PR Renewal - Urgent Help

[kami87]

Hi,
I have applied for urgent PR Card on April 1st 2011 as I am travelling in mid of May. The mistake I have done is that I apply for PR Card 15 days before completing 730 days. But my five years will complete on 20th May 2011 and now I have completed 747 days as of today.
They have updated last week that "We transferred your application to the local CIC office on April,26 2011. The local CIC office may contact you."

I have done alot of travelling in the last 5 years. I went back after 10 days of landing in May 2006 and then returned Canada in Jan 2009. Since then to date, I have been out of the country for 80 days. I think this is the reason they have transferred my file to local office.

Now please advise How long does it take for the local office to review urgent PR Card Applications?

Also will I get my PR card before travel date?

I was told it takes 4 weeks and I applied 6 weeks before my travel date.

If I go without PR Card in May am I taking risk?

Your advise will be highly appreciated.

 

[Leon]

Looks like they might want to do a residency questionnaire. You should contact your local office and ask what their timeline looks like. They will probably want to call you in and discuss your absences from Canada. I have heard of people waiting for an extra year under similar circumstances. If you leave without your PR card, you can apply for a PR travel document at a Canadian embassy to go back. If you are visa exempt, you may be able to enter with just your expired PR card and landing documents but you might have some explaining to do.

Keep in mind that it is not just the first 5 years you have to meet the requirements, it is any 5 year window after that so if you are planning on travelling as much in the future, you will continue to have the same problems.

The time it takes to get a PR card is about 6 weeks for a new PR but about 3 months currently for an existing PR applying to renew, you can see this at http://www.cic.gc.ca/english/information/times/perm-card.asp With a residency questionnaire, it will obviously take even longer.

 

[Alabaman]

Did you fill in less than 730 days in your application? If so then they might want to investigate further like Leon said.

Were any of your travels for work for a Canadian company? If so, you might be able to get credit for those days to make up for the 15 days you are missing in your application.

If your card is not ready by your travel date, a TD from a Canadian embassy might be the way to go. Remember though that you will have to also prove to the embassy that you met the 730 days obligation so take all your docs with you when you travel.

 

[Leon]

He does meet the 730 day requirements in his first 5 years. He just applied before his 5 years were up and didn't have it then.

 

[Alabaman]

He does meet the 730 day requirements in his first 5 years. He just applied before his 5 years were up and didn't have it then.

He said: "The mistake I have done is that I apply for PR Card 15 days before completing 730 days".

 

[Leon]

Yes, he did apply before he met the requirements but as he landed on May 20th 2006 and applied on April 1st 2011, he still had a chance to meet the requirements so they should renew his PR. Example, if your PR card gets stolen after 2.5 years as a PR and you apply for a new one at that time and you have only spent about a week in Canada, they must renew because you still could meet the requirements. They would however do an RQ just to make your life miserable (because you are a bad PR and aren't living in Canada).

Persons who became permanent residents of Canada less than five years prior to the date of receipt of the application are governed by A28(2)(b)(i). This subsection of the Act allows new permanent residents to qualify under the residency obligation provided that they can potentially meet the 730-day criteria during the first five-year period immediately after their arrival in Canada.
Even if a person resides away from Canada for up to three years following the date of first arrival
in Canada, that person will retain permanent resident status as long as they still have the
possibility of complying with the 730-days-in-Canada rule

 

[kami87]

Hi Leon and Alabaman,

Thank you very much for your replies.

Leon you are right I have completed now 748 days and still 18 more days left in first 5 Years completion. Also because I completed all the days from 2009 up till now (Only out for 80 days in this period). If I now go out of country, I will meet the residency requirements in the next five year period as well.

I have contacted the local office and they said that as you have done lot of travelling an interview is required and you need to wait 6 months or more as we have thousands of cases like this.

I asked the local office, if I go out of Canada and then apply for travel document, Can they reject my Travel Document. He said that if you can proof that you were in Canada for 730 days then he should give you a visa but it's up to the immigration officer.

My Question is Can they reject my travel document even If I meet the residency requirements? Is it Safe to go outside Canada in this situation?

I am taking with me my Credit Card Statements/Mobile Phone Bills and Gym Membership. The Credit Card Statements show continous transaction from beginning of 2009 up till now. Is this enough proof?

I have done only contact employment from home for the past 1 year in Canada and didnt make much money. But I had a source of income from outside Canada and I did declare everything in my taxes.

Your responses will be highly appreciated.

 

[Leon]

I don't think they can refuse you a travel document or if they do you can appeal it.

Having stayed 2 years now will buy you 3 years of outside time and if you spend that much outside, you will need to stay for 2 years again afterwards. They are not set 5 year periods one after the other. After you are a PR for 5 years already, it is any 5 year window from any date to any other date.

 

[kami87]

Hi Leon,

Thank you for your quick reply.

What is the appeal procedure and Can they reject in appeal as well?

Also please let me know what they ask in residency questionnaire/Interview?

 

[Leon]

If you can prove that you meet the requirements, you have nothing to worry about. In the interview, I suppose you have to go through your travel history, show your passport stamps and show what proof you had that you were living in Canada. Aside from credit card statements, you can try to think of other things, utility bills and if you have been to the doctor and/or dentist during the 2 years, you might get them to write you letters stating you came to see them on such and such dates. Doctors and dentists are considered a bit better than the average person to write such a letter.

 

[kami87]

Hi All,

I am still waiting for my PR Card. I spoke to call centre agent 2 or 3 times in the past few days. 1 call centre agent advised me not to leave the country when your residency is under review and it can take up to 9 months. I spoke to Call center agent again yesterday and she said its in process and it can take up to 1 year. I am getting confused and worried. Why its taking so much time. Can somebody share similar experience.

I have already completed around 780 days.

 

[Alabaman]

So you never even went to pick up? What CIC office is handling your case? Maybe you should try talking to your MLA... I hear it works sometimes.

 

[kami87]

No I went to local office (St Clair) in April and asked the officer at reception to please consider my case but the officer said you have done lot of travelling and you need to attend interview and we have thousands of cases like this so you need to wait 6 months or more. I asked him can I travel, he said its up to the immigration officer to give you travel document.

I did travel in May but returned Canada 4 days before my PR card expiry date.

I don't have plans for immediate travel but if I need to go to my home country in emergency as I have old parents living on their own then I can be in trouble and I don't feel good living with out complete immigrtation documents and get frustrated.

Alabaman, could you please tell me more about MLA, where to contact etc...

 

[Alabaman]

Alabaman, could you please tell me more about MLA, where to contact etc...

I guess you live in ON. So look at the web links below and find who represents you at the Federal and Provincial levels. You give them a call and explain your situation.

Member of Provincial Parliament: http://www.ontla.on.ca/web/members/members_current.do?locale=en
Member of Federal Parliament: http://www.parl.gc.ca/MembersOfParliament/MainMPsCompleteList.aspx

Not sure if it will change anything but it might be worth the try. I have a friend who claimed to have done same thing in the past and he said it worked. Keep us posted.

 

[kami87]

Hi Leon/Alabaman and other experts,

Could you please tell me what they ask in residency questionnaire?

waiting for your earliest reply