PR renewal delayed at Ottawa local office for almost a year !!

[gass 1]

Hi,
I applied to renew my PR card on Jan 2012 and later on it was sent to Ottawa local office,almost a year waiting,I applied for personal information on my profile they sent me a copy of my application with an indication "to review",it doesn't help ..My question is :
1-should I involve a lawyer to get all the infos that was obstructed to understand my situation .
2-any physical visit to the local office in ottawa could help .

I feel frustrated waiting with no any reply from CIC ..with your experience is it normal a delay of almost one year to renew a pr card?
please help me .

 

[Msafiri]

Did you have 730 days of physical presence in Canada in the 5 years prior the date you applied for PR Card renewal?

 

[gass 1]

Yes I have 730 days plus I applied for citizenship on March.

 

[Msafiri]

1. What notes did you ask for FOSS/GCMS? Are you saying you got information back but some is redacted/ blocked out?

2. Do you have conclusive evidence of the pyhiscal residence that you are claiming for both PR Card renewal and citizenship e.g do you work in Canada and have you filed taxes?

3. Do you have travel periods outside canada during this time especially to the US?

4. Local officers no longer have a walk in option. You need to have an appointment and CIC do this if they need to see you.

I'm trying to build up a picture of why there may be a delay.

 

[wilbur71]

I'm reading this topic with interest.

Msafiri: could I ask what difference it makes if there are trips to the US? I ordered my travel records from the CBSA in preparation for my application for PR Card renewal, and there is a complete and record of all my entries into Canada after trips to the US. Is there any reason that US travel is flagged?

 

[Msafiri]

I'm reading this topic with interest.

Msafiri: could I ask what difference it makes if there are trips to the US? I ordered my travel records from the CBSA in preparation for my application for PR Card renewal, and there is a complete and record of all my entries into Canada after trips to the US. Is there any reason that US travel is flagged?

1. Travel between the US and Canada in particular for land border crossings is not always captured in travel documents on the US side (rare) or on the Canadian side (more likely) in particular for PRs.

2. For this reason travel via the US has in the past been used to hide absences from Canada so that applicants can retain PR and/or apply for Citizenship without actually being present in Canada. CIC are focused on this so the loophole is not used much any more epecially as CIC will often RQ anyone with 'undeclared' US/Canada entries. CBP/CIC now share much more data than previous.

3. I suggest that travellers request (politely) for a passport stamp at entry into Canada if CBSA don't issue one. This may not always be possible e.g for Nexus so the CBSA travel record request would be useful to show such entry was recorded.

 

[wilbur71]

Thank you, Msafiri. Your reply is very helpful. In my case, my travels to the US have been exclusively by air, and I've used my Nexus card ever since I received it in 2009. In sum, all my absences can be accounted for, and I have over 1000 days of physical presence here in Canada.

But I'd be interested in hearing about gass 1's particular case. So sorry that there has been such a delay!

 

[gass 1]

Yes I asked for the personal infos and some were blocked out,I paid my taxes continuously from 2009 till now,I have the physical evidences of my permanent residency etc...I m asking if an immigration lawyer could make any difference or I should wait for CIC answer..
thank you

 

[Msafiri]

Sure get your lawyer involved...he/she will probably start off by asking for the GCMS notes so give them what you have to save time.

Waiting for CIC is an unknown - a recent Federal Court case indicates reviews such as yours are around the 18 month timeline.

The challenge for your lawyer will be to demonstrate a refusal as there hasn't been one yet so it will be a case of compelling CIC to decide something faster. This is the same problem faced by citizenship applicants...as things stand it appears that only a writ of mandumus will compel CIC to resolve processing timelines.

 

[gass 1]

Thanks a lot Msafiri,I will definitely consult a lawyer,I ll appreciate if you know a good cabinet in Ottawa.

 

[Msafiri]

Jsut make sure your lawyer is in good standing with the relevant association. If you check case law on the Federal Court site it will show lawyers who have appeared and won cases.

I still think it will be a difficult one to win because CIC has not denied your PR card application so what would be the basis of your lawyers arguement? Your lawyer will be trying to get CIC to process it faster and its hard to convince the judge why your case should be expedited beyond the regular 'review' timelines.

Playing devil's advocate here - why did you need a PR Card? Do you have travel plans? Are you visa exempt to Canada or do you currently hold a valid US visa?

 

[gass 1]

thank you Msafiri

 

[Moe...]

Yes I have 730 days plus I applied for citizenship on March.

Hi gass 1 my case is very similar to yours. Regarding my PR Card renewal, i have applied in Feb 2013. I submitted the file to Sydney, NS then got transferred to Hamilton, ON office now to Ottawa office. I am very worried as to what is happening with my PR Card renewal application. I called the CIC agent today who told me that it can take 36 months of processing time.

Can you please let us know whats happening in your case. Thank you.

 

[purple shark]

Moe, did you get a questionnaire?

 

[Moe...]

Moe, did you get a questionnaire?

Hi purple shark, No i did not get questionnaire. How many days you have been in Canada in the last 5 yrs from the date Sydney received your application? My file moved from Sydney to Hamilton and now in Ottawa office. I wonder why they sent it to Ottawa office.