heeradeepak said:
it looks like CIC officer in Sydney was lazy and not able to make a decision so he forward his file to local office for further investigation it mean 2-3 months more delay. But no need to worry if he meet the requirement after interview they will clear the file.
No. The transfer back to the local office is not about any laziness.
The secondary review in Sydney examines issues like confirming identity and status generally, including whether the PR has an outstanding 44(1) report for non-compliance, has been denied a PR Travel Document, and includes determining if the PR has some other ground for terminating status (such as serious criminality, security concerns, and such), or determining if PR status is otherwise no longer valid. Once these inquiries are complete, and current PR status is confirmed, the application is then returned to the local office. Depending on the facts of the particular case, the local office may deliver the new PR card (which is issued by Sydney), or send a notice to the PR to come to the local office and then conduct a counter interview, or the local office may conduct a full blown residency examination. Actual delivery of the PR card to the PR depends on the outcome of the counter interview or residency examination. Obviously the latter can involve a much, much longer timeline. Additionally, the outcome of the counter interview can be either delivery of the PR card, further assessment, or a full blown residency examination. Assessment as to in-fact compliance with the PR RO (in contrast to assessment based on declarations in application) is generally done by the
local office.
Observation about a PR declaring presence in Canada for 800 days: Since such a PR has spent more time living abroad than in Canada, this is obviously a scenario where the application for a new PR card is at significant risk of elevated scrutiny. If there is any doubt at all about where the PR was for any given period of time, the beyond-a-balance-of-probabilities inference is that the PR was where the PR was most of the time . . . which for the PR with less than 900 days presence in Canada, that was
abroad, as in
NOT in Canada. Thus, such a PR should be prepared to submit proof accordingly, recognizing that the burden of proof is on the PR.
Observation about a PR with an application pending and confident about his or her proof of compliance with the PR Residency Obligation: Assuming the PR has proof of compliance with the PR RO, was in compliance at the time of applying for a new PR card, and has remained in Canada for a significant period of time while the PR card application was pending, such a PR should have little trouble applying for and obtaining a PR Travel Document if and when that PR takes a trip abroad. The PR might ask if it is possible to get an exit stamp when leaving Canada, to conclusively show the date of leaving Canada. Otherwise, if anxious about things, the PR might engage in a specific activity (visit doctor using provincial health care coverage, take something to a notary in Canada to have his signature witnessed and verified) just before leaving which will conclusively document presence in Canada at that date. The PR should carry a reasonable amount of proof of presence in Canada which will show compliance with the PR RO. Schedule the trip to facilitate time to apply for and obtain the PR TD. Unless there is some overt suspicions about the PR this should be quite routine and not a problem.
In other words, in the situation reported by
Beaverdiva, the PR spouse in Canada should not have a problem traveling despite not receiving the new PR card yet . . . assuming there is no problem proving the travel declarations made in the PR card application and otherwise proving compliance with the PR RO.
I am thinking of renouncing my PR status and apply for tourist visa.
