Electronic PRTD for lost PR card

[tricky5311]

Hello everyone,
I have searched the entire forum to get an answer to my situation but no luck. I am a senior who lost his PR card while visiting India. My card was valid till 2023. I have applied for PRTD electronically via the email address on July 4th but no response so far. Is anyone else in the similar situation? Do you have to provide your residency obligation even though my PR card is still valid? Many thanks in advance for your help.

 

[YVR123]

Hello everyone,
I have searched the entire forum to get an answer to my situation but no luck. I am a senior who lost his PR card while visiting India. My card was valid till 2023. I have applied for PRTD electronically via the email address on July 4th but no response so far. Is anyone else in the similar situation? Do you have to provide your residency obligation even though my PR card is still valid? Many thanks in advance for your help.

Yes. You need to meet your RO to get PRTD (or if you can show any H&C reason that stopped you from fullfilling your RO).

 

[canuck78]

Hello everyone,
I have searched the entire forum to get an answer to my situation but no luck. I am a senior who lost his PR card while visiting India. My card was valid till 2023. I have applied for PRTD electronically via the email address on July 4th but no response so far. Is anyone else in the similar situation? Do you have to provide your residency obligation even though my PR card is still valid? Many thanks in advance for your help.

Whether he meets his RO is a big factor in how long a PRTD may take.

 

[tricky5311]

Canuck78 and YVR thanks a million for your insights. What would be the period to establish RO? Because the PRcard was renewed in 2018 and expires in 2013. So, he still has two years to meet his RO because as of now he only was in Canada for six months since 2018.

 

[YVR123]

Canuck78 and YVR thanks a million for your insights. What would be the period to establish RO? Because the PRcard was renewed in 2018 and expires in 2013. So, he still has two years to meet his RO because as of now he only was in Canada for six months since 2018.

I don't understand your question. Unless he just landed as a PR recently, RO is evaluated in rolling 5 years.
So at any point, he needs to look back 5 years and see if he meets the RO. Getting a PR card renewed back in 2018 does not "reset" his RO.

If he has only been in Canada for 6 months since 2018, he is far from meeting his RO.

 

[tricky5311]

I don't understand your question. Unless he just landed as a PR recently, RO is evaluated in rolling 5 years.
So at any point, he needs to look back 5 years and see if he meets the RO. Getting a PR card renewed back in 2018 does not "reset" his RO.

If he has only been in Canada for 6 months since 2018, he is far from meeting his RO.

You answered my question. He became PR in 2013 and renewed his PR card in 2018. So, we thought he has till 2023 to meet his obligation. Were not aware of the rolling RO rule. Makes no sense though because it only becomes an issue when filing for PRTD. If he has not lost his PR card, he would have still met with RO by 2023 and no questions would have been asked. Two years in 5 years rule means it should reset after every 5 years.

 

[YVR123]

You answered my question. He became PR in 2013 and renewed his PR card in 2018. So, we thought he has till 2023 to meet his obligation. Were not aware of the rolling RO rule. Makes no sense though because it only becomes an issue when filing for PRTD. If he has not lost his PR card, he would have still met with RO by 2023 and no questions would have been asked. Two years in 5 years rule means it should reset after every 5 years.

If he hasn't lost his PR card, CBSA when he is entering Canada can report him not meeting his RO while entering. It's still rolling 5 years.

 

[tricky5311]

If he hasn't lost his PR card, CBSA when he is entering Canada can report him not meeting his RO while entering. It's still rolling 5 years.

It's not entirely true As per IRCC website, a whole process has to take place to determine RO and deny someone their PR. It can't just be done at the border by a CBSA official. Because he was with his wife for a year who is a citizen and was in India with him and that counts towards residency. I don't believe all these factors can be determined at the airport...

 

[YVR123]

It's not entirely true As per IRCC website, a whole process has to take place to determine RO and deny someone their PR. It can't just be done at the border by a CBSA official. Because he was with his wife for a year who is a citizen and was in India with him and that counts towards residency. I don't believe all these factors can be determined at the airport...

I didn't say CBSA will take away his PR. I said they can report him and (or not report him). If he's reported, there is a long process and he can appeal it.

You need to read up about RO. They are now more picky about who is accomodating who to qualify those days for RO.

So if he can prove that he is accomodating his wife whose is working outside of Canada, he can enter that in the PRTD application as well.

You don't have to proof it to me. Just read up at the offical site or read up discussion here.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/card/permanent-resident-determination.html

 

[scylla]

It's not entirely true As per IRCC website, a whole process has to take place to determine RO and deny someone their PR. It can't just be done at the border by a CBSA official. Because he was with his wife for a year who is a citizen and was in India with him and that counts towards residency. I don't believe all these factors can be determined at the airport...

If he doesn't meet RO, I would withdraw the PRTD application since a refusal will put in motion the process to revoke his PR status and then you'll need to appeal which is a very long process with uncertain outcomes. The alternative if this happens would be to have your mother sponsor him for PR again.

If you withdraw then you could try resubmitting and providing evidence your mother lived with him for a year. However if IRCC applies the who accompanied whom rule then you may be out of luck including this time for RO.

Another option if you withdraw would be to reapply with H&C consideration. This would need to be for a reason other than working outside of Canada.

Good luck.

 

[tricky5311]

If he doesn't meet RO, I would withdraw the PRTD application since a refusal will put in motion the process to revoke his PR status and then you'll need to appeal which is a very long process with uncertain outcomes. The alternative if this happens would be to have your mother sponsor him for PR again.

If you withdraw then you could try resubmitting and providing evidence your mother lived with him for a year. However if IRCC applies the who accompanied whom rule then you may be out of luck including this time for RO.

Another option if you withdraw would be to reapply with H&C consideration. This would need to be for a reason other than working outside of Canada.

Good luck.

Thank you sooo much scylla and YVR123 for all your insights. These are the kind of responses I was looking for. The links for documents are so helpful as it clearly outlines operational guidelines. Sadly, I don't see any way he can meet his residency if it is immediately proceeding past 5 years. This is so disheartening. I wish he could somehow find his darn PR card. Otherwise I will just have to withdraw the application and apply on compassionate grounds which is such a long process and who knows if he will get it even then. As per the manual if he crosses via land border from the US, then he doesn't need PRTD but I am still reading on it. I haven't seen him for two years and this is just devastating. What a miserable policy IRCC has.

 

[scylla]

Thank you sooo much scylla and YVR123 for all your insights. These are the kind of responses I was looking for. The links for documents are so helpful as it clearly outlines operational guidelines. Sadly, I don't see any way he can meet his residency if it is immediately proceeding past 5 years. This is so disheartening. I wish he could somehow find his darn PR card. Otherwise I will just have to withdraw the application and apply on compassionate grounds which is such a long process and who knows if he will get it even then. As per the manual if he crosses via land border from the US, then he doesn't need PRTD but I am still reading on it. I haven't seen him for two years and this is just devastating. What a miserable policy IRCC has.

Yes, another option would be to fly to the US and then re-enter Canada thought a land border using a private vehicle. There's of course still a possibility he may be reported by CBSA for failing to meet the residency requirements. This path also requires him to have a valid US visa and be entitled to travel to the US factoring in any travel restrictions. If he goes with this option then he would need to successfully withdraw the PRTD.

 

[tricky5311]

He does have a valid US visa. What will he need to show at border crossing to enter Canada: COPR or photocopy of the lost PR card? What happens once CBSA reports him? Is there a thread in this discussion forum on this topic that I can refer to? Many thanks once again

 

[scylla]

He does have a valid US visa. What will he need to show at border crossing to enter Canada: COPR or photocopy of the lost PR card? What happens once CBSA reports him? Is there a thread in this discussion forum on this topic that I can refer to? Many thanks once again

He can enter using his COPR.

You would need to research the travel restrictions applicable at this time. To the best of my knowledge, it's not possible to travel from India to the US at this time as a visitor (maybe those rules have recently changed).

If CBSA reports him he will need to appear at a hearing to argue why he should be allowed to keep his PR status despite failing to meet the residency requirement.

There are many threads in this section of the forum that cover the topic of entry from the US, not meeting residency requirements, and various other topic that may be relevant to you. It's really not possible to point just to one.