PR Card Renewal stuck at "Decision made" for 2.5 years

[Collindubya]

Hi everyone,

I thought i would post to see if anyone can make any suggestions, My partner is a chinese passport holder and a PR, back in jan of 2021 she had started the process to renew her PR card,

she submitted all the paperwork, we booked a ferry and and hotel to go to vancouver as an in person interview was requested for the pick up, at this point the status was set to "Decision made". The day before the interview they had called to cancel it and was told that she would be contacted if any further information or interview was required. This was the last we have heard from them. Status has now been at decision made for 2.5 years, We have called IRCC multiple times and have been told that there is nothing wrong with the application we just need to be patient.

we have gone as far as to contact our MP's office to have them inquire and they have gotten more or less the same answers. 2.5 years seems excessive and unacceptable as this is almost half of the life of her renewed card. during this time we have started a family and have not been able to leave the country to allow the rest of my partners family to meet their newest member (our daughter).

We have been beyond patient and are feeling hopeless as to what we can do to resolve this.

Any suggestions or anyone else experience an extreme delay like this ?

 

[scylla]

Hi everyone,

I thought i would post to see if anyone can make any suggestions, My partner is a chinese passport holder and a PR, back in jan of 2021 she had started the process to renew her PR card,

she submitted all the paperwork, we booked a ferry and and hotel to go to vancouver as an in person interview was requested for the pick up, at this point the status was set to "Decision made". The day before the interview they had called to cancel it and was told that she would be contacted if any further information or interview was required. This was the last we have heard from them. Status has now been at decision made for 2.5 years, We have called IRCC multiple times and have been told that there is nothing wrong with the application we just need to be patient.

we have gone as far as to contact our MP's office to have them inquire and they have gotten more or less the same answers. 2.5 years seems excessive and unacceptable as this is almost half of the life of her renewed card. during this time we have started a family and have not been able to leave the country to allow the rest of my partners family to meet their newest member (our daughter).

We have been beyond patient and are feeling hopeless as to what we can do to resolve this.

Any suggestions or anyone else experience an extreme delay like this ?

Hire a lawyer and do a writ of mandamus.

Note that she is free to leave Canada and can return on a PRTD (PR Travel Document). She does not require a PR card to return. I would apply for a PRTD as well. I believe there's now a way to apply from inside of Canada before you leave but I'm not familiar with that process. I'm sure someone else will be able to comment on this bit.

 

[Collindubya]

Hire a lawyer and do a writ of mandamus.

Note that she is free to leave Canada and can return on a PRTD (PR Travel Document). She does not require a PR card to return. I would apply for a PRTD as well. I believe there's now a way to apply from inside of Canada before you leave but I'm not familiar with that process. I'm sure someone else will be able to comment on this bit.

There doesn't seem to be any mention of being able to apply for a PRTD within Canada that i can find, Does anyone have any information about this?? I looked into a Writ of Mandamus but it is stating that it can cost up to $1600.00 and can take up to 12 months. Neither of which seem acceptable considering how long we have been waiting

 

[Ponga]

There doesn't seem to be any mention of being able to apply for a PRTD within Canada that i can find, Does anyone have any information about this?? I looked into a Writ of Mandamus but it is stating that it can cost up to $1600.00 and can take up to 12 months. Neither of which seem acceptable considering how long we have been waiting

https://www.canadavisa.com/canada-immigration-discussion-board/threads/prtd-application-submitted-in-canada-success-story.794260/

 

[bricksonly]

Sorry to hear this. Have no idea why it comes to this.
But to apply for PRTD, I suggest a US visa instead by entering Canada through land entry. No uncertainty issue, and air tickets from US generally cheaper than from Canada

 

[bas12]

Folks on this forum are complaining that their application for PRTD is stuck at submitted for 3 months, so not sure if it is a good idea to rely on being able to get it.

For the US visa, I heard that these can take a very long time, like a year, and they might give you a one entry visa valid for a limited interval of dates, so that sounds like it is even worse.

 

[canuck78]

The length of time is not excusable but was there anything that could have lead to longer processing that would lead to atypical processing time? Had she met her RO? Had she been living in Canada for the past 2 out of 5 years? How close to the 730 days was she when you applied. She required in person pick-up which only typically happens when you are living abroad.

 

[Collindubya]

She had only been outside of canada a during the last 5 year period was rougly about 2.5-3 months total.

 

[Collindubya]

We have reached out to a lawyer, and our MP multiple times, and submitted a complain through the online feedback portal, it's almost 3 years at this point now and each time we reach out we are just told they don't have any additional information and to give them a month and call back, which is what they tell us on every call.

This is absolutely ridiculous and she feels like she is being held prisoner here as we have a 3 year old who hasn't met any of her family over seas and we cannot risk going to visit them if there's a chance that my partner could not come back, we realize we could apply for a usa visa and drive back to vancouver island from seattle but we really SHOULD NOT have to do this.

 

[armoured]

We have reached out to a lawyer, and our MP multiple times, and submitted a complain through the online feedback portal, it's almost 3 years at this point now and each time we reach out we are just told they don't have any additional information and to give them a month and call back, which is what they tell us on every call.

This is absolutely ridiculous and she feels like she is being held prisoner here as we have a 3 year old who hasn't met any of her family over seas and we cannot risk going to visit them if there's a chance that my partner could not come back, we realize we could apply for a usa visa and drive back to vancouver island from seattle but we really SHOULD NOT have to do this.

Have you linked the file to get updates online?

So a few thoughts (and only thoughts):
-if you have not, you should apply for GCMS notes immediately.
-has your spouse considered ... applying for citizenship? That might dislodge the other (or if done quickly, obviate entirely the issue of the PR card).
-up your complaints: to the Minister of Immigration's office, PM's office, your senator, be the squeaky wheel at the MP's office.
-Mandamus: speak to your lawyer. There are generally several steps to a mandamus, the first of which is writing one or two 'demand letters' - basically a threat to file a formal mandamus, with the court, and demanding completion of the procedure required (or response at least addressing the issue). Generally the most successful type of mandamus application is where the threat-letter is sufficient to dislodge the file, and/or get a response promising to finalize the file soonest. Obvioulsy the more steps involved, and particularly if it involves going to court, the more expensive. Perhaps your lawyer would agree to do the letters for a portion of the fee (with the understanding of both of you that you probably won't take it further)? [There is a separate thread here somewhere, in a different subforum I think, where user @dpenabill outlines mandamus in more detail.]
-You might also consider simply sending a webform to withdraw the previous application and sending a new one.

And of course, you do have the PRTD option, as well as coming through USA if your partner has a visa. I think your fear that your partner will not be allowed back is overblown, but I udnerstand your reluctance (and should at least travel when she has a bit more flexibility as to return dates.)

 

[canuck78]

She had only been outside of canada a during the last 5 year period was rougly about 2.5-3 months total.

How did she obtain PR and what is her history in Canada? My only thought is that she somehow is involved in a larger investigation involving immigration fraud. When it comes to Chinese applicants there does also seem to be increased vigilance when it comes to potential spying/IP theft. What industry does she work in? Had she come into Canada as a masters or PhD student? Others have already recommended ways to try and make IRCC make a decision.

 

[Collindubya]

This would be her 2nd renewal since she arrived in 2013, she orignally was married and was sponsered by her husband, they had broken up before we had met, since the divorce she had already renewed without issue, She works in the tourism/hospitality industry. I would find it pretty offensive if someone thought she was involved in immigration fraud. she absolutely met the RO, we have spent a total of 3 months outside of canada in the past 7 years.

 

[dpenabill]

We have reached out to a lawyer, and our MP multiple times, and submitted a complain through the online feedback portal, it's almost 3 years at this point now and each time we reach out we are just told they don't have any additional information and to give them a month and call back, which is what they tell us on every call.

This is absolutely ridiculous and she feels like she is being held prisoner here as we have a 3 year old who hasn't met any of her family over seas and we cannot risk going to visit them if there's a chance that my partner could not come back, we realize we could apply for a usa visa and drive back to vancouver island from seattle but we really SHOULD NOT have to do this.

Something's off. Cannot begin to guess what that is.

While in general I agree with much of what @armoured suggests, it is what and why, or at least potentially that, that is whether there is some particular *issue* regarding her PR status and if so what that is, which looms large. Again, I cannot guess what the *issue* is, but similar to what @canuck78 has queried, just now and back in June, it appears rather likely there is some substantive issue regarding the validity of her status lurking if not looming here.

While I cannot guess what the issue is, if the PR has actually consulted with a lawyer, who has reviewed her situation, it is hard to fathom it is that difficult to see what issues are probably involved. A copy of GCMS records would be a standard approach for most, for example, but if a lawyer has been involved it seems likely you are not getting something in what has been communicated so far, and trying to interpret the GCMS records is more difficult still.

I apprehend there is some kind of hold on things. Otherwise one approach would be to withdraw the application and make a new one. But it does seem like something is wrong, and trying a new application without fixing what's off, what's wrong, would just waste more time and not resolve things anyway.

The lawyer should be able to explain the situation far better. If so far the lawyer she has talked to, or you have talked to, is not really helping, time to see a different lawyer.

Note: @scylla and @armoured have referenced the possibility of pursuing mandamus relief, which would involve an application to the Federal Court for an order (a "Writ of Mandamus") ordering IRCC to finalize the PR card application. That in particular would be something to consider with a lawyer, and it is expensive. And while there are some PR card application-situations in which pursuing this recourse will be appropriate and necessary, that is uncommon if not rare. In any event, this would be something to talk to a lawyer about.

Again, if so far the lawyer she has talked to, or you have talked to, is not really helping, time to see a different lawyer.

That said, if you and her are confident there is no reason for IRCC or CBSA to have any concerns about the validity of her status (such as never having made any misrepresentations to CBSA or IRCC, no reason her sponsorship was invalid or her sponsor's status in Canada was invalid, among other things - which is something she may want legal advice about, based on the lawyer reviewing her immigration history in detail), but unwilling to risk relying on getting a PR TD if she travels outside Canada, withdrawing the current application and making a new one might be a way to trigger definitive action.

 

[Collindubya]

we may need to speak to a new lawyer, they did reccomend we submit a new application which we are looking into however we are hesitant to do so as that means we are starting over from scratch again which could delay things even further, In the mean time since she does hold a valid US visa we are going to plan our travel to china with a return flight to Seattle since we live in BC and then drive back over the border in our car as it's really our only option without her PR Card.

We have requested the GCMS notes yesterday but have not yet received them.

 

[canuck78]

we may need to speak to a new lawyer, they did reccomend we submit a new application which we are looking into however we are hesitant to do so as that means we are starting over from scratch again which could delay things even further, In the mean time since she does hold a valid US visa we are going to plan our travel to china with a return flight to Seattle since we live in BC and then drive back over the border in our car as it's really our only option without her PR Card.

We have requested the GCMS notes yesterday but have not yet received them.

Given that you will want to show much longer than average processing time for the writ to mandamus I would not suggest reapplying.