Record of Landing (IMM 1000) is not accepted? What's up with that?

[Zhoozha]

Please help.

I'm a permanent resident landed in 2002, got my IMM-1000 and my PR Card upon arrival. The PR card expired in 2007, I never bothered to renew until October 2013 because I was planning a trip abroad in 2014. Never left Canada. Got my 2nd university degree here, starting a job in December. Now...my profession is regulated so I have to register with a provincial body in order to get my licence. Sent in a copy of IMM-1000 with my application and they tell me they will not accept IMM-1000, they need a PR card as a proof of residency! No one refused IMM-1000 before... What's up with this? Is it even legal? A PR card is not mandatory unless one wants to travel abroad, I thought? How do I argue with them? Is there a piece of regulations I can provide a reference to?

Thanks in advance!

 

[Leon]

Immigration does not require it if you are in Canada.

You can find this here: http://www.cic.gc.ca/english/resources/manuals/enf/enf27-eng.pdf

Page 11:

IRPA does not require permanent residents in Canada to hold a PR card nor to have one
when they present themselves at a port of entry.

Accordingly, officers at ports of entry may allow entry into Canada of permanent residents
whose status can be established through a variety of other means. Nevertheless, as per
A31(2)(a), persons who present a valid PR card at a port of entry are presumed to have
this status, unless an officer determines otherwise.

Page 12:

While the PR card is not a mandatory document within Canada, it is necessary should a
permanent resident travel outside Canada using a commercial transportation company.

In the absence of evidence to the contrary, a permanent resident without a PR card
outside Canada is deemed to be a foreign national. Transportation companies that
screen persons boarding Canada-bound carriers require all passengers to be in
possession of one of the documents prescribed in R259:

 

[Msafiri]

Although the PR Card was mean't to be a status document for travel its slowly becoming the required proof of PR Status by many government organization as well as private business. This is know as function creep e.g. BC requires a valid PR Card to issue a DL. Your choices are to either:

1. Comply and get a PR Card.
2. Appeal the rejection of the IMM1000 on the basis the PR Card is only required for travel as per the Enforcement Manuals.

The IRPA more or less supports the 'function creep' by referring to the PR Card as a status document that is presumptive of status upon presentation. I suspect this is why the regulating authority went with the PR Card requirement (in addition to it being photo ID).

An appeal will be aided by reference to the relevant regulating authority's own act and regulations.

 

[Zhoozha]

Thank you so much, Leon and Msafiri,

I emailed the College yesterday asking for an appeal. Now, if they decide to be jerks and decline, are they breaking a law of sorts? Is there anything else I can do? My PR card is currently being processed but as we know it takes 80+ days and I don't have this kind of time. I have signed my job contract already assuming IMM-1000 is all I need for status confirmation (which has always been the case); I'll lose my job if I have to wait another 3 months to get my license. This is frustrating. The College does not state explicitly what they accept as a proof of residency, all they say is 'proof is required' unless there is some internal directive I have no access to.

 

[Leon]

Thank you so much, Leon and Msafiri,

I emailed the College yesterday asking for an appeal. Now, if they decide to be jerks and decline, are they breaking a law of sorts? Is there anything else I can do? My PR card is currently being processed but as we know it takes 80+ days and I don't have this kind of time. I have signed my job contract already assuming IMM-1000 is all I need for status confirmation (which has always been the case); I'll lose my job if I have to wait another 3 months to get my license. This is frustrating. The College does not state explicitly what they accept as a proof of residency, all they say is 'proof is required' unless there is some internal directive I have no access to.

I can not tell you if they are breaking a law or not. You might have to sue them to find out but you could have a word with them and show them the links to immigration stating that a PR card is not necessary in Canada and suggest to them that they are breaking a law by asking for one. Who knows, it might be enough to persuade them to accept your IMM-100.

 

[Aspat]

Hi Zhoozha

I hope you've sorted out your problems with your college.

In the meanwhile, I am also interested in finding out the status of your PR application as there are plenty of people who've let their PR cards expire for various reasons without renewing them. Interested in knowing if renewal is a smooth process provided you meet the 730 days RO in the past 5 years.

Thanks.

 

[Msafiri]

Thank you so much, Leon and Msafiri,

I emailed the College yesterday asking for an appeal. Now, if they decide to be jerks and decline, are they breaking a law of sorts? Is there anything else I can do? My PR card is currently being processed but as we know it takes 80+ days and I don't have this kind of time. I have signed my job contract already assuming IMM-1000 is all I need for status confirmation (which has always been the case); I'll lose my job if I have to wait another 3 months to get my license. This is frustrating. The College does not state explicitly what they accept as a proof of residency, all they say is 'proof is required' unless there is some internal directive I have no access to.

What does their regulatory authority state in relation to a failed appeal? Ultimately you would need to take this to the courts if it wasn't resolved to your satisfaction = time and money especially as its an apparent dual/crossover of immigration and employment law!