+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445
Client Portal

Recent content by dpenabill

  1. D

    Apply early before 5 month trip, or wait till after return?

    . I overlooked the full import of this. As @canuck78 observes: A new PR card does not restart the clock. So, even with a new PR card, if she has been outside Canada more than 1095 days within the previous five years, that will put her at risk of being subject to inadmissibility proceedings...
  2. D

    Urgent help needed

    At the Canadian/sending end, it is OK to have a PR card mailed/couriered. Whether that is OK at the receiving end depends on the importation rules for the country it is being sent to. Others may know India's laws and importation rules better than I do (any knowledge of India's rules is more...
  3. D

    Apply early before 5 month trip, or wait till after return?

    . I fully agree with waiting to apply for a new PR card when in compliance with the Residency Obligation. A PR who has been outside Canada fewer than 1095 days since becoming a PR, or fewer than 1095 within the previous five years, is in compliance with the RO. So it appears she is in...
  4. D

    PR renewal for Spouse who hasn't met residency obligations

    . For clarification: in the OP's situation there are multiple reasons why the credit that is given days a PR is accompanying their citizen spouse abroad is not likely to help the OP, including just the numbers. They were married just this year, so EVEN if this credit were allowed it would fall...
  5. D

    PR renewal for Spouse who hasn't met residency obligations

    Considering Option of Applying For PR Travel Document: As previously noted, generally few would consider this approach if a PR has the option of traveling to Canada without a valid PR card. In the particular situation, however, it may make sense, especially if there are H&C factors underlying...
  6. D

    PR renewal for Spouse who hasn't met residency obligations

    There are, basically, three "options" for her:" -- wait until she travels to Canada and sees how it goes at the Port-of-Entry (PoE) -- apply for a PR Travel Document, or -- renounce her PR status and then, as a Foreign National (FN), make a family class application for PR sponsored by you Only...
  7. D

    2023 Citizenship Applications

    Even assuming seeking mandamus will make a difference, there is not much point in pursing mandamus without the assistance of a lawyer. I was told by a lawyer clerking for a judge, for example, that the technicalities are so daunting that even among mandamus applications made by lawyers many...
  8. D

    Living with Canadian Citizen abroad - Definition of accompanying

    PRs who are in breach of the Residency Obligation before the expiration of their PR card can be and many have been subject to inadmissibility proceedings resulting in a decision terminating PR status. That includes PRs still within the first five years of landing, as the OP here is. Odds are...
  9. D

    Living with Canadian Citizen abroad - Definition of accompanying

    Overall, in cases that stray outside the standard boundaries and involve complicated issues, particularly those that involve a RO breach, no one here can reliably quantify the odds. There are, however, numerous factors known to influence the odds. Like in RO breach cases, the bigger the breach...
  10. D

    Question about Immigration status in other countries or territories.

    . Not sure why, but Q 13 has suddenly become a bit of a hot topic lately. In any event, applicants are not immigration experts and are not expected to be experts. The application is not a test of the applicant's expertise in immigration. If the applicant discloses they had status and gives...
  11. D

    New requirement to disclose travel history from birth ??

    In regards to ESTA . . . that is a type of travel authorization, like eTA for Canada. Which is somewhat akin to a visa (but to be clear, different from a visa in important respects), which likewise is a travel authorization. Q 13 asks for information about having immigration status, so the...
  12. D

    Question: Do you currently, or have you ever held immigration or citizenship status in a country or territory other than Canada (this includes your

    . I do not know what the OP did. If you know you had immigration status (including temporary status, contrary to some comments above) that should be disclosed, including the date obtained and the date it ended. I will elaborate in regards to how visitor visas fit into this below. So, in a...
  13. D

    PR Card Successfully Renewed for Sponsored Parents - H&C Grounds / Not meeting RO

    . Beyond the scope of well-worn processing patterns (such as those underlying the conventional wisdom for PRs in RO breach, and in Canada, to wait to apply for a new PR card only after they have stayed long enough to be in RO compliance), trying to figure out what went on under-the-hood in...
  14. D

    PR Card Successfully Renewed for Sponsored Parents - H&C Grounds / Not meeting RO

    Some Context; Further Observations . . . apart from the OP's situation . . . At the risk of repeating what I have posted before, the requirement to be IN Canada when making a PR card application warrants some further explanation or clarification apart from the OP's situation. And, perhaps...
  15. D

    PR Card renewal rejected

    Assuming you mean "MRZ" rather than "MZR," wait for communication from IRCC and follow their instructions. Otherwise, probably likewise but I am not familiar with what MZR means in regards to identification, PR cards, or PR card applications. Again assuming you mean "MRZ," as long as your ID is...
See more