sammy_2401 said:
Msafiri,
Can you please elaborate, I do not know what you mean by - 'Until legislation kicks in the default positions of either a 5 year card or 1 year validity'.
Regards.
1. CIC issue either a 5 year validity card or a 1 year validity card (if PR is under sec 44 report but hearing not finalized before the IAD/FC).
2. It seems thousands of PRs if this forum is anything to go by apply for PR Card renewal at/with just over 730 days of the RO. With urgent processing you could get your PR Card at day 750 get on a flight back to the Gulf (which seems to have many PRs playing the RO roulette due to the financial benefits), EU, Africa etc and within 20 days of your departure you are back in breach but have the insurance of a 5 year validity card to give you a chance to play 'Will I' or 'Won't I' sneak past the POE.
3. My take is that CIC are effectively bouncing PR renewals in scenario 2 by taking a more detailed examination of urgent processing requests and classifying them as non urgent with this being easiest if you are not in full time employment which makes it more difficult for the PR's decalred dates to be provable. If CIC could issue say 1 year validity PR Cards to any PR not just those under report they could decide to process the 'shaky/borderline' application.
4. What CIC ought to do is better enforce the RO but this requires CIC to capture/PRs to provide their departure data. For example a US Green Card approach where if you are outside the US less than 6 months and show up at the border with your GC then CBP have the burden of proof to show you have abandoned LPR whereas if you show up at the border with more than 6 months absence the burden of proof of not intending to abandon is on the LPR.