Applied for PR renewal Immigration canada wants to see me in person while i am abroad what to do?

[moazbhutta]

Good afternoon,

Wanted little guidance as I am staying with my canadian citizen wife and canadian kids.

Here below is the short question summarized



Applied for PR card renewal while I was out side Canada based currently in Dubai United Arab Emirates.



Immigration just sent a letter and wants me to come in person within 180 days



Advise required



Shall i travel now and go see them even though i know i am not staying more than a week and return?
(for this i need to apply for PRTD from the consulate as PR card is expired



Or am i safe with my status and then apply for PRTD when i actually want to move which is 24 months from now or about 2 years as I am married to a canadian citizen living abroad.



As my concern is lets say i go now and visit canada and we see the immigration officer will they object that you are saying you are still not planning to stay yet for another 2 years?

Or will this not apply in my case as i am married to canadian citizen and that is good enough and they just want to see if we still together or not?



I don’t want to have any risk involved with my future, my only concern is will they not say you had 5 years of valid PR card why you didn’t move?



We both have supporting documents to show that we have current financial liabilities that we need to pay off before we actually move and that will only happen in 24 months as we are repaying our personal loans here in dubai which amount to approximately 92,000 CAD at the moment.

As we like always tell 100% truth and have actual bank letters to support our case as to what amounts we each own currently.



As far as law I have read so long as we are married and even if PR is expired I am still considered a PR and only issue is to travel I need PRTD and then apply for the renewal of the card once I land.

As my immigration was done on the fact I am married to a canadian citizen and we have two little lovely boys who are by birth canadian citizens and we had our children together after the wedding was done 8 years ago (2010).



What shall I do, shall I apply for the PRTD from Canadian consulate here in Dubai right away and travel ASAP within the 180 days, or I don’t need to freak-out as the law covers me and will cover me still in future as my immigration was done on marriage case and so long as that marriage is valid I am ok.



Sorry if I have repeated my self 2-3 times but just trying to put my words together.



It will be very kind of your firm to provide guidance as per the current laws and regulation.



Thank you and warm regards

 

[canuck_in_uk]

Good afternoon,

Wanted little guidance as I am staying with my canadian citizen wife and canadian kids.

Here below is the short question summarized



Applied for PR card renewal while I was out side Canada based currently in Dubai United Arab Emirates.



Immigration just sent a letter and wants me to come in person within 180 days



Advise required



Shall i travel now and go see them even though i know i am not staying more than a week and return?
(for this i need to apply for PRTD from the consulate as PR card is expired



Or am i safe with my status and then apply for PRTD when i actually want to move which is 24 months from now or about 2 years as I am married to a canadian citizen living abroad.



As my concern is lets say i go now and visit canada and we see the immigration officer will they object that you are saying you are still not planning to stay yet for another 2 years?

Or will this not apply in my case as i am married to canadian citizen and that is good enough and they just want to see if we still together or not?



I don’t want to have any risk involved with my future, my only concern is will they not say you had 5 years of valid PR card why you didn’t move?



We both have supporting documents to show that we have current financial liabilities that we need to pay off before we actually move and that will only happen in 24 months as we are repaying our personal loans here in dubai which amount to approximately 92,000 CAD at the moment.

As we like always tell 100% truth and have actual bank letters to support our case as to what amounts we each own currently.



As far as law I have read so long as we are married and even if PR is expired I am still considered a PR and only issue is to travel I need PRTD and then apply for the renewal of the card once I land.

As my immigration was done on the fact I am married to a canadian citizen and we have two little lovely boys who are by birth canadian citizens and we had our children together after the wedding was done 8 years ago (2010).



What shall I do, shall I apply for the PRTD from Canadian consulate here in Dubai right away and travel ASAP within the 180 days, or I don’t need to freak-out as the law covers me and will cover me still in future as my immigration was done on marriage case and so long as that marriage is valid I am ok.



Sorry if I have repeated my self 2-3 times but just trying to put my words together.



It will be very kind of your firm to provide guidance as per the current laws and regulation.



Thank you and warm regards

Either you apply for a PRTD and go pick up your card or you don't and re-apply for a PR card when you actually come to live in Canada.

 

[canuck78]

The only potential issue is the who is following whom. Technically the move needs to be initiated for the benefit of the Canadian citizen like for your wife's job. If that is the case you are 100% safe. There are cases where it was evident that the move was made due to the non-Canadian citizen and the non-Canada citizen had never established him or herself in Canada so the time out of Canada was not counted. The Canadian was able to sponsor spouse again. The rule isn't implemented very often but we don't know your circumstances.

 

[moazbhutta]

The only potential issue is the who is following whom. Technically the move needs to be initiated for the benefit of the Canadian citizen like for your wife's job. If that is the case you are 100% safe. There are cases where it was evident that the move was made due to the non-Canadian citizen and the non-Canada citizen had never established him or herself in Canada so the time out of Canada was not counted. The Canadian was able to sponsor spouse again. The rule isn't implemented very often but we don't know your circumstances.

...

When we move in say 2 years time entire family and little kids all will move . but issue is at moment we need about 2 years to pay of out financial obligations... concern is lets say i get prtd at moment and go see the immigration officer as per the letter , will they object that even now i am still not coming back , even though i show them proof for the very reason of not being able to as of yet ... or will it not matter as my wife and kids who r citizens are with me ... and she is the sponsor...or shall i simply just wait for 2 years and then apply prtd ?

 

[canuck_in_uk]

...

When we move in say 2 years time entire family and little kids all will move . but issue is at moment we need about 2 years to pay of out financial obligations... concern is lets say i get prtd at moment and go see the immigration officer as per the letter , will they object that even now i am still not coming back , even though i show them proof for the very reason of not being able to as of yet ... or will it not matter as my wife and kids who r citizens are with me ... and she is the sponsor...or shall i simply just wait for 2 years and then apply prtd ?

Waste of money to fly to Canada just to pick up the card. Apply for a PRTD in 2 years.

 

[moazbhutta]

Waste of money to fly to Canada just to pick up the card. Apply for a PRTD in 2 years.

So status is safe as PR ? even though it will have been 3 years by then that its passed expiry date(as per the card) , and since letter says in 180 days i have to come ...and have to come to immigration office, i don't show up ... what happens then ? they just destroy the card?

As at the moment as per letter its saying i have to come see them .kindly see the link to the letter i received might make it more clear.

https://1drv.ms/u/s!As7SL6qmxE0glYQrOyk0W_7Puzirlg (please see the letter on the link i have uploaded here)

It says as per law all PR resident are subject to "residency assessment at the time of distribution of the new PR Card"

And in one of the bullet points it says proof of residence 5 year prior to date of renewal application

And in case married to canadian citizen . carry our marriage certificate and her passport copy,

last line it says in case it remains un claimed for 180 days the card is destroyed and in case its done in this manner , i will have to again re apply for the card and pay fee...


My question is even if card is destroyed it has no effect on my status as PR? as i am married to canadian citizen.. is this right to assume as per law?

Also where they asking me proof of residency, for me to show them i am accompanying the citizen i am married to, and as per law, it is considered as if i am living in canada, even though i am out side. And that as per law is considered it as being 2 years time spent in canada out of the 5 years being the PR holder. (is this kindly true and safe to assume).

Last not least what shall i tell them if they ask why not coming to canada yet, can i carry bank liability letters from Dubai for my self and my wife that we both have to clear our loans hence want to finish them before moving to Canada, is this argument fair enough as that is the actual truth as well.

Just please confirm these three points for me

thank you so much

moaz

 

[canuck_in_uk]

So status is safe as PR ? even though it will have been 3 years by then that its passed expiry date(as per the card) , and since letter says in 180 days i have to come ...and have to come to immigration office, i don't show up ... what happens then ? they just destroy the card?

As at the moment as per letter its saying i have to come see them .kindly see the link to the letter i received might make it more clear.

https://1drv.ms/u/s!As7SL6qmxE0glYQrOyk0W_7Puzirlg (please see the letter on the link i have uploaded here)

It says as per law all PR resident are subject to "residency assessment at the time of distribution of the new PR Card"

And in one of the bullet points it says proof of residence 5 year prior to date of renewal application

And in case married to canadian citizen . carry our marriage certificate and her passport copy,

last line it says in case it remains un claimed for 180 days the card is destroyed and in case its done in this manner , i will have to again re apply for the card and pay fee...


My question is even if card is destroyed it has no effect on my status as PR? as i am married to canadian citizen.. is this right to assume as per law?

Also where they asking me proof of residency, for me to show them i am accompanying the citizen i am married to, and as per law, it is considered as if i am living in canada, even though i am out side. And that as per law is considered it as being 2 years time spent in canada out of the 5 years being the PR holder. (is this kindly true and safe to assume).

Last not least what shall i tell them if they ask why not coming to canada yet, can i carry bank liability letters from Dubai for my self and my wife that we both have to clear our loans hence want to finish them before moving to Canada, is this argument fair enough as that is the actual truth as well.

Just please confirm these three points for me

thank you so much

moaz

They destroy the card. Nothing happens to your status. You reapply later.

 

[canuck78]

PR card is a travel document. If you don't intend to move to Canada yet there is no point in picking up your card. Did you ever spend any time in Canada?

 

[dpenabill]

Wanted little guidance as I am staying with my canadian citizen wife and canadian kids.

Here below is the short question summarized

Applied for PR card renewal while I was out side Canada based currently in Dubai United Arab Emirates.

Immigration just sent a letter and wants me to come in person within 180 days

There is no easy way to explain some significant risks in this scenario.

This is one of those situations in which it can be said it is likely you will be fine if you in effect abandon this PR card application (and thus later apply for a PR Travel Document or later apply again for a new PR card). BUT anyone who reads much of what I post knows how much I disdain likely-to-be-fine assurances because that really is at best rather weak assurance and in many instances little or no assurance at all.

The specific facts matter. The specific facts matter a lot, lot more than the probabilities.

Based on the letter and other aspects as reported, it APPEARS a decision has already been made on your application, a favourable decision to issue a new PR card, and that indeed a new PR card has been issued. If this is the actual situation, that reduces the risk of a problem by a lot. And it probably is the situation. As others have noted, if you do not personally show up within six months of the letter, the PR card will be destroyed.

It is NOT as if the failure to show up will result in denying the application for a new card or an otherwise negative decision which would need to be appealed. (This is dependent on a decision already made resulting in the issuance of a new card, which again appears to be the situation.)

Nonetheless I would apprehend there will be an entry into your records showing that you did NOT appear as scheduled or during the six months following the letter, which is likely to increase the risk of more thorough screening the next time you apply for a new card, or a PR Travel Document, or for entry into Canada at a PoE.

Whether or not increased scrutiny of your situation and status could pose a problem for you depends on your specific situation. Whether, for example, there is any who-accompanied-whom concerns in getting credit for time you are living together with a Canadian citizen spouse, that depends on the particular facts and circumstances in your individual situation. (If you apprehend concerns about who-accompanied-whom, there are other topics here which address that issue in-depth.)




Small Sidebar Quibble: Technically the PR card is NOT a Travel Document. The PR card is a "STATUS DOCUMENT." Sure, many refer to it as a travel document, in a common usage sense, because it is necessary to present a valid PR card in order to travel to Canada using commercial transportation. And that is its primary intended purpose. But, nonetheless, it is a status document and indeed it is also often used to show status, such as when opening a bank account in Canada or applying for a health care card. In any event, Section 31 in IRPA explicitly distinguishes between the status document versus a travel document; see https://laws-lois.justice.gc.ca/eng/acts/I-2.5/page-8.html#h-21 This distinction has little substantive significance EXCEPT to note that generally a PR cannot travel internationally without an actual Travel Document, such as a home country passport, a refugee travel document, or such.