Howlong can we wait for the PR card legally ?

[vinotharaja]

Hi,
My wife sent the PR card renewal on December 6th, 2014. We received a letter on March 9, 2015 that they have completed the preliminary review and it has gone for a secondary review.
She had some issues with the Residency Obligation as she traveled three times out of Canada; however, she had only 772 days out of Canada during that five year period and it is well within the specified period of 1095 days.
We have been waiting up to now, telephoned several times to CIC and there is no clear indication for receiving the PR during the next couple of weeks... or months... we don't know !!!!. No one is telling the direction.
My question is "How long can we wait or live in Canada without a valid Permanent Residency Card legally ?"

She has already cancelled one trip to USA (by car) due this issue during this month and Now, we are planning to leave Canada again in next Jan, 2016. She is highly worried and looking anxiously everyday the Canada Post for PR card.


Ref Number - LN/PRC SYDNEY/T17
Could anyone help us by giving any direction to get rid of this issue as early as possible ?
Thanks
Antony

 

[SKguy]

First I strongly recommend for you to remove her UCI and application number off the website as these info are considered personal and don't make a difference in suggesting a solution to your case. Someone might use these info for illegal work.

Second, being under secondary review does not mean you or your wife have lost your PR status in Canada. You can continue to live here and work. I would also advice you not to travel until this situation is resolved. Contact CIC again and ask where your file is or why is it being referred for secondary.

 

[redgdon]

Hi,
My wife sent the PR card renewal on December 6th, 2014. We received a letter on March 9, 2015 that they have completed the preliminary review and it has gone for a secondary review.
She had some issues with the Residency Obligation as she traveled three times out of Canada; however, she had only 772 days out of Canada during that five year period and it is well within the specified period of 1095 days.
We have been waiting up to now, telephoned several times to CIC and there is no clear indication for receiving the PR during the next couple of weeks... or months... we don't know !!!!. No one is telling the direction.
My question is "How long can we wait or live in Canada without a valid Permanent Residency Card legally ?"

She has already cancelled one trip to USA (by car) due this issue during this month and Now, we are planning to leave Canada again in next Jan, 2016. She is highly worried and looking anxiously everyday the Canada Post for PR card.
Her UCI No- 59921839
Application number R-300574743
Ref Number - LN/PRC SYDNEY/T17
Could anyone help us by giving any direction to get rid of this issue as early as possible ?
Thanks
Antony

As the first respondent said, you really should remove the personal details from your post.

Your wife can travel to the US (by car) without a valid PR card. You only need to provide proof that you are a permanent resident in Canada to regain entry. This can be done by using you original landing document.

Your PR card is not a reflection of your PR status. You can be a PR and not bother applying for a card, it is only required when you leave the country and try to return by commercial means (plane, boat, rail, etc.) that the card is required. As a permanent resident you are not obligate to have a PR card. So to answer your question you can stay in Canada until CIC tell you you no longer have PR status.

 

[Msafiri]

vinotharaja,

As advised remove your personal info. Handle Redgon its best that you delete the quote of the OP in your own post as it contains the same personal info that he/she won't be able to delete.

I suggest you review say pages 20-25 of the email from CIC that PR card renewal needs Secondary Review thread as it covers in detail the SR process including non stated timelines. Also check the Are you Under Secondary review thread that I started today with an option to consider. Seems the travel records your spouse provided need clarity. Cross border travel between the US and Canada has historically been problematic especially where the Canadian PR also holds US GC or some form of US work authorization typically H1B. The authorities on both sides of the border haven't always stamped or recorded entries/exits which makes it easy for those playing the RO roulette to hide absences from Canada. Add to this where travel is significant and you are are unemployed and its a red flag.

In summary CIC has no stated timeline to complete their enquiries/checks into the concerns they have with the file (seems declared residence days). Either file a writ of Mandamus for the FC to compel action on the file (not approval) or ask the MP to make enquiries as this may speed things up. In the interim apply for GCMS notes they may reveal what CIC has as an issue and indicate a possible brought forward/review date - this info may also be redacted (highly likely) on grounds that its inclusion may compromise investigations on immigration compliance.

 

[vinotharaja]

Thanks Guys !
As per your advice, I have deleted the personal information.
I kindly request redgdon to delete my quote.
Thanks again for the useful advices.

 

[Msafiri]

Thanks Guys !
As per your advice, I have deleted the personal information.
I kindly request redgdon to delete my quote.
Thanks again for the useful advices.

You may be best to message redgdon. Since you can cross back into Canada from the US with just the landing documents no need to cancel US trips. The advantage of this travel is that if denied US entry you are on Canadian soil. Its the Canadian PR holding a non visit visa exempt passport and US visa flying into the US from a 3rd country or crossing the south border who if denied US entry really is out of luck.

 

[vinotharaja]

Hi,
We want to apply for an urgent processing as she has a ticket now and we could do it only during first week of September, 2015 to satisfy three months period requirement from the date of travelling.
is it advisable to send a new application with an urgent processing document as she has already completed another six to seven additional months under permanent residency obligation ? will that improve the situation ?
Please advise me !!!!!!

 

[MiriamT]

Hi,
We want to apply for an urgent processing as she has a ticket now and we could do it only during first week of September, 2015 to satisfy three months period requirement from the date of travelling.
is it advisable to send a new application with an urgent processing document as she has already completed another six to seven additional months under permanent residency obligation ? will that improve the situation ?
Please advise me !!!!!!

I'd believe that sending a second application would have the same effect of the first: going for extensive checks, secondary review, and take a rather long time. People whose residency CIC has been questioning have been having their applications taking 10 months, a year or more for renewal... You should inform them of your wife's upcoming trip and request urgent processing, and see if that has any effect (sometimes it doesn't, from what I've seen).

Best of luck.