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PR card transferred to local office for further investigation

MUSTAFACAN

Hero Member
Mar 14, 2011
301
27
Mustafa , what date did your application went to secondary review and what documents did the Hamilton office ask for ?
The date I don't know. I got email from Hamilton office on 29 June asking to send all pages of passport copies.
Documents reached them on 5 July. Till now no update.
 

mustafa8308

Newbie
Jul 24, 2017
7
0
I recieved this now :( they are asking for all of these proofs and evidences . why??



This letter concerns your application for a Permanent Resident Card. Subsection 28(1) of the Immigration and Refugee Protection Act describes the residency obligation that permanent residents must comply with. Section 56 of the Immigration and Refugee Protection Regulations states that a Permanent Resident Card application must include the addresses of all places of residence, as well as periods of absence from Canada, during the previous 5 years. In your Permanent Resident Card application, you provided information on your past places of residence and absences, that may present inconsistencies and/or you may not be in compliance with the residence obligation. To examine whether you are in compliance with the requirements to be issued a new Permanent Resident Card pursuant to paragraph 59(1)(c) of the Immigration and Refugee Protection Regulations, we request that you provide additional information for the period of May 10, 2011 to the present. Please submit the following documents:  A completed Questionnaire: Determination of permanent resident status (IMM 5511);  A detailed list mentioning each: ○ period of presence in Canada, ○ period of absence from Canada, ○ corresponding place of stay (address, country) for each absence from Canada, and ○ for each period, use the date format DD/MM/YYYY-DD/MM/YYYY.  Photocopies of all pages of all your past and current passport(s) - or travel document(s) - used to enter or leave Canada or other countries since May 10, 2011.  Any other document(s) supporting your physical presence in Canada since May 10, 2011.  Any other evidence that you have met the residency obligation (refer to Annex).  A description why you were not able to meet the residency obligation (if applicable).  A description of ties to Canada and level of establishment in Canada (if applicable).  A description of the extent of the hardship the loss of residency status would cause to you, your family members, and the best interests of any child directly affected by this decision (if applicable).  Supporting documents showing that there are compelling and compassionate factors in your personal circumstances that justify keeping your permanent resident status (if applicable). Please send the documents you wish to submit within 45 days of the date of this letter to: Immigration, Refugees and Citizenship Canada 55 Bay Street North Hamilton, ON L8R 3P7
 

dpenabill

VIP Member
Apr 2, 2010
6,436
3,183
I recieved this now :( they are asking for all of these proofs and evidences . why??
Take this seriously. Send a timely and responsive submission.

It is what it is. IRCC has concerns about the accuracy of the information you submitted or about your compliance with the PR Residency Obligation, or both.

As previously noted, between cutting-it-close and previously being in breach of the PR Residency Obligation, the prospect of a full blown formal Residency Determination could be anticipated.

Follow the instructions and provide all the information as best you can and do so timely. As long as you are currently living in Canada, particularly with a Canadian citizen spouse, and you timely send an accurate and responsive submission (for the Residency Determination questionnaire and requested documents), and so long as you have not made any misrepresentations to date, this should go OK.

The correspondence suggests the issue could involve suspected inconsistencies in the information you have provided, or previously provided. Review your records and what you have submitted. If you have submitted any significantly erroneous information before (any time before, not just in the PRC application), you may want to seriously consider consulting with a lawyer. For relatively small or minor inconsistencies, it should be OK to identify and acknowledge and correct them, with some explanation as to how or why the mistakes were made. But for any substantial discrepancy or inconsistency, anything which could be grounds for an allegation of misrepresentation, that needs to be more seriously addressed . . . for which it would be better to have a lawyer.

Note, for example, if there is a negative decision based on failing to meet the PR Residency Obligation, your Canadian citizen spouse could still sponsor you to become a PR again. If, in contrast, IRCC determines there was misrepresentation, that could result in being barred from Canada altogether for five years.
 

PHCA

Hero Member
Aug 1, 2017
231
33
Calgary, AB
LANDED..........
2011
I recieved this now :( they are asking for all of these proofs and evidences . why??



This letter concerns your application for a Permanent Resident Card. Subsection 28(1) of the Immigration and Refugee Protection Act describes the residency obligation that permanent residents must comply with. Section 56 of the Immigration and Refugee Protection Regulations states that a Permanent Resident Card application must include the addresses of all places of residence, as well as periods of absence from Canada, during the previous 5 years. In your Permanent Resident Card application, you provided information on your past places of residence and absences, that may present inconsistencies and/or you may not be in compliance with the residence obligation. To examine whether you are in compliance with the requirements to be issued a new Permanent Resident Card pursuant to paragraph 59(1)(c) of the Immigration and Refugee Protection Regulations, we request that you provide additional information for the period of May 10, 2011 to the present. Please submit the following documents:  A completed Questionnaire: Determination of permanent resident status (IMM 5511);  A detailed list mentioning each: ○ period of presence in Canada, ○ period of absence from Canada, ○ corresponding place of stay (address, country) for each absence from Canada, and ○ for each period, use the date format DD/MM/YYYY-DD/MM/YYYY.  Photocopies of all pages of all your past and current passport(s) - or travel document(s) - used to enter or leave Canada or other countries since May 10, 2011.  Any other document(s) supporting your physical presence in Canada since May 10, 2011.  Any other evidence that you have met the residency obligation (refer to Annex).  A description why you were not able to meet the residency obligation (if applicable).  A description of ties to Canada and level of establishment in Canada (if applicable).  A description of the extent of the hardship the loss of residency status would cause to you, your family members, and the best interests of any child directly affected by this decision (if applicable).  Supporting documents showing that there are compelling and compassionate factors in your personal circumstances that justify keeping your permanent resident status (if applicable). Please send the documents you wish to submit within 45 days of the date of this letter to: Immigration, Refugees and Citizenship Canada 55 Bay Street North Hamilton, ON L8R 3P7
Oh no!!! I read your letter thrice and it makes me nervous! Why are they asking for documents from 2011? I thought they only look at the past 5 years? And you had 1000 days in Canada..
 

HamiltonApplicant

Hero Member
Apr 3, 2017
488
122
Hamilton
Visa Office......
Munich, Germany
App. Filed.......
Jan 2007
Med's Request
Dec 2009
Med's Done....
Jan 2010
Passport Req..
Apr 2010
VISA ISSUED...
May 2010
LANDED..........
25-11-2010
I recieved this now :( they are asking for all of these proofs and evidences . why??



This letter concerns your application for a Permanent Resident Card. Subsection 28(1) of the Immigration and Refugee Protection Act describes the residency obligation that permanent residents must comply with. Section 56 of the Immigration and Refugee Protection Regulations states that a Permanent Resident Card application must include the addresses of all places of residence, as well as periods of absence from Canada, during the previous 5 years. In your Permanent Resident Card application, you provided information on your past places of residence and absences, that may present inconsistencies and/or you may not be in compliance with the residence obligation. To examine whether you are in compliance with the requirements to be issued a new Permanent Resident Card pursuant to paragraph 59(1)(c) of the Immigration and Refugee Protection Regulations, we request that you provide additional information for the period of May 10, 2011 to the present. Please submit the following documents:  A completed Questionnaire: Determination of permanent resident status (IMM 5511);  A detailed list mentioning each: ○ period of presence in Canada, ○ period of absence from Canada, ○ corresponding place of stay (address, country) for each absence from Canada, and ○ for each period, use the date format DD/MM/YYYY-DD/MM/YYYY.  Photocopies of all pages of all your past and current passport(s) - or travel document(s) - used to enter or leave Canada or other countries since May 10, 2011.  Any other document(s) supporting your physical presence in Canada since May 10, 2011.  Any other evidence that you have met the residency obligation (refer to Annex).  A description why you were not able to meet the residency obligation (if applicable).  A description of ties to Canada and level of establishment in Canada (if applicable).  A description of the extent of the hardship the loss of residency status would cause to you, your family members, and the best interests of any child directly affected by this decision (if applicable).  Supporting documents showing that there are compelling and compassionate factors in your personal circumstances that justify keeping your permanent resident status (if applicable). Please send the documents you wish to submit within 45 days of the date of this letter to: Immigration, Refugees and Citizenship Canada 55 Bay Street North Hamilton, ON L8R 3P7
Looks like you received the residency questionnaire, dpenabill provided you the possible reason that triggered this RQ, namely a possible breach of residency obligation when you returned to Canada later than three years after the first landing. Here's the good news: As spouse of a Canadian citizen, loss of residency could cause immense hardship, that is going work in your favor on humanitarian grounds!

I have applied for my first PR card in 2012, it also ended in Hamilton for a secondary review, took about six months in all! No RQ though...

As for your question about applying for US visa, you apply at Toronto like any other national; However, I would advise you not do that without a valid PR card. US consulate do ask for PR card as proof your residential ties to Canada; I had to present it when I applied for visitor visa last year...
 

PHCA

Hero Member
Aug 1, 2017
231
33
Calgary, AB
LANDED..........
2011
Looks like you received the residency questionnaire, dpenabill provided you the possible reason that triggered this RQ, namely a possible breach of residency obligation when you returned to Canada later than three years after the first landing. Here's the good news: As spouse of a Canadian citizen, loss of residency could cause immense hardship, that is going work in your favor on humanitarian grounds!

I have applied for my first PR card in 2012, it also ended in Hamilton for a secondary review, took about six months in all! No RQ though...

As for your question about applying for US visa, you apply at Toronto like any other national; However, I would advise you not do that without a valid PR card. US consulate do ask for PR card as proof your residential ties to Canada; I had to present it when I applied for visitor visa last year...
But I thought they only look at if you complete 730 days within the past 5 years?
 

HamiltonApplicant

Hero Member
Apr 3, 2017
488
122
Hamilton
Visa Office......
Munich, Germany
App. Filed.......
Jan 2007
Med's Request
Dec 2009
Med's Done....
Jan 2010
Passport Req..
Apr 2010
VISA ISSUED...
May 2010
LANDED..........
25-11-2010
But I thought they only look at if you complete 730 days within the past 5 years?
So did I! However the following excerpt from the letter OP received "Any other document(s) supporting your physical presence in Canada since May 10, 2011" indicates that CIC can demand supporting documents going beyond the past five years! The burden of proof lies with the applicant, that's the fact!
 

PHCA

Hero Member
Aug 1, 2017
231
33
Calgary, AB
LANDED..........
2011
So did I! However the following excerpt from the letter OP received "Any other document(s) supporting your physical presence in Canada since May 10, 2011" indicates that CIC can demand supporting documents going beyond the past five years! The burden of proof lies with the applicant, that's the fact!
If my PR card renewal will include evidence of residence in Canada for the past 2 years, do you think that will help? I am reading the Permanent Residency Status Determination and it says that if an applicant provides evidences of 730 days then officer is supposed to issue PRTD or PR card.
 

HamiltonApplicant

Hero Member
Apr 3, 2017
488
122
Hamilton
Visa Office......
Munich, Germany
App. Filed.......
Jan 2007
Med's Request
Dec 2009
Med's Done....
Jan 2010
Passport Req..
Apr 2010
VISA ISSUED...
May 2010
LANDED..........
25-11-2010
If my PR card renewal will include evidence of residence in Canada for the past 2 years, do you think that will help? I am reading the Permanent Residency Status Determination and it says that if an applicant provides evidences of 730 days then officer is supposed to issue PRTD or PR card.
Let me be clear to you, when you renew your PR card, you don't have to provide any proof of residence if you have 730 days Canadian residence. If CIC has some questions they will ask you to provide the proof residence such as utility bills, lease agreement, rent payment, etc
 

PHCA

Hero Member
Aug 1, 2017
231
33
Calgary, AB
LANDED..........
2011
Let me be clear to you, when you renew your PR card, you don't have to provide any proof of residence if you have 730 days Canadian residence. If CIC has some questions they will ask you to provide the proof residence such as utility bills, lease agreement, rent payment, etc
Yes I know but I would like to take the initiative of providing supporting documents and evidences to prove that I have been residing in Canada for the past 2 years. This way I am hoping that they won't have to put my application on secondary review considering I was away for years..
 

HamiltonApplicant

Hero Member
Apr 3, 2017
488
122
Hamilton
Visa Office......
Munich, Germany
App. Filed.......
Jan 2007
Med's Request
Dec 2009
Med's Done....
Jan 2010
Passport Req..
Apr 2010
VISA ISSUED...
May 2010
LANDED..........
25-11-2010
Yes I know but I would like to take the initiative of providing supporting documents and evidences to prove that I have been residing in Canada for the past 2 years. This way I am hoping that they won't have to put my application on secondary review considering I was away for years..
If you have gathered all the documents already, you are ahead of the game, No harm sending them; document gathering the toughest part, can be expensive too! Remember these magic words : "1095 days". If you have been away from Canada for more 1095 days during any 5 period since you became PR, there is a possibility of a non-routine processing and RQ.

Let me quote with the original post. If you read the statement "May 2011- June 2014. PR valid. not residing in Canada. 1130 days", you find a prima facie evidence of not meeting residency obligations and an anecdotal breach. Luckily for the OP, the breach was not detected and reported by border authorities, but it is now! Or at least that what it looks like...
 

PHCA

Hero Member
Aug 1, 2017
231
33
Calgary, AB
LANDED..........
2011
If you have gathered all the documents already, you are ahead of the game, No harm sending them; document gathering the toughest part, can be expensive too! Remember these magic words : "1095 days". If you have been away from Canada for more 1095 days during any 5 period since you became PR, there is a possibility of a non-routine processing and RQ.

Let me quote with the original post. If you read the statement "May 2011- June 2014. PR valid. not residing in Canada. 1130 days", you find a prima facie evidence of not meeting residency obligations and an anecdotal breach. Luckily for the OP, the breach was not detected and reported by border authorities, but it is now! Or at least that what it looks like...
Thank you, I am just confused why they look at 5 years since becoming a PR when it said in CIC website and PR Status Determination that they look at 5 years preceding application
 

HamiltonApplicant

Hero Member
Apr 3, 2017
488
122
Hamilton
Visa Office......
Munich, Germany
App. Filed.......
Jan 2007
Med's Request
Dec 2009
Med's Done....
Jan 2010
Passport Req..
Apr 2010
VISA ISSUED...
May 2010
LANDED..........
25-11-2010
Thank you, I am just confused why they look at 5 years since becoming a PR when it said in CIC website and PR Status Determination that they look at 5 years preceding application
I am just confused why they look at 5 years since becoming a PR
when it said in CIC website and PR Status Determination that they look at 5 years preceding application
Ans: Once the application becomes non-routine, rules of the game change, and chang drastically...
 
Last edited:

luic

Full Member
Feb 27, 2016
49
0
I recieved this now :( they are asking for all of these proofs and evidences . why??



This letter concerns your application for a Permanent Resident Card. Subsection 28(1) of the Immigration and Refugee Protection Act describes the residency obligation that permanent residents must comply with. Section 56 of the Immigration and Refugee Protection Regulations states that a Permanent Resident Card application must include the addresses of all places of residence, as well as periods of absence from Canada, during the previous 5 years. In your Permanent Resident Card application, you provided information on your past places of residence and absences, that may present inconsistencies and/or you may not be in compliance with the residence obligation. To examine whether you are in compliance with the requirements to be issued a new Permanent Resident Card pursuant to paragraph 59(1)(c) of the Immigration and Refugee Protection Regulations, we request that you provide additional information for the period of May 10, 2011 to the present. Please submit the following documents:  A completed Questionnaire: Determination of permanent resident status (IMM 5511);  A detailed list mentioning each: ○ period of presence in Canada, ○ period of absence from Canada, ○ corresponding place of stay (address, country) for each absence from Canada, and ○ for each period, use the date format DD/MM/YYYY-DD/MM/YYYY.  Photocopies of all pages of all your past and current passport(s) - or travel document(s) - used to enter or leave Canada or other countries since May 10, 2011.  Any other document(s) supporting your physical presence in Canada since May 10, 2011.  Any other evidence that you have met the residency obligation (refer to Annex).  A description why you were not able to meet the residency obligation (if applicable).  A description of ties to Canada and level of establishment in Canada (if applicable).  A description of the extent of the hardship the loss of residency status would cause to you, your family members, and the best interests of any child directly affected by this decision (if applicable).  Supporting documents showing that there are compelling and compassionate factors in your personal circumstances that justify keeping your permanent resident status (if applicable). Please send the documents you wish to submit within 45 days of the date of this letter to: Immigration, Refugees and Citizenship Canada 55 Bay Street North Hamilton, ON L8R 3P7

@Depnabill and seniors
1. It would be great if you shed some light as why CIC is going beyond the norm even though OP stayed more than 1000 days before he was ever detected?
2. Is CIC acting within the ACT? Don't you think that if they make negative determination, the OP can have recourse because he was not detected before he was back in compliance?
3. Have you come across a case law handling similar circumstances?
4. Was the OP caught in this RO determination because he acknowledged he was oout of Canada more than 1095 days?
Thanks for your clarification when you have some time..