Badshah bhai said:
I am a canadian citizen, so are my two Boys. I like to discuss about My Wife who is a PR from April 2012. and expiration of the PR card is June 2017.
she was out of Canada for 1015 days.
means she was in canada for more then 730 required days.
Out of 1015, she was out of Canada, she stayed with me in my home country,after i become canadian citizens for around 300 days.
should i apply immediately for renewal of PR card from my home country or i should fly with her to apply PR renewal from Canada only. seniors please help take me right steps and oblige. how much time it will take for issuance of new PR card as per present processing delay.
It is a
little more complicated than that.
Foremost, the instructions
require applications for the PR card to be made
IN Canada. So, no, she cannot apply from your home country. She needs to be in Canada (regardless where you are) when she makes the application.
Moreover, she should actually be living in Canada, not merely here temporarily.
If the two of you are living together abroad, planning to continue living together, and otherwise you are not returning to live in Canada (to stay in Canada at least indefinitely) at this time,
the better approach, probably, is to NOT apply for a new PR card. Now that you are a citizen, so long as the two of you are married and living together it does not matter where in the world you live, or for how long, she will be complying with the PR Residency Obligation and thus will not have any issues about retaining her Canadian PR status.
She does not need a new PR card. A new card would be more convenient, yes, but that convenience is not worth trying to manipulate your lives and the information in order to get a new PR card.
Again, read and follow the instructions.
For many, if not most queries posed in the forum, the best suggestion is usually a reminder to read and follow the instructions. In other forums I have a signature which says
"If in doubt, follow the instructions; otherwise, yep, follow the instructions." This cannot be overstated.
I repeat this realizing it probably comes across as stating the obvious, perhaps even seems condescending, but the most common mistake, made by those who are qualified, is a failure to follow the instructions.
The instructions are mostly straight-forward. See:
http://www.cic.gc.ca/english/information/applications/prcard.asp
http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp
and the checklist and application form linked at these IRCC web pages
Again, now that you are a citizen, so long as the two of you are married and living together it does not matter where in the world you live, or for how long, she will be complying with the PR Residency Obligation and thus will not have any issues about retaining her Canadian PR status.
It is true, really,
she does NOT need to get a new PR card. As noted, a new card would be more convenient, yes, but unless she is actually already planning to return to Canada
to actually live in Canada, the more prudent approach is to wait.
For travel to Canada after her PR card expires she will need to obtain a PR Travel Document. It will be important to carefully follow the instructions when that application is made, and in particular including, with the PR TD application, proof of the marriage relationship, proof of spouse's Canadian citizenship, proof of cohabitation, and the required documents which includes a copy of the spouse's passport (including all pages . . . so that, in addition to the proof of maintaining a common household together, IRCC can assess travel history for both and verify that the citizen spouse and the accompanying PR are in fact accompanying one another).
Availability of multiple-entry PR TD valid for multiple years:
For PRs in this situation, for now it appears that IRCC will readily issue a multi-year, multiple-entry PR Travel Document, which will be almost as convenient as having a PR card.
This is the approach currently favoured by IRCC for those PRs who are living abroad and in compliance with the PR RO (indication is that this is indeed mostly about accommodating PR spouses of Canadian citizens living together abroad).
Some particulars:
When it comes to making the PR card application,
she needs to make the application. Not you. You can help. You can, for example, fill in the form with the information to be provided, but
she needs to be the one who verifies the truthfulness of
all the information submitted.
And, while it is not specifically required, practically she needs to be actually
residing in Canada (not just in Canada temporarily)
before making the application, and continue to be
residing (actually living) in Canada while the application is being processed. This does not mean she cannot leave Canada, such as to visit abroad, but if she leaves Canada to resume living outside Canada then she should notify IRCC of her change in address . . . recognizing, however, if she changes her address to one abroad that will mean her PR card application will be, in effect anyway, suspended. IRCC will not mail the PR card or a notice to pick-up the card to any address other than the PR's
residential address IN Canada.
Many, many fudge this. Many, for example, will temporarily visit Canada for the purpose of making the PR card application. Many use the address of a family member or trusted friend which is not really where the PR lives. Many get away with doing this. Still, not a good idea.
Let us be frank: IRCC does not appreciate gaming the system. Indeed, IRCC tends to stiffen up, even get unfriendly some, if it just appears someone is attempting to game the system. Pretending that a temporary address in Canada (let alone the address of a family member or friend) is where one is really residing may work more often than not, but there is no need for the PR spouse of a Canadian citizen (and living together) to try getting away with this.
Moreover, if a PR who was living abroad before making the PR card application applies soon after returning to Canada, and then that PR leaves Canada while the application is pending, particularly if the absence is for a significant duration, it will appear as if the PR is no longer residing in Canada, and if the PR fails to notify IRCC of the change in address
that can constitute a misrepresentation by omission, which could in itself constitute grounds for revoking PR status.
In this regard, appearance matters. Which is usually the case, actually, since appearance almost always matters.
(Reminder: the applicant verifies, when signing the application, he or she
"will immediately inform Immigration, Refugees and Citizenship Canada if any of the information or the answers provided in [his or her] application forms change." While the failure to properly notify IRCC of a change in address is common, and often (perhaps even usually) does not result in a serious problem, there is, again, no good reason to test the reach of IRCC enforcement regarding this.)
Observations regarding SECONDARY REVIEW:
sambujang said:
. . . how long it takes before a PR card renewal application completes a secondary review?
How long do I have to wait for before I get my new PR card?
There are multiple topics where the impact of Secondary Review is discussed, including the most active one where some participants here are keeping track of timelines for those bogged down in SR.
See topic titled: "Email from CIC that PR card renewal needs secondary review"
The timelines reported in that topic, and elsewhere in this and other forums, is purely anecdotal, and almost certainly is
NOT a representative sample. So those timelines are more about what can happen than what usually happens, let alone what is likely to happen, let alone what will happen for any particular individual.
Nonetheless, probably safe to say that SR timelines appear to range from a few extra months to well over an extra year, occasionally longer.
sambujang said:
. . . I do not understand why CIC would take this long to verify that you have met residency obligation. . . .
Despite erroneous comments in this and other forums otherwise, Secondary Review is about more than merely verifying the PR has met the PR Residency Obligation.
This warrants a much longer, more in-depth explanation, one which has in large part been posted in this forum in other topics, including the topic titled "Email from CIC that PR card renewal needs secondary review" and others.
For purposes of this topic, I will offer the following . . .
Further observations regarding IRCC procedures and processing SR'd cases more generally:
As tends to be common in forums like this, there are comments above suggesting that there is
"something fundamentally wrong" at IRCC resulting in the abuse of PRs.
There are flaws, yes, of course, IRCC is a large bureaucracy, not a mythical magical kingdom where all is perfect.
Thus, in particular, there are always some individuals who unfairly suffer.
And it is also true that overall IRCC has a history of dismal processing timelines, way too often resulting in excessive delays which too often have a profoundly detrimental impact. The struggle to make improvements in this regard is a constant battle, with limitations as to funding and personnel resources looming large, on one hand, and what appears to be a near-constant effort by many to game the Canadian system, with outright fraud challenging the orderly functioning of the Canadian immigration system, on the other. At the same time that Big, Big Brother to the South is breathing its foul breath down Canada's neck with pressure to get tougher and tougher.
In this environment, make no mistake, incongruities alone may tend to trigger concern, potentially leading to questions and then doubts, inviting skepticism.
Leading to observations about who gets SR . . .
sambujang said:
. . . case is just beyond my comprehension. I never could understand why CIC would even refer your application to a secondary review just for being out of the country for 20 day or less in the past 5 years . . .
Secondary Review is not about how long a PR has been in or outside Canada. (This forum continues to be rife with erroneous suggestions otherwise, especially in those topics specifically discussing SR.)
Conducting a more formal
Residency Determination is the procedure for assessing compliance with the PR Residency Obligation. Not SR.
In contrast, SR will
also include a Residency Determination, and in that regard probably a more thorough, probing, intensive Residency Determination. Moreover, questions about compliance with the PR RO may indeed be a major factor in why someone at IRCC has referred the PR card application to SR. The latter should not be confused, however, with the fact that the usual and primary focus of SR is about more than PR RO compliance, and rather is more about
misrepresentation, fraud, or other admissibility concerns. (Precise triggers for and nature of SR is confidential information which is not divulged publicly, so obviously I do not know what the precise triggers are or what specific inquiries are made in SR, but anyone who follows these matters closely and is familiar with the operational guidelines and program delivery instructions which are public, can readily recognize these observations about SR . . . in contrast, there are many posts in forums like this which are reactionary, accusatory, and quite simply uninformed.)
In other words, compliance with the PR RO, even compliance by a large margin, does not immunize a PR from SR.
That said, of course the PR RO looms large in what is being evaluated during SR for the majority of those referred to SR, particularly those who were
cutting-it-close. But again, if the case has been referred to SR, the inquiry will usually be focused on
more than merely PR RO compliance.
Still, yes, in many if not most SR cases, PR RO compliance tends to be a big part of what is being examined. But in many respects this is more focused on the accuracy, or the lack thereof, in what the PR has declared regarding PR RO compliance.
Make no mistake: if a PR claims 730+ days presence in Canada during the preceding five years, and IRCC questions whether that PR has in fact complied with the PR RO, the inquiry is at least to some degree about determining whether the PR has made misrepresentations.
It is not possible for a PR to
accurately declare 730+ days presence in Canada and for the same period of time not be in compliance with the PR RO. Thus, if an official at IRCC apprehends the PR is not in compliance with the PR RO, the official
must determine whether there is an innocent mistake or a material misrepresentation involved.
That is, in these cases, to question a PR's compliance with the PR RO necessarily entails questioning why it is the PR declared more days in Canada than it appears the PR was in Canada:
was it mistake or fraud?
Obviously, the first step in such an inquiry is to determine whether or not the PR's declarations are accurate, and if it appears possible they are not accurate, to determine the extent to which the PR's declarations appear to be inaccurate. But when there is a referral to SR,
(in many if not most such cases) it appears that IRCC has made a preliminary assessment indicating the possibility of a substantial inaccuracy, not merely a minor mistake, sufficient to warrant conducting inquiries or an investigation
independent of what information might be obtained from the PR. Thus there is often no request for additional documents, no Residence Questionnaire or its equivalent. IRCC conducts its inquiries or investigations, or makes referrals to CBSA or the RCMP to make inquiries or conduct an investigation, and eventually IRCC evaluates the PR and the PR's application.
Minor inaccuracies are likely to be deemed mistakes. No problem.
Otherwise, what then happens will depend on the extent of incongruities and discrepancies, particularly omissions, that IRCC has identified. Worst case scenario is an inadmissibility report for misrepresentation and loss of PR status. Criminal prosecution appears to be rare but it does happen.
In any event, once in SR the focus of inquiry is beyond merely assessing compliance with the PR RO.