Heliosdz said:
Hi Everyone,
My PR card expires on Feb 2nd 2018 and will have fulfilled my residency obligation of staying 730 days in the country in this coming July, from what I was reading here and based on others experiences my renewal application will be most likely sent for secondary review and I will be stuck here for about a year until the renewal procedures is completed
My question is do I need to wait until my PR card expires to submit the renewal application or can I do it as soon as the residency obligation is met?
If I can submit my application early, will I be able to travel abroad and come back before my PR card expires and while my renewal application is going through?
Thanks
Heliosdz said:
Thanks for your reply, I became PR on Nov 15th 2012
If I wait until my card expiry to apply I will have stayed more than 900 days, do you think this will provide more chances to avoid the application to be sent for SR ?
Overall: if you just came to Canada to actually settle and live permanently in Canada in the latter part of 2015, have stayed since, and are in fact well-settled here now, the odds are probably good your PR card renewal will be routinely processed or subject to only minimal additional processing. It appears you are currently in compliance with a somewhat comfortable margin of around a hundred days or so above the minimum. While this is not a big margin, again if you have been well-settled in Canada now for over a year and a half, the combination suggests a relatively common scenario for new immigrants and should not trigger problematic non-routine processing . . . whether you apply in September or January.
Observations with analysis:
As
thecoolguysam suggests, it is better to spend significantly longer than 730 or 740 days before making an application for a new/replacement (renewal) PR card.
But I doubt 790 days makes much difference, since it is likely several other factors will have more influence on whether there will be elevated scrutiny and non-routine processing. Many participants in this forum tend to put way too much emphasis on the number of days, whereas there really is little difference between 731 and 931 days, as both meet the PR RO. What matters more is whether in the circumstances IRCC perceives the PR's accounting to be accurate or not, and there are many other factors which can influence this.
Your posts suggest you have been present in Canada between 620 and 650 days since you landed (that is, assuming you are in Canada and staying in Canada, that your total days
IN Canada will reach 730 sometime between 85 and 110 or so days from now, that is between July 1 and July 31).
To be clear, this means you are
currently in compliance with the PR Residency Obligation, with a margin of a hundred or more above the minimum. In particular, until November 15 your compliance with the RO is based on both days spent in Canada since landing,
plus days remaining until November 15, 2017 . . . which is to say you are currently fulfilling your PR RO, and doing so with a margin of a hundred or more.
To also be clear, a margin of a hundred days
might NOT be all that much, because it is clear that since landing you have been outside Canada more than you have been in Canada.
Which means other factors will
likely loom a lot larger in how IRCC assesses your compliance with the PR RO.
Among those factors (which includes work and address history, among others) is when in particular you have been in Canada.
For an example on the positive side, if you were largely absent from Canada in the first couple years following when you landed, but finally came and settled permanently in Canada late summer or so in 2015 (around 620 days ago or so), and have been working or going to school, well-established in a residence with minimal absences since late summer 2015, and you wait until fall or so to apply for the PR card, odds are probably good it will go well, a new card issued roughly within the routine timelines for other applications made during that time. (No guarantee, a lot depending on other factors, but you will have a hundred day margin or so and be well-settled in Canada, which should present a solid case.)
For a contrary example, involving the risk of more skeptical processing . . . If during the last four and a half years you have been coming and going, staying only three or so months at a time, and just recently returned to Canada . . . or if the bulk of time you have been absent from Canada has been in the last two years and you recently returned to Canada . . . these scenarios could make an impression that you are not settled in Canada, and not in the process of settling permanently in Canada, which is more or less likely to lead the examining officer to more thoroughly scrutinize you and your case, in multiple respects not just PR RO compliance, but yes including a more skeptical approach to assessing PR RO compliance. Meaning a higher risk of non-routine processing, perhaps a referral for full blown Secondary review (which can involve IRCC revisiting the information submitted in the original PR application), and potential delays.
These are illustrative examples only. The variables are many. What counts most are the circumstances and facts in your individual situation, including your overall immigration history, your work history, your residential address history, among other factors such as, perhaps, circumstances involving immediate family members, as well as less-specific ties to Canada or abroad, and so on.
The precise number of days in Canada are just one factor among others, even though the ultimate outcome is dependent on a
determination as to the number of days in Canada.
