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At which moment does someone become a permanent resident of Canada?

GREAKLY

Full Member
Aug 14, 2011
45
2
Hello, everybody,

At which moment does someone become a permanent resident of Canada? Does it happen when the positive decision is made on his/her application (irrespective of the immigration category)? Or, when the PR visa is issued and placed in that person's passport? Or, when this person actually lands in Canada? Or, when this person receives the PR card?

From which of these moments this person is considered a permanent resident of Canada in CIC's view? Where is the borderline? Is there a document/publication/law that specifies that? All I was able to find was wikipedia:

The term "landed immigrant" (French: immigrant reçu) is an old classification for a person who has been admitted to Canada as a non-Canadian citizen permanent resident. The current official classification for such a person is simply "permanent resident". The term "Landed immigrant" has been in use for so long that it is still part of the Canadian vocabulary and still appears in some government publications and forms.

To become a landed immigrant from outside Canada, one has to legally enter Canada, or "land", at one of the designated ports of entry. Upon entry the immigrant's passport will be stamped with the words "Immigrant Landed". Once the immigrant has landed, an IMM 1000 form (Record of Landing or Confirmation of Permanent Residence) will be given to provide an official record of landed status. If granted a permanent residency visa while living in Canada as a temporary resident (for example on a study or work permit or holding a visitor record), the applicant must still officially land and achieve the landed immigrant status. Previously many have left the country through the U.S./Canada border, either entering the U.S. or receiving a refusal notice, and then re-entered Canada through customs. Since late 2008 some, but not most, may now "land" at a Citizenship and Immigration Canada office in Canada.

..........................................................

Within Canada vs Outside Canada application.

The Permanent Residence process has two categories that are a critical part of the process and can have very different effects if a person applies incorrectly. While the "Application Status" web application on the CIC website reflects the categorical difference, the ramifications are not clearly identified at the time of application.

An application by a "Landed Immigrant" from within Canada is referred to as a "Within Canada" application.

An application from outside Canada is an "Outside Canada" application.

A "Within Canada" application leads to an "Approval in Principle" once the application is reviewed, at which point the applicant may apply for Provincial health care while the "Permanent Residence" application is processed. Approval in Principle takes approximately 17 months.

An "Outside Canada" application is intended for those who intend to resettle but have not moved yet and do not intend to move until they become a PR. It will not lead to an "Approval in Principle" as the applicant is assumed to not move until the process is complete and the person has the "Permanent Residence" card in hand. An applicant may enter the country as a visitor and be entered on a "Visitor Record;" but will not become eligible for such social elements as a Drivers License or Health Care until the entire process is complete. As of Apr 2014 that process takes 15–24 months.


However, this still doesn't clarify at what specific point someone becomes a PR.
 

ttrajan

Champion Member
Oct 14, 2013
2,236
49
Category........
AINP
Job Offer........
Yes
LANDED..........
15-08-2012
It is from the landed date in Canada.
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
GREAKLY said:
Hello, everybody,

At which moment does someone become a permanent resident of Canada? Does it happen when the positive decision is made on his/her application (irrespective of the immigration category)? Or, when the PR visa is issued and placed in that person's passport? Or, when this person actually lands in Canada? Or, when this person receives the PR card?

From which of these moments this person is considered a permanent resident of Canada in CIC's view? Where is the borderline? Is there a document/publication/law that specifies that? All I was able to find was wikipedia:

The term "landed immigrant" (French: immigrant reçu) is an old classification for a person who has been admitted to Canada as a non-Canadian citizen permanent resident. The current official classification for such a person is simply "permanent resident". The term "Landed immigrant" has been in use for so long that it is still part of the Canadian vocabulary and still appears in some government publications and forms.

To become a landed immigrant from outside Canada, one has to legally enter Canada, or "land", at one of the designated ports of entry. Upon entry the immigrant's passport will be stamped with the words "Immigrant Landed". Once the immigrant has landed, an IMM 1000 form (Record of Landing or Confirmation of Permanent Residence) will be given to provide an official record of landed status. If granted a permanent residency visa while living in Canada as a temporary resident (for example on a study or work permit or holding a visitor record), the applicant must still officially land and achieve the landed immigrant status. Previously many have left the country through the U.S./Canada border, either entering the U.S. or receiving a refusal notice, and then re-entered Canada through customs. Since late 2008 some, but not most, may now "land" at a Citizenship and Immigration Canada office in Canada.

..........................................................

Within Canada vs Outside Canada application.

The Permanent Residence process has two categories that are a critical part of the process and can have very different effects if a person applies incorrectly. While the "Application Status" web application on the CIC website reflects the categorical difference, the ramifications are not clearly identified at the time of application.

An application by a "Landed Immigrant" from within Canada is referred to as a "Within Canada" application.

An application from outside Canada is an "Outside Canada" application.

A "Within Canada" application leads to an "Approval in Principle" once the application is reviewed, at which point the applicant may apply for Provincial health care while the "Permanent Residence" application is processed. Approval in Principle takes approximately 17 months.

An "Outside Canada" application is intended for those who intend to resettle but have not moved yet and do not intend to move until they become a PR. It will not lead to an "Approval in Principle" as the applicant is assumed to not move until the process is complete and the person has the "Permanent Residence" card in hand. An applicant may enter the country as a visitor and be entered on a "Visitor Record;" but will not become eligible for such social elements as a Drivers License or Health Care until the entire process is complete. As of Apr 2014 that process takes 15–24 months.


However, this still doesn't clarify at what specific point someone becomes a PR.
The previous answer is correct. You only become a PR at the moment you and the CBSA / CIC official countersigns your COPR document with you during the landing interview. Until then, your application is still in progress, even if you have received your COPR and visa. It can be terminated right up to that last moment if something makes you inadmissible to Canada.
 

GREAKLY

Full Member
Aug 14, 2011
45
2
zardoz said:
The previous answer is correct. You only become a PR at the moment you and the CBSA / CIC official countersigns your COPR document with you during the landing interview. Until then, your application is still in progress, even if you have received your COPR and visa. It can be terminated right up to that last moment if something makes you inadmissible to Canada.
Thank you for the information. Can you refer to any document, which supports this point of view.
 

ttrajan

Champion Member
Oct 14, 2013
2,236
49
Category........
AINP
Job Offer........
Yes
LANDED..........
15-08-2012
Call CIC and find out.
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
GREAKLY said:
Thank you for the information. Can you refer to any document, which supports this point of view.
http://www.cic.gc.ca/english/resources/manuals/bulletins/2013/ob545-mod.asp and http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/section-71.1.html as well as Canadian Federal Court case law, particularly in reference to the application not being completed until the moment of actual "landing".
You obviously have a reason for asking this. Care to explain?
 

GREAKLY

Full Member
Aug 14, 2011
45
2
zardoz said:
You obviously have a reason for asking this. Care to explain?
Sure. I am Canadian, my wife is Russian. At the moment we are living in Russia awaiting for my wife's PR application approval (being 2+ years by now). My wife's parents want to come to Canada (and USA) as tourists. One of the questions on the tourist visa application form asks if they have any relatives who are Canadian citizens or PRs. What should they answer?

A week ago my wife received the passport request letter. Her online application status has also changed to "decision made". So, it's possible to assume that her application for PR has been approved. However, she doesn't have the PR visa (yet), she hasn't landed and she doesn't have the PR card. At this point, is she a PR or not (from CIC's point of view) in regards to her parents tourist visa application?

I tried to contact the CIC but their help line is unreachable from abroad. Local embassy's visa section does not take any calls at all. I spoke with a few different people in the visa center and they all have different opinions on this subject. The only thing I was able to determine positively that son-in-law (me :D) is not considered a relative for immigration purposes. But no one was able to tell me whether my wife is a PR or not at this point.
 

ttrajan

Champion Member
Oct 14, 2013
2,236
49
Category........
AINP
Job Offer........
Yes
LANDED..........
15-08-2012
Call cic At 613.944.4000 from outside canada.
From inside canada call at 1.888.242.2100
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
GREAKLY said:
Sure. I am Canadian, my wife is Russian. At the moment we are living in Russia awaiting for my wife's PR application approval (being 2+ years by now). My wife's parents want to come to Canada (and USA) as tourists. One of the questions on the tourist visa application form asks if they have any relatives who are Canadian citizens or PRs. What should they answer?

A week ago my wife received the passport request letter. Her online application status has also changed to "decision made". So, it's possible to assume that her application for PR has been approved. However, she doesn't have the PR visa (yet), she hasn't landed and she doesn't have the PR card. At this point, is she a PR or not (from CIC's point of view) in regards to her parents tourist visa application?

I tried to contact the CIC but their help line is unreachable from abroad. Local embassy's visa section does not take any calls at all. I spoke with a few different people in the visa center and they all have different opinions on this subject. The only thing I was able to determine positively that son-in-law (me :D) is not considered a relative for immigration purposes. But no one was able to tell me whether my wife is a PR or not at this point.
She is absolutely NOT a PR at the current time. There is no question about this.
 

GREAKLY

Full Member
Aug 14, 2011
45
2
zardoz said:
She is absolutely NOT a PR at the current time. There is no question about this.
Good. Could that be an issue if my wife lands before her parents come to Canada? In other words, she is not a PR at the moment they apply for the tourist visas. However, by the time they come to Canada (which should be in 3+ months from now), she could get a PR visa and, even, land (effectively becoming a PR). So, could that fact cause troubles for her parents' trip to Canada?
 

GREAKLY

Full Member
Aug 14, 2011
45
2
polara69 said:
I wish it was that clear. I spoke with a few people at the Visa Centers and they all seem to have a different opinion on this matter. One said that my wife will become a PR once she receives the PR card. Another one said that it happens when she gets the PR visa sticker in her passport. I asked if he was sure about that. He said that from the moment the sticker is issued she shows up in their system (whatever that is) as PR.
 

ttrajan

Champion Member
Oct 14, 2013
2,236
49
Category........
AINP
Job Offer........
Yes
LANDED..........
15-08-2012
ttrajan said:
Call cic At 613.944.4000 from outside canada.
From inside canada call at 1.888.242.2100
Call CIC at the above number and confirm.
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
GREAKLY said:
I wish it was that clear. I spoke with a few people at the Visa Centers and they all seem to have a different opinion on this matter. One said that my wife will become a PR once she receives the PR card. Another one said that it happens when she gets the PR visa sticker in her passport. I asked if he was sure about that. He said that from the moment the sticker is issued she shows up in their system (whatever that is) as PR.
I've quoted an explicit CIC Operational Bulletin and the relevant section of IRPR.
Frankly, if that's not good enough, it doesn't really matter who you talk to.
Finally, in a last desperate attempt to put this to rest, read Section 12 of http://www.cic.gc.ca/english/resources/manuals/enf/enf04-eng.pdf
 

GREAKLY

Full Member
Aug 14, 2011
45
2
zardoz said:
I've quoted an explicit CIC Operational Bulletin and the relevant section of IRPR.
Frankly, if that's not good enough, it doesn't really matter who you talk to.
Finally, in a last desperate attempt to put this to rest, read Section 12 of http://www.cic.gc.ca/english/resources/manuals/enf/enf04-eng.pdf
Thank you again for your help. I wasn't arguing with you on this matter. I just wanted to show how much confusion regarding this issue is even among government employees. How can they expect ordinary people figure this out?

Could my wife's becoming a PR be an issue if she lands before her parents come to Canada? She will not be a PR at the time they apply for the tourist visas. However, by the time they come to Canada (which should be in 3+ months from now), she could get a PR visa and, even, land (effectively becoming a PR). So, could that fact cause troubles for her parents' trip to Canada?