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Recent content by dpenabill

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    Living with Canadian Citizen abroad - Definition of accompanying

    This is mostly a partial repeat of observations I made in response to same query by posted by @TMELL in the forum for immigrating to Canada from the U.S. As noted there (and now here), I plan to offer further observations explaining why the risk for @TMELL is low, in the the topic...
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    counting days o/s Canada while accompanying Canadian spouse, towards residency obligation

    There are administrative law decisions (IAD decisions, Diouf and progeny in particular; no Fed Court decisions however) supporting your observation, and a real risk (though likely a small risk in the OP's situation) of officers and other decision makers applying that version of what constitutes...
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    Applying PR Card renewal for dependents not meeting RO

    Some further clarifying observations: The reference to "the officer who would follow-up" by the officer who prepared the 44(1) Report was, of course, a reference to the officer who would be acting in the role of a Minister's Delegate. That officer, the one acting as a MD, is the one who decides...
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    Applying PR Card renewal for dependents not meeting RO

    . Caution Re Your Situation: If there had been a favourable decision allowing H&C relief for the breach of RO you would have been issued a status card valid for five years. So the fact that you have been issued a status card valid for just one year means it is very likely that YOUR status...
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    Residency obligations for PR renewal

    First, some repetition to keep what's important forefront . . . Summary (for others, and what matters): For a PR who meets the RO based on days actually present in Canada, no need to wrestle with claims the instructions about what supporting documents need to be submitted are confusing: A...
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    Unemployed - Zero income NOA for residency proof

    I hope that bifurcating the discussion claiming the instructions for PR card applicants are confusing is not intended to make things more confusing. (See https://www.canadavisa.com/canada-immigration-discussion-board/threads/residency-obligations-for-pr-renewal.872973/page-2 for other comments...
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    Residency obligations for PR renewal

    .. .. No, that is not a plain reading of that instruction . . . and to be clear, even if the obvious typo is corrected (I assume you did not actually mean "should show that you should show . . . ") Overall: instructions should be read with a focus on understanding what they mean, not to...
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    Residency obligations for PR renewal

    There is little if any need for clarification. These particular instructions, in the Guide for a PR card application, in the appendix in particular, are not confusing, notwithstanding some confusing answers given in the forum. (Which is not to ignore other IRCC information and instructions that...
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    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...
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    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...
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    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...
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    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...
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    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...
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    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...
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    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...
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