Interview for PR renewal

[Tired]

Hello;
Please someone help me if you can...im very confused

By the time my PR expired last September i was short on my 730 days by 45 days, I waited and applied for renewal after the 730 are completed.

After 4 months i received a notice to appear next month in front of an immigration officer, and to bring with me all the originals ...till now i dont mind because i can prove i stayed the 730 day...
my question is: they said in the letter, after studying your application, and if you met the requirement of the residency, you will have to apply for a new PR and get it....) !!! why do i have to do this?? its a renewal.... i thought after studying my case they should give me the new one automatically!!......and is it true that they might not consider those 2 years i spent in Canada in my citizenship application, ???? just because i was short on 45 days and spent those extra days without a valid PR before i complete my 730 and apply?

is there a law says they have the right to not count those 2 years of residency in my citizenship application???please anyone has the same case or knows ? im very disappointed !

 

[Alurra71]

You can live in Canada without a valid PR card. You waited until you completed your days needed before you filed, they are not faulting you for not filing for a new card before your old one expired. They are simply asking for an interview to verify the information you provided. This could be due to the fact that you were very close on days, based on their calculations, or it could simply be due to quality control.

If the 2 years you are talking about move outside of the 3 out of 4 year window needed for citizenship, then yes, they can in fact discount that time. This is not what they appear to be doing though.

If you got this notice to appear for a interview then they will take care of that, ensure you have the proper proof and documents and then they will go back and continue on with and issue your PR card to you. Just make sure you have all the original documentation and any other information you might have to help prove your case.

Good luck.

 

[Tired]

thank you very much for your kind answer !

Im not scared about the interview, i will have all the documents and originals and can easily prove my 2 years of residency as im working and my kid is in school and i have a good record in volunteering....

my main concern is that they decide not to count my 2 years in the 3 out of 4 required years for citizenship application i read it somewhere and i didnt understand why they can do that! im a resident ...and spent 2 continuous years in Canada, with only one issue is that my PR expired before i finish my 730 days by 45.....i DID NOT apply to renew it until the 730 days are completed!

so do you still think they can say to me in the interview: Ok, you are a residence we can see that, and we will give you your new PR, but start counting the 3 years for citizenship starting NOW !!! and forget about the past two years you spent it in Canada (((( !!!

 

[Alurra71]

thank you very much for your kind answer !

Im not scared about the interview, i will have all the documents and originals and can easily prove my 2 years of residency as im working and my kid is in school and i have a good record in volunteering....

my main concern is that they decide not to count my 2 years in the 3 out of 4 required years for citizenship application i read it somewhere and i didnt understand why they can do that! im a resident ...and spent 2 continuous years in Canada, with only one issue is that my PR expired before i finish my 730 days by 45.....i DID NOT apply to renew it until the 730 days are completed!

so do you still think they can say to me in the interview: Ok, you are a residence we can see that, and we will give you your new PR, but start counting the 3 years for citizenship starting NOW !!! and forget about the past two years you spent it in Canada (((( !!!

I don't know where you got that idea that they won't count it, but you can stop worrying about that now. They will not, I repeat, WILL NOT take away your previous time. As I said earlier, the ONLY way it would not count is if that time moved OUT of the 4 year window that they look back on to verify. So, if you had 2 years residence 3 years ago, and will not file for say 2 years, then that first year is outside of your 4 year window and would not count. Does that help to make more sense to you?

 

[Msafiri]

.....After 4 months i received a notice to appear next month in front of an immigration officer, and to bring with me all the originals ...till now i dont mind because i can prove i stayed the 730 day...my question is: they said in the letter, after studying your application, and if you met the requirement of the residency, you will have to apply for a new PR and get it....) !!! why do i have to do this??

IRPA

Obligation — appear for examination

16 (1.1) A person who makes an application must, on request of an officer, appear for an examination.

The law says you appear when they say you should! Only the officer knows why he/she has asked for the interview. Ask at the interview they may tell you - we don't have your file to hand maybe something doesn't add up or as advised it could be quality control. How many days did you apply at after 730....10, 20, 30? Are you entry dates in the 5 year period water tight?

.....my question is: they said in the letter, after studying your application, and if you met the requirement of the residency, you will have to apply for a new PR and get it....) ..

We need to see the letter in its entirety as what you say or rather the short line from it doesn't make sense/ is not clear on its own. Is there a form number at the end of the page for this letter?

.....and is it true that they might not consider those 2 years i spent in Canada in my citizenship application, ???? just because i was short on 45 days and spent those extra days without a valid PR before i complete my 730 and apply?

is there a law says they have the right to not count those 2 years of residency in my citizenship application???please anyone has the same case or knows ? im very disappointed !

And where are you getting this information from? The Citizenship Act clarifies the requirements for application - the current Act requires 3 years of residence in the 4 year period before application date. Currently the Act does not define residence as 'physical' presence so some applicants apply with less than 3 years of physical presence which is a bad idea since CIC get round this by delaying your processing. The Citizenship Act is being changed and legislation is currently before parliament which will increase the time to 4 years of physical presence in the 6 years prior to application. There will also be a minimum number of physical presence days (183) in each year for a PR to use those days for the citizenship application - this makes you a resident for tax purposes.

As has been advised if your PR days are such that you lose days as time progresses in any 4 year citizenship qualifying period block which is most likely if most of your 730 days are at the front end of the 5 year PR RO block then you will end up having to almost make up the 3 or 4 years of residence as the case may be for citizenship.

 

[sammy_2401]

By the way, what is your time-line. Appreciate if you could share this information. When did you apply for renewal and when did you receive that letter? Did you receive your letter from Local Office, if so, when was your file transferred to local office. This would be useful for many who are waiting to receive such letters from CIC. In fact, as it appears - getting that letter itself is a great break-through and I must congratulate you for that.