Rustamjan said:
Do you gyus think that we will have problems while renewing our PR cards ?
Rustamjan said:
Anybody else had such experience ?
I have no personal experience. But I can offer some observations.
I generally concur in the overall observations by both
Leon and
ifeedly, with some qualifications.
In particular, I agree with
ifeedly it appears your status was, in effect, adjudicated, resulting in a favourable determination based on H&C reasons. Thus, you should be eligible to be issued and delivered new PR cards without necessarily having 730 days presence within the preceding five years.
Beyond that it is important to understand, it warrants noting, that there probabilities, risks, and some unknowns in the situation you describe. There are variables, and what can be reasonably discerned is somewhere in a range between what is likely and what is possible. Little is certain.
Nonetheless, what is near certain, at least based on the facts you report, is that you are at minimal risk of any problem more serious than delays in processing the PR card application. And what is quite likely (but not in the range of certain) is that your PR card application takes longer than routine processing.
The burden of proving eligibility is on you. Your entitlement to a new PR card is, one might say,
not in the bank, so it is not like going to an ATM machine and withdrawing a deposit. You apply. CIC assesses the application and determines whether it requires more information or documentation. The latter is at least somewhat likely given your history.
There's the rub: given your history, there is a significant risk that CIC (now
Immigration, Refugees, and Citizenship) will conduct a more thorough review of your case before delivering a new PR card. Whether this will involve a secondary review, a request for additional information and documentation, or a full-blown residency determination is difficult, if not impossible, to predict. There is, however, at least a substantial risk some degree of non-routine processing will be involved, resulting in some delay.
This is NOT really a problem, but is more about inconvenience and delay.
As I noted, I concur in the observation by
Leon to wait to apply for the new PR card, wait until you have been present in Canada more than 730 days within the five years immediately preceding the date you submit the application. I think you are eligible for a new card sooner than that, given the H&C determination, but since you have waited this long, and it is not necessary to have a valid PR card, it is probably better to wait to apply when the issue of PR Residency Obligation compliance is minimized (by being actually present more than the 730 days obligation). That will not be enough to, so to say,
seal-the-deal, but it is more or less likely to mitigate questions about PR RO compliance. (Many times I would suggest waiting until there is a substantial margin over the minimum 730 days threshold, but that probably makes little difference in your situation and it is probably a good idea to avoid going more than a few months beyond the expiration date of your current PR cards.)
Overall: There is a fair chance your application for a new PR card will encounter no obstructions beyond making the application itself (so long as you submit a complete and accurate application, following the instructions as to what documentation to include). My impression, however, is that there are greater odds of some degree of non-routine processing. But no serious problems.
Rustamjan said:
Dear friends,
I have told my story little more than a year ago about not meeting residency obligation, having trouble at the airport and etc.
Just to have the full picture, want to briefly describe my situation again. Me, my wife and two daughters received PRs on November 2010, stayed in Canada for 33 days and left to home country because of my Mother's health started worsening.
Returned to Canada on January 18, 2014. Was asked lots of questions at the Pearson airport by visa officer. Came to airport in couple of weeks to meet with another visa officer and thanks God did not get Departure Order.
When we returned to home country on December 2010, we had third daughter. We requested TRV for her in 2014 to bring her to Canada, but was rejected. So, we had to leave her with my sister and did sponsorship in Canada. Thanks God, sponsorship was successful and she is in Canada from March 2015.
Now, our (4 family members) PR cards expired in December 8, 2015 (8 days ago) and planning to apply for renewal by 10-15 January 2016 (as soon as collect all the documents). 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.).
Do you gyus think that we will have problems while renewing our PR cards ?
Much appreciated in advance
Leon said:
You know they will not count your 33 days you stayed in 2010 because this time is no longer within the window of the past 5 years.
If you were gone for more than 3 years straight and entered Canada again in January 2014 and never left since, you should not apply until you have spent more than 2 years straight so wait until January 20th or longer to file your application. Then you shouldn't have a problem
ifeedly said:
As I see this, you were not found ineligible and were allowed to enter because there was probability that you will fulfill the requirement for required number of days.
going ahead with this argument means you should make sure you have required no. of days, plus a bit more (just for good luck) before you apply.
when they allowed you entry they already determined your status so they know that you were at risk of losing your status and were given a chance most probably due to H&C considerations.
Make sure you send them a truck load of evidence.
General observation regarding the nature of my observations; a caveat:
I am no expert. I have had no personal experience with PR residency obligation examinations, let alone with being reported, and I obtained citizenship without applying for a new PR card (I let my PR card expire . . . but by the time I turned it in at my oath ceremony it had been expired for only a little while). However, for many years now I have been following many related anecdotal reports in multiple forums such as this. I follow these issues in the context of also following CIC (now
Immigration, Refugees, and Citizenship) information, including operational manuals, bulletins, and Program Delivery Instructions, in addition to the standard online information including instructions, and the law itself (
IRPA and respective Regulations), as well as reading officially published decisions of adjudicated cases (both
IAD and Federal Court decisions). That said, there are many gaps in what I am familiar with. Bureaucracies are not known for their transparency, and while we now have a Liberal government promising more transparency, for the last nine years CIC had been increasingly
NON-transparent, way more so than a typical bureaucracy (regarding which, again, bureaucracies are not known for their transparency).
More than that, however, the particular facts and circumstances in individual cases vary greatly, and the differences in detail are always significant and sometimes huge. Extrapolating how things will go for a particular individual based on what happened to ten or twenty others, let alone what happened to just one or three, is more akin to sorcery than reasoned forecasting, a long long way from science.
