You can apply 6 months before the card expired.
Mostly you will be asked to pick the card.
Minister Delegate and 1 yr PR CARD
- Thread starter MUSTAFACAN
- Start date
Mostly you will be asked to pick the card.
Bro
I already got two 1 year PR cards. Since 2017. Minister Delagte has not contact me till now.
My family was in India so they had to apply prtd and they got a negative decision . But they were issued 1 yr PRTD ...they came and appealed ...they are allowed to stay. I am hoping as they have been allowed my case will be the same.
You still don’t qualify to renew your PR card based on being in Canada for 730 days. Have you updated your address with the minister’s delegate?
Plz tell me when I will qualify for renewal?
I understand what you mean...you mean I won't qualify for 5 year PR card ...but for 1 yr PR I will qualify.
Recently my family appeal was allowed and they know my case is with minister delegate...I have never changed my address to update .
You need the answer from the Minister’s delegate before you qualify for for a 5 year PR card. Sending in a PR card renewal saying that you have been in Canada for 730 days in the past 5 years does not secure your PR card renewal for 5 years like other applicants that were never reported for not meeting their RO or denied PRTD based on H&C reasons.
Yes I am aware of it. I am just hoping that as I have been here for 730 days in last 5 years...hopefully minister delegate may take a positive decision.
In my situation minister delegate can give a positive deaicion...or just not give any reply...or give a removal order.
If Md doesn't take decision for 1 more year...I can apply for citizenship ...
If Md doesn't take decision till total 5 YRS .then my case will be closed.
I have read every thing.
I hope it's clear
THE TECHNICALITIES:
Once a 44(1) Inadmissibility Report for a breach of the Residency Obligation has been issued, days in Canada DO NOT COUNT toward compliance with the PR RO. In particular, IRPA Regulation Section 62(1)(a) states:
" . . . the calculation of days under paragraph 28(2)(a) of the Act in respect of a permanent resident does not include any day after . . . a report is prepared under subsection 44(1) of the Act on the ground that the permanent resident has failed to comply with the residency obligation"
That said, as often discussed in numerous topics here, days in Canada after being issued a 44(1) Inadmissibility Report are CONSIDERED in weighing H&C factors which might justify retention of PR status. The number of such days, compared to days absent since the report was issued, and compared to extent of the breach at the time the report was issued, matters. BUT ONLY as one H&C factor to be balanced against all the other considerations. Thus, for example, the difference between 675 and 735 (less than 730 versus more than) is of very LITTLE significance.
So, yes, the longer you stay in Canada, the stronger this factor is and is more reason to hope the Minister's Delegate makes a positive H&C decision. Reaching the 730 day threshold itself, however, is of little or no significance in this regard.
In other words: if the PR was in breach of the RO at the time the 44(1) Report was issued, staying in Canada does NOT cure that breach. No matter how long the PR stays in Canada after that, the 44(1) Report remains "valid in law," and the PR is subject to losing PR status UNLESS there are sufficient H&C reasons to justify the PR retaining PR status. In weighing the H&C factors, PR's presence in Canada after the report was issued is a positive factor. How much influence it has varies and is very difficult to forecast.
Overall, staying in Canada does NOT guarantee a positive H&C decision. (As discussed before, in contrast continuing periods of extended absence will almost always be a big negative factor.)
WHAT IS UNUSUAL ABOUT THIS CASE:
We rarely see reports about a 44(1) Inadmissibility Report in limbo pending a Minister's Delegate review. And those are almost all cases in which the 44(1) Report was issued at a PoE when no MD was available, so the PR was allowed to enter Canada and the MD's review was conducted, usually by telephone, in the following weeks or few months.
But we only see a very few, sporadic reports about 44(1) Reports for a breach of the RO issued in the course of inland processing involving a RO compliance determination, such as triggered by a PR card application. The procedure itself is fairly well known and understood, outlined in Operational Manuals, governed by applicable statutes and regulations, and confirmed by some IAD decisions. But some of the in-practice elements remain obscure.
Your case is among the latter. We simply do not see more than an isolated case in which a 44(1) Inadmissibility Report, for a breach of the RO, is in limbo for a lengthy period of time (let alone years) pending a Minister's Delegate review, let alone such cases where the report has been issued in the course of inland processing involving a RO compliance determination.
When I was commenting on your case more than two years ago, for example, I did not anticipate such a lengthy period of time in limbo waiting for a MD's decision. While the IRPA Regulations specifically provide for the issuance of a one-year PR card in situations like yours (see IRPA Regulations Section 54(2)(b), which should be linked here), this is not a commonly reported experience in this forum.
In Any Event:
"If Md doesn't take decision for 1 more year...I can apply for citizenship ..."
As long as that report is still outstanding the Minister may suspend processing a citizenship application (see Section 13.1(b) Citizenship Act). And as long as the report is still outstanding it seems highly likely that IRCC will suspend processing the citizenship application. That said, this should trigger IRCC to proceed with making a decision as to the Report. And, in that regard, remember that the report remains valid in law no matter how long you have stayed in Canada, so you will still be relying on a favourable H&C decision.
Thus, yes, you can apply. Does not guarantee a grant of citizenship. In particular, it is highly likely there will need to be a conclusive disposition regarding the 44(1) Report BEFORE you will be granted citizenship.
My sense is that it would be prudent to push for a disposition of the 44(1) Report BEFORE applying for citizenship . . . the question being when to do that, which largely depends on the H&C case being strong enough to be confident of a positive outcome, confident enough to force a decision notwithstanding the fact that the 44(1) Report will still be "valid in law," and thus the H&C factors will need to be enough to overcome the breach of the RO.
"If Md doesn't take decision till total 5 YRS .then my case will be closed."
I am NOT familiar with this. And I am curious if there is a an official source (statute or regulation) or at least authoritative source (IRCC information for example) for this.
I am somewhat skeptical that it works this way. But I do NOT know.
That noted, for a PR who has in the meantime been living in Canada, and who has been physically present more than not (particularly if by a good size margin), this seems like a scenario in which just a demand, consistent with beginning the procedure to seek a writ of mandamus, would almost certainly trigger a decision.
Which again brings up the prospect of applying for citizenship: DEPENDING on other factors (such as whether family members have also settled in Canada and are staying in Canada PERMANENTLY), staying long enough to have been present more than three years in the last five might be enough to similarly make the demand for a determination of status consistent with beginning the procedure to seek a writ of mandamus. Again, remember that the report remains valid in law no matter how long you have stayed in Canada, so you will still be relying on a favourable H&C decision. But I suspect (subject to advice from a competent lawyer), as noted above, it would be better to get a formal decision as to the 44(1) Report BEFORE applying for citizenship.
If you remain in Canada for 1 more year you don’t get citizenship because you have not received a response from the minister’s delegate. If you receive a negative response none of your time in Canada since you filed your PRTD based on H&C counts. I assume you may finally trigger a response from the minister’s delegate now that you filed for a PR card based on the 730 days and someone realizes that you are still waiting for an answer from the minister’s delegate. Your 5 year PR card application will be put on hold until you get a response and you will only get the 5 year PR card if you get a positive result.
Thanks for the reply
Just called the call centre...they said my card is sent for pick up and I will receive a letter. They also confirmed it's a 1 year PR Card.
Don't know how long this thing goes on...
You should be pushing to get your case resolved with the minister’s delegate. You seem to have been laying low thinking you could just accumulate 730 days and be fine.
Difficult to reasonably advance a discussion when it overlaps multiple threads.
I have addressed the above recent posts at length in the other topic where similar query was posted.
Note: So far as I can discern, is NOT correct to say that days after a 44(1) Report has been issued do NOT count as days physically present in Canada for purposes of grant citizenship eligibility.
Beyond that it is complicated. My in-depth observations AND citation and link to regulations and statutory sources quoted here:
I have addressed the above recent posts at length in the other topic where similar query was posted.
Note: So far as I can discern, is NOT correct to say that days after a 44(1) Report has been issued do NOT count as days physically present in Canada for purposes of grant citizenship eligibility.
Beyond that it is complicated. My in-depth observations AND citation and link to regulations and statutory sources quoted here:
Hello
Is there any update on your case? I have a few questions for you that need to be answered urgently. Is it possible to get your email address so I can speak to you directly?
Is there any update on your case? I have a few questions for you that need to be answered urgently. Is it possible to get your email address so I can speak to you directly?
I believe you should come to Canada at the earliest. You have a fair chance to have a positive determination / successful appeal, based on BIOC IRPA 25 (1) /67(1)(c) .
I am not a legal expert..so take it as just another view point.
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