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Email from CIC that PR card renewal needs secondary review

gegehelena

Member
Feb 23, 2018
15
2
Hi Imamasfar
I just log on to check my status .. and i also click on an icon at the bottom to explain the process and they said decision made means approved or rejected but they will mail us a letter to inform us within 4 weeks to pick up the card at nearest CIC office but when we checked through the general web on applic procesing time they said they might mail the card ... thankd for your update
Pls let me know when you have further news
Thanks and good luck
 

bricksonly

Hero Member
Mar 18, 2018
434
54
Anyone can share their experience on travelling aboard during the waiting period for DM through a land PoE by a rental car? Is it legal to travel aboard in this period or will it affect anything of DM?
 

dpenabill

VIP Member
Apr 2, 2010
6,427
3,173
Anyone can share their experience on travelling aboard during the waiting period for DM through a land PoE by a rental car? Is it legal to travel aboard in this period or will it affect anything of DM?
Short answer:

It is legal to travel abroad while a PR card application is in Secondary Review. Canada does NOT impose any restriction on a PR's travel abroad pending a PR card application.

However, how traveling abroad might affect the process or the outcome can vary from one individual to another, depending on whether the PR is in compliance with the PR Residency Obligation and otherwise admissible.



Longer Explanation:

I have no personal experience with this.

But your question is easily answered in terms of what the rules are. In contrast, the practical effect of traveling abroad while a PR card application is pending under Secondary Review depends on the individual's particular facts and circumstances.

The overriding rule is that a PR's capacity to travel internationally is NOT governed by Canada BUT rather by the passport the PR carries.


CANADA's Rules regarding PR travel abroad:

Canada does NOT impose any restriction, none at all, on a PR's travel abroad. At any time. Whether the PR has a PR card or not. Whether the PR has a PR card application in process or not.

There are two exceptions. One is the PR Residency Obligation, the requirement that a PR be present in Canada for at least 730 days within any five year time period. The Second is that PRs who are also a refugee may be subject to cessation of refugee status, which would automatically terminate their PR status, if they travel using a home country passport or if they travel to the home country (or in some circumstances, that would be the country they fled).

Thus, a PR who has an application for a new PR card pending, whether in SR or otherwise, can freely travel abroad, so far as the Canadian government has a say, just like any other Canadian PR.


Travel without a valid PR card:

Canada does NOT, not at all, preclude PRs from traveling abroad without a valid PR card. This forum is rife with misguided complaints otherwise. But there is a related restriction: the restriction Canada does impose is that PRs need to present EITHER a valid PR card OR a PR Travel Document in order to board a flight or other commercial transportation destined to Canada. This is NOT a requirement to return to Canada. It is a requirement which restricts who commercial carriers can transport to Canada. And, a PR abroad who can submit evidence of compliance with the PR RO is entitled to a PR Travel Document precisely so the PR can board a flight to return to Canada.

If a PR is able to travel to a Canadian PoE, no PR card or PR TD is necessary to obtain entry into Canada. Thus, for example, a PR abroad who does not have a valid PR card can, as is often discussed in this forum, travel via the U.S. in order to arrive at a land border crossing into Canada. Technically proof of identity AND proof of PR status must be shown at the border, but the PR's passport alone is usually sufficient for this, and passport plus an expired PR card, CoPR, or Canadian identification (drivers license, health card) will often make this process go more smoothly and quickly (all the CBSA officer needs to do is verify the traveler's PR status in their system).

Obviously, at the PoE the PR may be questioned about how much time the PR has been abroad, or present in Canada, during the preceding five years, to determine compliance with the PR RO. Just like any other PR. But of course a PR without a valid PR card is more likely to be so questioned, and similarly a PR flagged as having a PR card application pending in SR.


Potential Practical Impact:

This is more complicated because it varies so widely depending on the particular PR's situation.

For the PR who is well-settled and living permanently in Canada, whose trip abroad while the PR card application is in process has been fairly brief, and who is otherwise quite clearly in compliance with the PR RO, the mere fact of traveling abroad should have NO detrimental impact.

For the PR who applied for a PR card cutting-it-very-close or who otherwise is NOT so clearly in compliance with the PR RO upon arrival at the PoE, there is of course the risk of a negative residency determination then and there, which would trigger being reported and issued a Departure Order. The PR is still entitled to enter Canada. And can appeal. Once an appeal is made the PR can apply for and should be issued a one-year PR card.

There is a potential POSITIVE impact as well. Generally Secondary Review is about more than just compliance with the PR RO, even if the referral to SR was triggered by questions about compliance with the PR RO. But, if IRCC's concern is about PR RO compliance, it appears that a PR's short trip abroad and prompt return can sometimes trigger a decision, a positive decision, on the PR card application. In particular, it appears that sometimes IRCC will refer a PR card application to SR if it is perceived the PR is living abroad, so the exit and prompt return can signal to IRCC the applicant actually is living in Canada. Caveat is that, again, SR is usually about other issues over and above compliance with the PR RO, so only a few might see their re-entry into Canada affect their PRC application positively.

While there are way too many possible variations to attempt outlining much of a sample, in general the more questions there are about the PR's presence in Canada, the more travel abroad could tend to have a negative influence, and the longer the time abroad the more so.
 

bricksonly

Hero Member
Mar 18, 2018
434
54
Short answer:

It is legal to travel abroad while a PR card application is in Secondary Review. Canada does NOT impose any restriction on a PR's travel abroad pending a PR card application.

However, how traveling abroad might affect the process or the outcome can vary from one individual to another, depending on whether the PR is in compliance with the PR Residency Obligation and otherwise admissible.



Longer Explanation:

I have no personal experience with this.

But your question is easily answered in terms of what the rules are. In contrast, the practical effect of traveling abroad while a PR card application is pending under Secondary Review depends on the individual's particular facts and circumstances.

The overriding rule is that a PR's capacity to travel internationally is NOT governed by Canada BUT rather by the passport the PR carries.


CANADA's Rules regarding PR travel abroad:

Canada does NOT impose any restriction, none at all, on a PR's travel abroad. At any time. Whether the PR has a PR card or not. Whether the PR has a PR card application in process or not.

There are two exceptions. One is the PR Residency Obligation, the requirement that a PR be present in Canada for at least 730 days within any five year time period. The Second is that PRs who are also a refugee may be subject to cessation of refugee status, which would automatically terminate their PR status, if they travel using a home country passport or if they travel to the home country (or in some circumstances, that would be the country they fled).

Thus, a PR who has an application for a new PR card pending, whether in SR or otherwise, can freely travel abroad, so far as the Canadian government has a say, just like any other Canadian PR.


Travel without a valid PR card:

Canada does NOT, not at all, preclude PRs from traveling abroad without a valid PR card. This forum is rife with misguided complaints otherwise. But there is a related restriction: the restriction Canada does impose is that PRs need to present EITHER a valid PR card OR a PR Travel Document in order to board a flight or other commercial transportation destined to Canada. This is NOT a requirement to return to Canada. It is a requirement which restricts who commercial carriers can transport to Canada. And, a PR abroad who can submit evidence of compliance with the PR RO is entitled to a PR Travel Document precisely so the PR can board a flight to return to Canada.

If a PR is able to travel to a Canadian PoE, no PR card or PR TD is necessary to obtain entry into Canada. Thus, for example, a PR abroad who does not have a valid PR card can, as is often discussed in this forum, travel via the U.S. in order to arrive at a land border crossing into Canada. Technically proof of identity AND proof of PR status must be shown at the border, but the PR's passport alone is usually sufficient for this, and passport plus an expired PR card, CoPR, or Canadian identification (drivers license, health card) will often make this process go more smoothly and quickly (all the CBSA officer needs to do is verify the traveler's PR status in their system).

Obviously, at the PoE the PR may be questioned about how much time the PR has been abroad, or present in Canada, during the preceding five years, to determine compliance with the PR RO. Just like any other PR. But of course a PR without a valid PR card is more likely to be so questioned, and similarly a PR flagged as having a PR card application pending in SR.


Potential Practical Impact:

This is more complicated because it varies so widely depending on the particular PR's situation.

For the PR who is well-settled and living permanently in Canada, whose trip abroad while the PR card application is in process has been fairly brief, and who is otherwise quite clearly in compliance with the PR RO, the mere fact of traveling abroad should have NO detrimental impact.

For the PR who applied for a PR card cutting-it-very-close or who otherwise is NOT so clearly in compliance with the PR RO upon arrival at the PoE, there is of course the risk of a negative residency determination then and there, which would trigger being reported and issued a Departure Order. The PR is still entitled to enter Canada. And can appeal. Once an appeal is made the PR can apply for and should be issued a one-year PR card.

There is a potential POSITIVE impact as well. Generally Secondary Review is about more than just compliance with the PR RO, even if the referral to SR was triggered by questions about compliance with the PR RO. But, if IRCC's concern is about PR RO compliance, it appears that a PR's short trip abroad and prompt return can sometimes trigger a decision, a positive decision, on the PR card application. In particular, it appears that sometimes IRCC will refer a PR card application to SR if it is perceived the PR is living abroad, so the exit and prompt return can signal to IRCC the applicant actually is living in Canada. Caveat is that, again, SR is usually about other issues over and above compliance with the PR RO, so only a few might see their re-entry into Canada affect their PRC application positively.

While there are way too many possible variations to attempt outlining much of a sample, in general the more questions there are about the PR's presence in Canada, the more travel abroad could tend to have a negative influence, and the longer the time abroad the more so.
Thanks! You mentioned that frequent visiting aboard but always back is a positive sign for IRCC that the applicant should have a considerable CANADIAN TIE? That means a simple three year out and two year in, especially the two year is at the beginning of the 5 year circle, will make a renewal much harder?

I do seasonally visits aboard from 1 to 4 months and back Canada for 1 to 3 month, several times per year, until my family moved to USA in 2016. From that time, I do the same visits aboard but the base has changed to USA. My spouse is a Canadian Citizen. Because of this, my record of travel history from CBSA could show that my RO is not enough, because their records of my stay in Canada decreases after 2016. Is there really a issue if I re-enter Canada for PR card renewal but could be stuck at airport or PoE?

We took a vacation back to Canada during Christmas holidays and didn't stop at all because I went with my family and we were driving from USA through a PoE. Very friendly CBSA officer though. But I just realised that I ACTURALLY breach RO at that time if the CBSA officer really do calculation of my RO (3 month less at that time). I believed my PR card had been scanned but everything looked normal and I had been doing so for many times (same day crossing-boarder shopping or pick up family from US airport before 2016). Is that a good idea that I will re-enter Canada for my PR card renewal with my family in school's summer vacation time?
 

dpenabill

VIP Member
Apr 2, 2010
6,427
3,173
Is that a good idea that I will re-enter Canada for my PR card renewal with my family in school's summer vacation time?
I steer clear of offering personal advice for two important reasons:

-- I am NO expert and am NOT qualified to give personal advice; AND

-- there is no way for me to be adequately informed of the many, many personal factors which can have an impact on what a person should do, on how things can or will go

I can and do offer observations about general principles and general correlations between some fact patterns and probable outcomes; while sometimes I am sloppy in how I express these, I try to make it clear this is not advice so much as it is general information, and what it means for a particular individual is subject to a wide range of potential variables which can have a big impact on the actual, in practice outcome.

Without parsing the details in your reported situation, it appear you are generally living abroad MORE than in Canada. That inherently invites questions about your compliance with the PR RO. Remember, the purpose of granting PR status is to allow the person to LIVE IN CANADA PERMANENTLY. It is not to facilitate a multi-national lifestyle. So of course any PR who is not well-settled PERMANENTLY in Canada is going to be approached with a healthy degree of skepticism if not suspicion. The two years in Canada in five is the VERY MINIMUM, almost but not quite an ABSOLUTE MINIMUM. Not sure why, but scores and scores of PRs seem to think just meeting the bare minimum should eliminate suspicions or problems. The minimum is intended to facilitate compelling contingencies in life, so that a PR can go visit a terminally ill parent without

For a PR who is in breach of the PR Residency Obligation, there is always a risk of being reported when entering Canada, even if the PR was issued a new PR card recently. The extent of that risk, however, varies greatly. Some factors are obvious. Few factors are controlling but some have more influence than others.

Positive factors:
-- the shorter the length of last absence, the better
-- the closer the PR is to being in compliance, the better
-- -- the more recent the bulk of time in Canada has been, the better
-- the more settled the PR is in Canada, the better
-- -- currently full time employed in Canada, that is better
-- the more residential ties the PR has in Canada, the better

Negative factors:
-- longer the last absence, the worse
-- the bigger the shortfall from compliance, the worse
-- the more time in Canada or pattern of presence in Canada looks like visiting Canada more than living in Canada, the worse
-- absence of current Canadian employment or enrollment in school, leans negative
-- overall impression of not being settled permanently in Canada, leans negative

This is just a FEW examples. No where near exhaustive. If and when the CBSA officer recognizes that a PR is in breach, then H&C factors can make a big difference in how it goes. Many of the things I listed above will similarly influence, or have the risk of influencing, an H&C assessment.


KEY CONSIDERATION: A PR in breach of the PR RO should NOT, not generally, leave Canada until the PR is in compliance. This is particularly true if the PR does NOT have a valid PR card, AND THEN THIS IS ESPECIALLY so if the PR has a PR card application in process.

More than a few take the risk. For many it goes OK. For many others it does NOT go OK.
 

gegehelena

Member
Feb 23, 2018
15
2
Hi Imamasfar
I just log on to check my status .. and i also click on an icon at the bottom to explain the process and they said decision made means approved or rejected but they will mail us a letter to inform us within 4 weeks to pick up the card at nearest CIC office but when we checked through the general web on applic procesing time they said they might mail the card ... thankd for your update
Pls let me know when you have further news
Thanks and good luck
Hi Imamasfar and Steaky

I just want to update you all that i received my new card today by mail
So i sent the mail out on dec 27,2017 and they received my mail on 2 january 2018 ... but i knew it by email that they sent on 19 March and i logged on the site to check the status is Decesion Made ... and i received the new card on March 27 ,2018 by mail
Good luck with everybody still in process
 

sofia.m

Star Member
Jul 11, 2011
53
11
Hi Imamasfar and Steaky

I just want to update you all that i received my new card today by mail
So i sent the mail out on dec 27,2017 and they received my mail on 2 january 2018 ... but i knew it by email that they sent on 19 March and i logged on the site to check the status is Decesion Made ... and i received the new card on March 27 ,2018 by mail
Good luck with everybody still in process

Did u submit by regular mail?
 

sofia.m

Star Member
Jul 11, 2011
53
11
Yes i submit by regular mail .. i am in Montreal and according to canada post website it will take 3 to 5 days to reach Sidney the immigration processing office .. i guess its right

Thats so weird. I submitted dec 28 2017. Nothing yet. Not even a receipt.im so lost.
 

GTA4321

Newbie
Jan 28, 2018
4
0
Hi Imamasfar and Steaky

I just want to update you all that i received my new card today by mail
So i sent the mail out on dec 27,2017 and they received my mail on 2 january 2018 ... but i knew it by email that they sent on 19 March and i logged on the site to check the status is Decesion Made ... and i received the new card on March 27 ,2018 by mail
Good luck with everybody still in process
Hi I just want to know did they send you email that the mailed your card????
 

gegehelena

Member
Feb 23, 2018
15
2
Im in toronto. Mailed in Scarborough[/QUOTE

Oh ... lets hope for the best hopefully its not lost.... hopefully someone will be able to answer you in this thread with the same experience...
hopefully you dont need to leave the country soon
The best of luck for you