Determination of Permanent Resident Status Questionnaire

[AcousticParanoia]

Hello,

I applied to renew my Permanent Resident Card on February 3, 2016. I actually was not physically present in Canada for 730 days between February 3, 2011 and February 3, 2016. I received a letter from CIC on May 26, 2016 and it says This office has initiated a Permanent Resident Determination investigation as a result of your application for a Permanent Resident Card. They also sent me a questionnaire called Determination of Permanent Resident Status.

So my question is, is there any way to terminate this investigation? If I chose to withdraw my application, would they terminate the investigation?

Thanks in advance.

 

[Bs65]

Maybe apply to renounce PR http://www.cic.gc.ca/english/information/applications/voluntarily-renounce.asp

 

[Rob_TO]

Hello,

I applied to renew my Permanent Resident Card on February 3, 2016. I actually was not physically present in Canada for 730 days between February 3, 2011 and February 3, 2016. I received a letter from CIC on May 26, 2016 and it says This office has initiated a Permanent Resident Determination investigation as a result of your application for a Permanent Resident Card. They also sent me a questionnaire called Determination of Permanent Resident Status.

So my question is, is there any way to terminate this investigation? If I chose to withdraw my application, would they terminate the investigation?

Thanks in advance.

No, the investigation will continue whether you continue with the application or withdraw it.

Your previous post indicates you were approved for a PRTD a few years ago based on H&C grounds. This may play a role in whether your PR card renewal now is also approved on the same H&C grounds to overcome your RO breach, however it's been quite a while since your PRTD decision so not sure how that will impact it. You should have applied for PR card renewal as soon as you returned to Canada on your PRTD.

 

[dpenabill]

Hello,

I applied to renew my Permanent Resident Card on February 3, 2016. I actually was not physically present in Canada for 730 days between February 3, 2011 and February 3, 2016. I received a letter from CIC on May 26, 2016 and it says This office has initiated a Permanent Resident Determination investigation as a result of your application for a Permanent Resident Card. They also sent me a questionnaire called Determination of Permanent Resident Status.

So my question is, is there any way to terminate this investigation? If I chose to withdraw my application, would they terminate the investigation?

Thanks in advance.

I would add that so long as you have mostly remained settled in Canada since your return in August 2014 (per your post earlier this year), and are continuing to stay in Canada, the odds of a favourable outcome seem good. In particular, at least under previous practices CIC or IRCC would not consider absences prior to the issuance of a PR TD based on H&C reasons. Thus, if there are no lengthy absences since your return, there should be no problem.

In contrast, obviously, an extended absence since returning could be problematic.

While it is correct that if you had applied for the PR card soon after your return, there would have been good odds of being issued one, you might have been subject to the same type of process then as well. (That said, it appears that IRCC has continued the trend to be increasingly vigilant scrutinizing compliance with the PR Residency Obligation, so the odds of such scrutiny are probably higher this year than two years ago.)

Obviously, IRCC could re-examine the H&C reasons underlying the issuance of the PR TD in 2014, but so long as there was no material misrepresentations made in that process this should not have any negative effect. I do not think they will or even can reconsider the H&C reasons themselves, but can verify the accuracy of the information that decision was based on.

Be sure to follow the instructions and provide the information requested. Maybe add a page referring to the PR TD if that information is not otherwise apparent in what you are submitting. Keep copies of everything. If for some reason this does result in a negative decision, which could mean the loss of PR status, you should have a strong case for an appeal . . . again, so long as there has not been any extended absence since returning to Canada and there was no misrepresentation in the information submitted for the PR TD.

To be clear, my sense (noting that I am NO expert however) is that this should go OK, that this is mostly, probably, to verify that you have indeed returned to and remained settled in Canada since coming to Canada in August 2014.

 

[AcousticParanoia]

No, the investigation will continue whether you continue with the application or withdraw it.

Your previous post indicates you were approved for a PRTD a few years ago based on H&C grounds. This may play a role in whether your PR card renewal now is also approved on the same H&C grounds to overcome your RO breach, however it's been quite a while since your PRTD decision so not sure how that will impact it. You should have applied for PR card renewal as soon as you returned to Canada on your PRTD.

Thank you for your response. I will not withdraw it then, I am thinking of extension of response.

 

[AcousticParanoia]

I would add that so long as you have mostly remained settled in Canada since your return in August 2014 (per your post earlier this year), and are continuing to stay in Canada, the odds of a favourable outcome seem good. In particular, at least under previous practices CIC or IRCC would not consider absences prior to the issuance of a PR TD based on H&C reasons. Thus, if there are no lengthy absences since your return, there should be no problem.

In contrast, obviously, an extended absence since returning could be problematic.

While it is correct that if you had applied for the PR card soon after your return, there would have been good odds of being issued one, you might have been subject to the same type of process then as well. (That said, it appears that IRCC has continued the trend to be increasingly vigilant scrutinizing compliance with the PR Residency Obligation, so the odds of such scrutiny are probably higher this year than two years ago.)

Obviously, IRCC could re-examine the H&C reasons underlying the issuance of the PR TD in 2014, but so long as there was no material misrepresentations made in that process this should not have any negative effect. I do not think they will or even can reconsider the H&C reasons themselves, but can verify the accuracy of the information that decision was based on.

Be sure to follow the instructions and provide the information requested. Maybe add a page referring to the PR TD if that information is not otherwise apparent in what you are submitting. Keep copies of everything. If for some reason this does result in a negative decision, which could mean the loss of PR status, you should have a strong case for an appeal . . . again, so long as there has not been any extended absence since returning to Canada and there was no misrepresentation in the information submitted for the PR TD.

To be clear, my sense (noting that I am NO expert however) is that this should go OK, that this is mostly, probably, to verify that you have indeed returned to and remained settled in Canada since coming to Canada in August 2014.

Thank you for your help. I will stay in Canada until it has been 730 days.