Rustamjan said:
Dear friends,
Do I have to complete separate IMM 5444 and 5455 for each family member (wife and children under 18) ?
My understanding is that a separate application needs to be made for each individual . . . note, for example, that the signature block for the application itself has a box for a parent or legal guardian to sign "if applicable."
By the way, not sure what the reference to 795 is in the response by
ramkris; I suspect a typo and 730 was intended.
Nonetheless, my response to first post in this topic:
Rustamjan said:
Can you please assist in completing some below items of the IMM5444E:
21. What do I need to write under "Periods to be assessed" ?
The "To" date (YYYY-MM-DD) should be the date on the day before you make the application. Thus, if you sign the application as of January 10, 2016, the "To" date should be "2016-01-09."
The from date is precisely five years previous, "2011-01-10."
In practice many are not so precise, and for example some will state the "To" date to be the same as the date of application, and "From" date the same date but five years previous. As in From 2011-01-10 / To 2016-01-10, for an application signed January 10, 2016. (Minor variations like this are of no import.)
Rustamjan said:
22. Situation 1 "Absences while accompanying a family member who is Canadian citizen"
Situation 2 "Absences while employed by Canadian business or Government outside of Canada"
Situation 3 "Absences while accompanying a Canadian PR family member who is employed by Canadian company outside of Canada"
I have been outside of Canada because of my mother's health started worsening. Non of the above would apply to me.
Please advise.
Foremost, you have indicated that you will
not be absent for 1095 days or more (within the preceding five years) at the time of applying. This is based on your presence for 770 days within the preceding five years:
Rustamjan said:
By January 10-15, 2015, we will have more than 770 days of physical presence in Canada, for which I can provide various proof (from work, volunteering, school, appartment rent, etc.).
1825 minus the 770 days present, equals less than 1095 days absent.
Even if you applied today, your report indicates more than 730 days presence, which means less than 1095 days absent.
Thus, you should
not need to complete part D item 22 ("Residency Obligation -- Time Spent Outside Canada")
Typically you would enter "N/A" somewhere in each of the three boxes under the respectively numbered situations.
If for some reason you are applying with more than 1095 days absence within the preceding five years:
As observed, since (apparently, as you have reported), you were the subject of a 44(1) Report but
not a departure order, constituting an adjudication of your status, with the result that you were allowed to retain PR status based on H&C reasons (and this appears to be confirmed by the successful sponsorship of the child born abroad), you should be eligible for a new PR card notwithstanding falling short of the 730 days presence obligation, you may have elected to apply for a new PR card without waiting to pass the 730 days presence threshold.
If for some reason that is the case for one or more of your family applying for a new PR card, and they intend to go ahead and make the application without waiting (note that I have been among those above who suggested the prudence of waiting even if technically it is not necessary), then the instructions say to complete item D.22. Assuming none of the three situations are applicable, then enter "none" or "N/A" as appropriate in the boxes except the boxes in for total number of days, and there enter "0" (or hand write "zero").
You might add an additional page with "
RESIDENCY OBLIGATION / HUMANITARIAN AND COMPASSIONATE GROUNDS" typed across the top, large font, in bold. And on that page
briefly outline the H&C grounds and reference the POE assessment regarding your situation.
This additional page is probably NOT necessary.
The instructions state:
"If you are unable to meet the residency obligation, CIC will consider any compelling humanitarian and compassionate factors in your individual circumstances that may justify the retention of permanent resident status.
CIC will notify you if this additional assessment is required."
And since the sponsorship of your child born abroad was successful, so long as there has not been more than a brief absence in the meantime, the odds are very good that IRCC will readily note the previous H&C determination without the additional page.
The instructions for the PR card application do not explicitly allow for adding pages or documents not specified or part of the application. Rather, if more room is needed for an item, the instructions say to print another copy of the page of the application containing that item, complete it, and submit that. But for someone applying based being eligible, as in compliance with the PR RO pursuant to H&C grounds, it might help to affirmatively include some statement as to this.
OVERALL OBSERVATION:
Unless there have been some significant absences since arriving back in Canada January 2014, my sense (for what my sense is worth . . . I am NO expert) is that you really should not encounter much difficulty. It appears you were just a little short of being in compliance with the PR RO at the time you came to Canada to live. This should go fairly smoothly.
Obviously, if there have been significant absences in the meantime, that changes the dynamics.
But your situation appears to be within range for little or no difficulty, since your other posts indicate you are in compliance, and the overall circumstances of this are actually well within fairly common situations -- even without compelling H&C grounds, many new immigrants take well over two years, often close to three, more than a few slipping past the three year mark, to actually get settled in Canada.
