asking to get my travel history to renew my PR

[laila]

Hello again I am back

this was my case, and the questions I had for you guys few months ago please read first then answer my new question kindly!!!!!!!my questions will be under!!!

"Hi, Leon

Please help me, I landed Dec 2008 with my ex-husband, he was a student in USA, so we landed to Canada, then stayed for a week, went back to USA, we visited Canada maybe 4 times each time for few days, then after divorce, I left from USA to my country, stayed there for a year, then came back to Canada, Now I have a full time job, but my PR will expire at January 2014, and i wanted to go visit my family for 40 days and come back to my work, my questions are:
1) I did not stay for 2 years in Canada during the last 5 years, I will be missing 5 months, so i was told that the immigration will not agree to renew my PR, is that true?
2)Also, I was told by a friend that, After the expiration date of my PR which is at January 2014, I can wait till June 2014 and then apply, that will give me the missing months, can I stay at the country when my PR is expired, would that be legal, also will I be allowed to work a full time job, and live normal?Huh
3)Also will the immigration count these months for me even if its after the expiration date of my PR card?Huh? or they count only the five years before the expiration date??
This guy told me that the PR is only for you to leave and come back to the canada, is that true???
Advise me please Leon......

_____________________________________________________________________________________________________


Ok now my new question is:

I sent my application along with all the supportive documents that i could possibly get to support my time in canada for the last 2 years.after 4 months the CIC came back to me asking for proof of residency in canada before the 2 years, and I already told them that I lost my old passport, but the new passport that I have is the one I had for the last 2 years and a half....so I had to consult an immegration lawyer, and she told me its a nonsense of them to ask for more docs, but maybe the need to investigate more, then she asked me to request my travel history for the last 5 years, since the old passport that had all the visas and stamps is lost, so I will have to ask for my travel history for the last 5 years from 3 different countries USA, Canada and Egypt.....Now do you think its hard to issue such documents, how long does it take and the most important why the CIC are asking for more information if I already proved to them the 2 years of the last 5 years at canada.and do you think if i did these documents its enough for them to renew my PR card


looking forward to hearing your advice

 

[dpenabill]

[Historical context . . .]

__________________________________


Ok now my new question is:

I sent my application along with all the supportive documents that i could possibly get to support my time in canada for the last 2 years.after 4 months the CIC came back to me asking for proof of residency in canada before the 2 years, and I already told them that I lost my old passport, but the new passport that I have is the one I had for the last 2 years and a half....so I had to consult an immegration lawyer, and she told me its a nonsense of them to ask for more docs, but maybe the need to investigate more, then she asked me to request my travel history for the last 5 years, since the old passport that had all the visas and stamps is lost, so I will have to ask for my travel history for the last 5 years from 3 different countries USA, Canada and Egypt.....Now do you think its hard to issue such documents, how long does it take and the most important why the CIC are asking for more information if I already proved to them the 2 years of the last 5 years at canada.and do you think if i did these documents its enough for them to renew my PR card

I cannot say how long it will take to obtain exit/entry documentation from either Egypt or the U.S. For the U.S., however, many recent reports indicate that if the application is properly done the U.S. report can be obtained in one to three months (two years ago when I did it, it took over a year). Canada will provide the CBSA travel history in approximately a month.

Note: If you have a lawyer you should rely on your lawyer far more than anyone at a site such as this. Not just because a lawyer is likely to be better informed (sometimes they aren't, but generally they are) but because a lawyer can look at the relevant facts and circumstances in far greater depth, a lawyer should have more insight into how the various factors and circumstances will effect the process, and a lawyer will be more familiar with what CIC does in-practice (beyond the scope of technical rules and regulations).



Regarding your history, from it I gather that you were short of complying with the PR Residency Obligation as of a year ago (early 2014) so you waited to apply for the new card last summer or so (after June 2014), waiting long enough so that you did come into compliance with the RO by the time you applied. (Generally considered the best approach in such a situation.)

And that you were thus predominantly in Canada the two years preceding the date you applied, but mostly outside Canada prior to those two years (two years in U.S. and one year in Egypt or your home country).


Thus, the issue is . . . ? ? ?

Thus, there is some question as to why there is a problem. As your lawyer said, "its a nonsense of them to ask for more docs, but maybe the need to investigate more." This echos what others apparently indicated to you last year, that being in Canada for two years would settle the PR Residency Obligation concern and where you were before that should be of little or no import. (In particular, showing you were in Canada for two plus years recently shows compliance with the PR Residency Obligation, so there should be no issue regarding compliance with the PR RO.)

And you indicate you were in Canada no more than a total of a few days on a few occasions prior to returning to live in Canada, so what documents could prove you were in Canada during that time since you have already reported to CIC that, for the most part during that time, you were NOT in Canada.

It appears that you were likely not in compliance with the PR RO at the time you returned to live in Canada. But Residency Obligation inquiries are not concerned with any potential past breaches. So that in itself should not be an issue.

You should, by now, be getting the sense that this post is a bit of thinking-on-the-keyboard, doing something many lawyers often do, which is engaging in an issue-identification analysis. It is a lot easier to deal with a problem once you figure out what the problem is.

But with CIC that can be difficult. An enigma. And oft times PRs or applicants for citizenship never learn what was causing CIC to probe further, dig deeply, pursue inquiries and investigations, and take a lot longer.

A person could go crazy, stark raving mad, trying to figure what the problem is at CIC. Thus, many times (if not most the time) the PR just provides what CIC asks for (as best he or she can) and waits for the next step, and eventually a proper decision is made.

If the issue is compliance with the PR Residency Obligation, in the meantime you are accumulating more days in Canada. In the meantime, if you have been in Canada for more than two years in the last five there is no threat to your PR status grounded in the PR RO.

Which leads back to the initial and overriding riddle, since you documented two years in Canada just what is CIC's concern?

There are many possibilities. Most are not likely unless there is a significant factor you are not sharing. This is part of why it is so important to rely on the lawyer since the lawyer can examine and consider far, far more of your overall circumstances and history searching for what is of concern. (There are, for example, a range of potential concerns related to inadmissibility for making misrepresentations, which again are probably not at all related to your situation, but which are on the radar generally depending on the particulars of the individual's circumstances and history.)

But it appears your lawyer's general approach is the usual one, usually the appropriate one: respond to CIC's requests as best you can and wait to see what happens.

Frustrating? Oh yes, it can be indeed.



The absent passport:

The one aspect of your situation which raises the biggest red flag is the absent passport. Since you have a passport which covers the years during which you report being in Canada, you would think that would suffice.

In general, however, missing passports do raise a lot of red flags for CIC. And while I cannot guess what the real issue is in processing your application (as explored above, given your last two years in Canada), it is probably a safe bet that whatever the issue, it was in large part triggered by the absence of a passport for a part of the relevant time period. In conjunction with a history of living in the U.S. (there is a lot of history of Canadian PRs spending a lot more time in the U.S. or using the U.S. to transit to other countries, than the PRs disclosed), CIC may be perceiving the possibility you have additional Travel Documents you are not divulging to CIC. They tend to get very suspicious if they suspect a PR has other, undisclosed Travel Documents.

Mostly you just need to submit what you can and wait. And follow your lawyer's advice.

Be sure to timely respond to the request, with anything, even if just a response saying you do not have more documents and are making efforts to obtain documents from other sources (and name them: say you have applied to U.S. for example, and to Egypt, and so on).

 

[kriv]

IF you need your US travel history(it is available online) i think you can get it online instantly by simply entering the passport number and personal details at the following website of US custom and border protection.

https://i94.cbp.dhs.gov/I94/request.html

 

[laila]

thank you for your answers, but you guys made me worry!!!! Why would losing my passport be a red flags to the CIC!!! is it my fault!?
also I have been working in canada, paying tax for the last 2 years and some days....why does it seem to be like a big is issue....taking in mind the very high fees for lawyers, and I am a single person with law income.

I think I stared to worry also about the time it is going to take, I was hoping to visit my family back home this summer, but it does not seem to be happening soon

 

[dpenabill]

thank you for your answers, but you guys made me worry!!!! Why would losing my passport be a red flags to the CIC!!! is it my fault!?
also I have been working in canada, paying tax for the last 2 years and some days....why does it seem to be like a big is issue....taking in mind the very high fees for lawyers, and I am a single person with law income.

I think I stared to worry also about the time it is going to take, I was hoping to visit my family back home this summer, but it does not seem to be happening soon

Actually you should take some comfort in the extent to which CIC considers absent passports a red flag: that is generic, not individual specific, not necessarily about any particular concern let alone suspicion about you.

The absent passport may indeed largely explain the extent to which CIC is probing . . . looking for something wrong. If there is nothing wrong for CIC to find: no worry, just the pain of their probing, the hassle of delay, and of course suffering some anxiety cannot be avoided.

There are many reasons why an absent Travel Document raises red flags for CIC. Those reasons probably do not apply to you, so there is no point in trying to enumerate and explain them. The red flag causes CIC to do more due diligence. When, in doing their due diligence, they find nothing wrong, you will be fine.

Indeed, sometimes some of the procedural hurdles imposed at this stage may be mostly checking to see you are still in Canada, really living in Canada. That is why it is important to timely respond with something, almost anything, so long as you respond to the request.

As I previously indicated, another red flag (not nearly so big, though, as the absent passport) is the extent of your U.S. ties. Here again, this is largely generic, not so much about you individually. This is largely about how much in the past a significant number of PRs were spending more time in the U.S. than they were reporting to CIC (especially in citizenship applications, but also in cases where PR residency was in issue). In the past it was far easier to come and go between the U.S. and Canada without it being reflected in Travel Document stamps or even CBSA travel history records, and especially so for those PRs deliberately exploiting certain vulnerabilities in the capturing of border crossing information . . . which leads back to one of the areas of concern about an absent Travel Document, where CIC might perceive that to indicate the possession and use of an alternative Travel Document. Again, NO WORRY if there is nothing for CIC to find wrong in this regard.

Overall, as I previously indicated, mostly you probably just need to submit what you can and wait.

Note: CIC is not engaged in searching for technical reasons to take away PR status from legitimate PRs actually settled in Canada. It is most likely about their doing due diligence. Unfortunately the criteria employed to identify cheats and frauds has to be a bigger, broader net which sweeps legitimate PRs into the scope of more scrutiny and delays.

Assuming you have been in Canada for more than two years in the recent past, and have not otherwise engaged in making misrepresentations to CBSA or CIC, you really should have nothing to worry about.

Like I said, a person could go stark raving mad trying to figure out why CIC does what it does.

 

[laila]

thank you again

Ok then I will let my lawyer get the travel history, HOPEFULLY nit wont take too long to get, and submit them to the CIC...and see whats gonna happen.

Is there anythig else you think might help so that I can do, I mean any other documets???

 

[Medmhn]

I did sent to CBSA for travel history to renw my pr.they sent mail with all the entry to canada sense I become resident on 2007.but they dont show the exsit date from canada.is all they sent to me the entry day.num fly tiket.name of airport.border.
So how I know my existe days bec I.lost my old passport .i only ve 4 copie of it where is shoe the stamp of my contry entry and exist.but not all trip.
the new one I ve it ve only 2 stamp of trip on it I.got.itsens October 2016.
I try to.think hard to remeber my exist day but I.get confuse .im.worry to.give them.rowng date of my exist. p
Do.I.need yo contact
Im counfuse only.for 1 trip .not sure of the exist date .I do my calucalte resident .if.I.put the exist date I ve it in my.passort I can apply to.rewn my.pr
If I put.the exist date the one im.not sure of.it bec I dont ve the prove and ot was in.my.old.passort I need to wait other 4months
So.plz advise me
Thank u