep 2013 at 11:25pm
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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?
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Posted By: jaroddz
Date Posted: 17 Sep 2013 at 9:45am
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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 - 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,
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Posted By: dpenabill
Date Posted: 20 Sep 2013 at 1:42pm
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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 |
Posted By: mmnovais
Date Posted: 22 Sep 2013 at 10:18pm
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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?
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Posted By: dpenabill
Date Posted: 23 Sep 2013 at 9:59am
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Be truthful. Do not be evasive. If you have been outside Canada more than 1095 days since landing (or within the previous five years if you landed more than five years ago) be prepared to make whatever legitimate H&C arguments you can, including having relevant documentation in your hands (not in checked baggage), including explanation for why a return to Canada sooner was not possible, including demonstration of your ties and commitment to living in Canada. Your situation is what it is. You cannot change the facts. You can just present your facts, make your case, in the best light possible. ------------- 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 |
Posted By: jaroddz
Date Posted: 24 Sep 2013 at 7:35pm
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I don't think there's any tip for that beside get to canada before the 730 day of your PR expiry date, if it not possible the immigration officer at the border have a choice to not to report you, but never lie tell the truth always that may save you. Good luck
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Posted By: vony
Date Posted: 04 Oct 2013 at 7:09am
| I agree with you! |
Posted By: bhavsarchandrakant@g
Date Posted: 04 Oct 2013 at 10:23am
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Hi,= My new PR CARD has been arrived.Just now I am outside Canada.I had applied twice for ''Travel Documents."Collecting date Of my New PR Card was in the last month Of August.I had applied for Travel Documents in the 2nd week Of the Month,so that in time I could collect my New card.Unfortunately after one month of time-The High Commission has returned my passports only and there isn't any kind of Intimation-letter that ''My application has been either rejected or accept''.I do not understand now what to do? I have attached all the necessary documents/papers I have received from the CIC office. And Now I have to live in Canada up till My soulmate and I become the citizen of the country. ------------- CNBHAVSAR |
Posted By: bhavsarchandrakant@g
Date Posted: 04 Oct 2013 at 10:25am
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Hi,= My new PR CARD has been arrived.Just now I am outside Canada.I had applied twice for ''Travel Documents."Collecting date Of my New PR Card was in the last month Of August.I had applied for Travel Documents in the 2nd week Of the Month,so that in time I could collect my New card.Unfortunately after one month of time-The High Commission has returned my passports only and there isn't any kind of Intimation-letter that ''My application has been either rejected or accept''.I do not understand now what to do? I have attached all the necessary documents/papers I have received from the CIC office. And Now I have to live in Canada up till My soulmate and I become the citizen of the country. ------------- CNBHAVSAR |
Posted By: canvis2006
Date Posted: 05 Oct 2013 at 7:37pm
I doubt if you can pick agents at Canadian POE's. You will be sent to waiting line and then whoever is free and upon your turn you will see the border agent then. No way to pick or choose |
mmnovais wrote:Posted By: Yourname
Date Posted: 16 Oct 2013 at 8:54pm
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Hello dpenabill and jarrodz (sorry OP for interjecting here) I was just reading your advise to the OP and mine is a very similar issue. I landed on 14 Oct, 2008 and was out of the country approximately 1481 days. I only garnered 326 days in Canada and need an additional 404 days (approx 13 more months) to make the 730 days obligation. Most of my days in Canada were counted in the first year of my new PR status. (2008-2009) But the bulk of my absence started from 2009 September till 2013 September. My PR Card expires on Oct 31, 2013. I came back into Canada on the 25th of September, 2013. Officers asked me and I answered why I was away and nothing was made of it. They let me in. The officer at the desk just told me that I should renew my card ASAP as it expires "next month". But other than that, no problems at the POE. Based on what I've read, I shouldn't need to renew my PR card upon expiry (unless I plan to travel and get back into Canada... which I don't). It is not mandatory. And that whether the card expires or not, I am still a PR. I've also read that instead of renewing, I can stay in Canada and make up the remaining days before applying to renew the card (which will give me higher chances of being approved) I'd like to know if my thoughts are correct, and also an approximate date I can put in an application to renew the card (assuming I've stayed in Canada thus far) Thanks a ton!! |
Posted By: dpenabill
Date Posted: 17 Oct 2013 at 1:16am
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If you are inside Canada, no report has been made, and you do not leave Canada, and you do not make any CIC application, and stay for two years, then apply for a new PR card, you may be closely examined but you should be OK . . . again, so long as no report was made (no investigation initiated). Right, you do not need to have a current PR card in possession while living in Canada . . . except, it may be required to obtain a health care card for example, or such. In the meantime, of course, however, it is possible there was a report to be followed up by CBSA or local CIC office. Probably not but there is no guarantee. ------------- 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 |
Posted By: Yourname
Date Posted: 17 Oct 2013 at 1:03pm
Hey, thanks a lot for the help! Do you suggest I put in an application for OHIP before it expires then?
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Posted By: dpenabill
Date Posted: 17 Oct 2013 at 1:06pm
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Yes. Drivers license as well if possible. Hopefully you still have your original CoPR. Keep that safe. ------------- 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 |
Posted By: Yourname
Date Posted: 17 Oct 2013 at 6:16pm
Does it matter if the expiration is on 31st and now it's 17th to get DL and OHIP? What's CoPR?
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Posted By: dpenabill
Date Posted: 18 Oct 2013 at 1:32am
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Last I knew, OHIP is OK to apply for even before the three month waiting period is up. But basically see the Ontario Services web pages for both OHIP and what identification you need to obtain a drivers license. CoPR is the original Confirmation of Permanent Residence document that was stamped when you landed -- two copies were kept at the POE and one was given to the PR. It is an important document to keep for life, despite the fact that it can appear to be a rather flimsy piece of paper. You will need it when you apply for a new PR card, and perhaps for other processes in the future. ------------- 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 |
Posted By: Yourname
Date Posted: 18 Oct 2013 at 10:00pm
| Oh man, not quite sure I still have it. I lost a lot of documents in a small suitcase and it may be part of that. Is it a deal breaker? |
Posted By: computergeek
Date Posted: 18 Oct 2013 at 10:35pm
Yes, it is an important document and you will need to have a copy of your COPR in the future (e.g., for a citizenship application). You can request a replacement copy: http://www.cic.gc.ca/english/information/applications/certcopy.asp ------------- FSW applied 6/09, denied (med inadmissible) 12/11. JR leave granted 7/12, discontinued 9/12. Spousal app PPR 9/12. Landed 13 October 2012 |
Posted By: dpenabill
Date Posted: 19 Oct 2013 at 3:12pm
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Replacement copies of the CoPR are no longer available. Instead, CIC will issue a Verification of Status (VOS) document. But what sort of document is issued if one loses their CoPR is not the problem. The problem is that applying for the VOS is one of those processes significantly increasing the risk of a residency investigation (if one has not yet been initiated). For purposes of retirement benefits or application for citizenship, those are well off in the future, and so there is no need to apply for the VOS in the near term because of this. But I am not sure what documents you will need, for example, to obtain OHIP, drivers license, or such. Again, visit the relevant government sites for that information. In any event, not having the CoPR does not change your status so no it is not a deal breaker in terms of whether your PR status is valid . . . but again, whether you need it for OHIP or a drivers license, I do not remember so see the "documents required" information for those at the respective websites. ------------- 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 |
Posted By: yokona
Date Posted: 23 Oct 2013 at 12:49am
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hi! sorry I'm new to forums and I am desperate for answers. I've landed in Canada September 24, 2007 then I went back to my Country March 2008 and stayed there until May 2012 to finish up personal business and some lose ends.My PR expired September 2012. without knowing or reading forums I submitted a renewal request through mail and also online. This morning I got an email stating that they cannot process my application at this time because of the obvious reason and that I have to contact customer service. Is there anyway that I can successfully renew my residency or is this it for me? please help, if only I found this forum a few weeks back... |
Posted By: computergeek
Date Posted: 24 Oct 2013 at 10:16am
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Your PR did not expire. Your PR card expired. Much like having your passport expire does not mean you lose citizenship, having your PR card expire does not mean you lose permanent residence. It does mean that you must meet whatever requirements there are for obtaining a new valid document. As a permanent resident, you have an obligation to spend 730 days in the first 5 years of permanent residency in Canada. After that point, you have an ongoing obligation to have spent 730 days in the previous five years in Canada. CBSA failed to properly identify your breach of the residency obligation in May 2012, but it does not mitigate your obligation. Since you have already drawn CIC's attention to your breach (by applying for a new card without meeting the residency obligation) my advice would be for you to consult with an experienced immigration attorney (not a consultant) for proper advice on how to proceed. ------------- FSW applied 6/09, denied (med inadmissible) 12/11. JR leave granted 7/12, discontinued 9/12. Spousal app PPR 9/12. Landed 13 October 2012 |
Posted By: Yourname
Date Posted: 29 Oct 2013 at 4:08pm
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Thanks guys! I guess I'll ask for CoPR when I get my PR card back after a couple years haha. For now, one last question though.. when I renew the card in 2 years.. do I need to do ANYTHING different? or simply fill out the form and put the correct dates and be careful about showing that since September 2013 - September 2015, I've been put in Canada? |
Posted By: dpenabill
Date Posted: 30 Oct 2013 at 12:22pm
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Probably a good idea to pay attention to potential changes in the law in the meantime. (Although for now the PM, thus Parliament as well, appear to be bogged down in damage control, with not much control in that equation, and thus immigration issues are probably going to be a low priority for the next while or longer.) ------------- 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 |
Posted By: Yourname
Date Posted: 08 Nov 2013 at 2:22pm
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Ah, great, thanks! During these two years, if I'm ever confronted to why I haven't renewed my card.. what's the best answer?
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Posted By: dpenabill
Date Posted: 08 Nov 2013 at 6:03pm
Confronted by whom? There is no obligation to have a currently valid PR card. Indeed, whether you are in possession of a currently valid PR card, or not, does not really affect what your legal status is. There is little prospect that you would be confronted about not having obtained a new PR card while in Canada . . . you may be confronted by CIC or CBSA if you do something to initiate contact, such as travel abroad and seek entry into Canada, or you file an application to sponsor someone, or you file an application for a new card . . . but unless there is already an investigation underway (due, say, to a referral for investigation initiated by a POE officer during your last entry into Canada), there is not likely to be any contact with CIC or CBSA unless you are the one who initiates it. If there is contact with CBSA or CIC, the question will not be why haven't you renewed your PR card, but whether or not you are admissible, and if there are questions about your admissibility, in particular that will be about whether you have met the residency obligation. The primarily disability due to not being in possession of a current card is difficulty traveling to Canada from abroad. That is twofold: ability to board commercial transportation destined for Canada, which unless you are carrying a passport from a visa-exmempt country or have a currently valid PR card you will not be allowed to do, so you would need to apply for a PR Travel Document, which will almost certainly involve a residency examination with predictable, unfavourable consequences. And then, secondarily, if otherwise you are able to reach a POE, there is the nature of questions likely to be asked at the POE upon actually entering Canada (but which could also be asked of any returning PR, with or without a valid PR card). Secondary problems are related to obtaining government services like provincial health care or a drivers license, or a SIN card. But you should already have a SIN. I do not know what to offer if you need to prove your immigration status, as a PR, in order to meet the eligibility requirements to obtain government benefits or services. Again, though, you would not be confronted so much as you would be making an application for something for which you must prove your status. So, here too the question would not be why haven't you renewed your PR card, but simply what is your status and what proof of your status do you have. And sure, if you do not have proof of status to present to other government entities, yes that can be a bit of a problem. Of course, the other way to end up in difficulty regarding status is to be arrested for an indictable offence. I am not sure how immigration status might come up in such circumstances, but of course it can be an issue for any PR charged with even a moderately serious offence. Not a good idea to get yourself tangled in any situation which could go in that direction. ------------- 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 |
Posted By: pmm
Date Posted: 08 Nov 2013 at 6:52pm
Hi
Just an aside, about your statement, "Of course, the other way to end up in difficulty regarding status is to be arrested for an indictable offence. I am not sure how immigration status might come up in such circumstances, but of course it can be an issue for any PR charged with even a moderately serious offence. Not a good idea to get yourself tangled in any situation which could go in that direction." Most police departments will inform CIC/CBSA if they arrest a person who was not born in Canada, so that their Immigration status can be determined. ------------- PMM |
Posted By: Yourname
Date Posted: 11 Nov 2013 at 3:43pm
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Thanks again! Alright so I guess I'm clear on who will confront me about proof of status. Other than no CBSA/Police stuff, I'm clear. This raises one question though, for the next two years, I'm a permanent resident who doesn't have a card to prove it. Does that make me an illegal alien? Finally, I got my OHIP and Driver's license done on the Oct 30 (PR card expiration was Oct 31). Only issue is I think I lost my SIN card, but I have the number (the old number, that I got when I had a student visa.. and the new number, that I received when I received my PR card). Does that matter? I'll be filing a renewal on Nov 15, 2015. :)
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Posted By: dpenabill
Date Posted: 12 Nov 2013 at 12:11am
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SIN number obtained as a PR is the appropriate number to use; that is, you may legally work using the SIN number you received after landing, and this is the number you need to use when filing tax returns. File tax returns. You will need to submit Notices of Assessment with your application for a new PR card. Even if you have no income or otherwise do not owe any tax, file the return. While I am not all that familiar with the issuance of SIN numbers, my understanding is that the one you had as a student was coded differently, clearly a temporary SIN, and that one is no longer valid. The one you received after obtaining PR should be a permanent SIN number, the one you will use for life (in Canada). (Keep record of early number however, for your own records.) While there is nothing illegal about working, giving your proper SIN, I do not know what the requirements are regarding employers actually examining a new employee's SIN card. I suspect that the extent to which the requirements are complied with varies. Banks may sometimes ask to see the SIN card. There is probably a procedure for obtaining a replacement copy of the SIN card but I am not familiar with that. ------------- 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 |
Posted By: Yourname
Date Posted: 12 Nov 2013 at 4:58pm
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Grrr, looks like I http://www.servicecanada.gc.ca/eng/sin/apply/proof.shtml - lost out on replacing the SIN card :( I hope I don't need the physical card for the next couple of years. Filing a tax return - haven't done that either. So, that means since 2009 when I haven't been around .. can I file multiple tax returns reporting no income? Will they ask how come I've lived without any income in the past 5 years? Let's assume I got these NoAs. I should keep them handy, regardless of the fact that I will get 2 NoAs from here on, and 5 backdates ones and use them for renewal of my PR card? Thanks and sorry for the 3 additional questions.. I can't seem to stop! lol
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Posted By: dpenabill
Date Posted: 12 Nov 2013 at 5:25pm
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I am very hesitant to offer any suggestions about how to file tax returns beyond the obvious: best to file a tax return for every year you are in fact a resident in Canada. If you file a return for 2013 and 2014, you will have the NoA for both years when you apply for a PR card in the fall of 2015. That should suffice. Note, though, the law can change in the meantime, the regulations and rules can change, the form for applying can change (it has changed considerably multiple times in the last two years), and so on. ------------- 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 |
Posted By: Yourname
Date Posted: 12 Nov 2013 at 5:27pm
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As long as the law for the 5 year thing doesn't change so I can peacefully re-apply for my PR, it will be just fine. Thanks a gazillion tonnes dpenabill and everyone else on this thread who has put in the time and effort to answer me! I'll be moving to a new thread shortly with regards to an unrelated subject. Thanks again!
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Posted By: oluchia22
Date Posted: 17 Mar 2014 at 6:07pm
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Hello dpenabill and other members of this forum I will not be able to comply with the minimum residency obligations either, my PR card expires in march 2015 and I plan to enter canada in may 2014, (my baby is a canadian citizen, was born there last year, and I will travel back with her). Is it probable that they stop us at the POE and do no let us enter canada, are they allow to do so no matter what the reasons of my absence were? Thanks in advance
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Posted By: dpenabill
Date Posted: 18 Mar 2014 at 1:41am
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As a PR, you are entitled to enter Canada. But if the POE officials identify you as a PR potentially in breach of your PR residency obligation, they are likely to inquire about how much you have been in Canada, and if they ascertain you are in breach of the PR residency obligation, they will deem you inadmissible, issue a 44(1) report which may be (usually is I understand) promptly followed by the issuance of a Removal Order. That Removal Order is not immediately enforceable, and you will be allowed to enter Canada. You have 30 days (I believe, not certain how long it is) to file an appeal. You can raise H&C grounds with the officials at the POE. They will consider why you were outside Canada, what efforts you made to return to Canada as soon as possible, and so on. Based on H&C grounds they may decide to not issue a 44(1) report, and just allow you to enter without proceedings to deem you inadmissible. My impression is that they have fairly broad discretion in this, but generally you have two shots to persuade the POE officials you deserve to return to Canada and continue to be a PR, first shot is with the officer who decides whether or not to issue the 44(1) report, and the second shot is with the officer who reviews that report and decides whether to issue the Removal Order. And if you fail, and they issue the Removal Order, you get another shot on appeal (you can remain in Canada while the appeal is pending; these tend to take quite awhile). Some PRs whose cards are still valid and who are returning to Canada in a calendar year prior to the expiration date of their PR card, sometimes are not examined regarding residency. That makes things easy. But, note, it is not the date that your current PR card expires that matters. That is essentially irrelevant. If this is your first PR card, the question is whether or not you have been outside Canada for 1095 days or more since you landed. If so, you are in breach of the PR residency obligation. If you have been a PR already for more than five years, then what matters is whether you have been outside Canada for more than 1095 days in the previous five years (as of the date you are entering Canada). Obviously, circumstances vary, and for some it is much more obvious that they have been outside Canada than it is for others. In any event, if you think you have H&C grounds, be sure to be carrying relevant evidence of that in your hands (not in checked baggage) when you arrive at the Canadian POE (thus, among carry-on items if you are flying). Reminder: I am no expert. I am not qualified to give personal advice. And, moreover, I am trying to wind down my presence and activity here in these forums. Time for me to be moving along. (I became a Canadian citizen nearly two weeks ago and I have been here for a long while now, time to find another project.) ------------- 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 |
Posted By: oluchia22
Date Posted: 18 Mar 2014 at 8:42pm
| Thank you very much for your time and good advice, very much appreciated |
Posted By: Vik789
Date Posted: 26 Jun 2014 at 4:26pm
Hello, My case is exactly similar to the one mentioned above by one of the members and would really appreciate the opinion of the forum ..Since my PR card renewal application was denied by the CIC for not meeting PR obligation of 730 days of stay in Canada , I appealed against this decision with IAD in Sep 2013 on Humanitarian and Compassionate grounds and since then my application has been pending .Assuming that my appeal hearing date will be announced soon by the IAD , I applied for the travel documents from Europe in Dec last year where I was few months back , And since I was in Canada once in last 365 days , I was issued a single entry Travel Document to come back to Canada by the CIC .I came back in April 2014 and have been living in Canada since then , waiting for the appeal date .On inquiring with the IAD ,I came to know that the appeal hearing date may still take 8-9 months .. Few weeks back I gave few job interviews and one of the prospective employers now wants me to travel to U.S. for an Interview and if selected wants me to start the job in Toronto ..As I have only a single entry visa (Travel Document) to enter Canada , I applied for a 1 year PR card on urgent basis to be able to go to U.S. attend the interview and come back .CIC has not opened my file as yet and when Inquired with them through the call center , I was told that ''A second PR card can not be applied for ,if one PR card renewal application is already pending '' whereas their Enforcement manual 27 says "During this time, the applicant is still entitled to a one-year card, where there is no final disposition on the case whether it is at the report stage,if the PR card applicant is the subject of a negative determination under A46(1)(b), where there is no final disposition, the client is also entitled to a one-year card."
Do you think I have any possibility of getting a one year PR card ,if not then what are the other options I have to come back to Canada after attending this interview ..Any urgent reply would be really appreciated.
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Posted By: dpenabill
Date Posted: 26 Jun 2014 at 6:16pm
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You really need to talk to a lawyer. There are way too many variables, subject to some which it would be imprudent to share in a forum like this, for anyone here to offer any practical suggestions beyond the obvious one: see a lawyer; get a lawyer's advice. If you already have a lawyer prosecuting the appeal, talk to him or her. ------------- 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 |