Renewal of PR card

[aventurado]

Hello everybody,

this is regarding my father.he had a PR card when he went to Canada in JAN 2009.it was about to expire in FEB 2009.before that he was there in Canada for nearly 6 to 8 months.(which is way below the PR obligation .ie. 750 days).

Now he is there in Canada for nearly 1 year and 6 months.he is working there in Canada in a big firm.his health card is extended to another 15 years.he is paying taxes to government.

all this is happening without his PR card which is under renewal process for the past 1&1/2 year .he is waiting for the getting his renewed PR card.meantime he got a letter from immigration office for not meeting the PR obligations of 750 days.he was told to argue his side with a lawyer.

now what u think of this case.

Questions:
1.Will my father get his card renewed ?
2.What my father supposed to do with the letter from immigration ?
3.How long it will take for the renewal of the card?

any other advices from your side.
plz advice.

 

[Alabaman]

Your timeline is not very clear. When did your father submit an application for renewal of his PR card? After staying in Canada for 8 months?

 

[Leon]

There is no guarantee that he will get his card renewed. When he applied to renew it without meeting the residency requirements of 730 days he basically alerted immigration to his status. He might as well have come to the CIC office, handed in his PR card and said "Here I am, I don't meet the residency requirements, what are you going to do about it.".

Because immigration is slow, it has taken then 1.5 years to get to the point of sending him a letter and telling him that he doesn't meet the residency requirements and that he can argue his case of why they should let him keep his PR. Does his have a wife and children in Canada? If so, he might be able to argue the point that it will affect his family and that they will just sponsor him back anyway.

The correct thing in yours fathers situation when he came back to Canada 1.5 years ago would have been not to apply to renew the PR card right away but to wait until he would meet the residency requirements again (730 days) and then apply. If he had done that, he would not have alerted CIC to his situation and their own rules say that they are not allowed to go further back than 5 years into the past from the day you applied. Since he's applied too early, they are allowed to consider that he had already lost his PR so that was his mistake.

 

[aventurado]

Your timeline is not very clear. When did your father submit an application for renewal of his PR card? After staying in Canada for 8 months?

hello,

my father submitted an application for renewal on JAN 25,2009.

 

[aventurado]

There is no guarantee that he will get his card renewed. When he applied to renew it without meeting the residency requirements of 730 days he basically alerted immigration to his status. He might as well have come to the CIC office, handed in his PR card and said "Here I am, I don't meet the residency requirements, what are you going to do about it.".

Because immigration is slow, it has taken then 1.5 years to get to the point of sending him a letter and telling him that he doesn't meet the residency requirements and that he can argue his case of why they should let him keep his PR. Does his have a wife and children in Canada? If so, he might be able to argue the point that it will affect his family and that they will just sponsor him back anyway.

The correct thing in yours fathers situation when he came back to Canada 1.5 years ago would have been not to apply to renew the PR card right away but to wait until he would meet the residency requirements again (730 days) and then apply. If he had done that, he would not have alerted CIC to his situation and their own rules say that they are not allowed to go further back than 5 years into the past from the day you applied. Since he's applied too early, they are allowed to consider that he had already lost his PR so that was his mistake.

hi Leon,
i think the situation looks bad.
what my father need to do now?

recently he even received a tax waiver of $1500 from the government.
health card card go renewed for another 15 yrs.

regarding the lawyer.is it worth enough to argue his case in court?any chance?
is there any possibility to getting his PR card Back?

mean time my mother wants to visit my father.she has a plan to stay in canada for 3 to 4 months with my father.is it possible for her to go to canada now?

 

[Leon]

He might want to talk to a lawyer about his next step. If they cancel his PR, he can appeal on humanitarian grounds. If he doesn't really have humanitarian grounds for staying away that long, at least it will buy him a little time. Maybe he lawyer has other ideas. If they cancel his PR and he must leave, he may be able to apply for it again. Certainly if he's been working a skilled job for the past 2 years, he would qualify to apply under Canadian Experience class.

If your mother wants to visit, she can apply for a visit visa if she needs one. She might get it or she might not. It does not really have to do with his PR status. Spouses of PR's and citizens are often denied a visit visa but it depends on the embassy, how well she can convince them that she will go home after her visit.

 

[21685]

dear Leon how many days it will take for PR renewal for example if a person came to Canada for renewal by taking one month leave is it enough for him to complete the renewal formalities.

 

[Leon]

PR card renewal currently takes 193 days, see http://www.cic.gc.ca/english/information/times/canada/process-in.asp#pr_card so that is more than 6 months.

Only the first PR card it mailed to your address. After that, they will only send you a letter to come and pick it up at the CIC office in your town (in Canada).

It is possible that you could get away with applying for a PR card while in Canada, then leaving again but be ready to travel back when they send you the letter to pick up. If your old PR card is then expired, you would have to apply for a travel document at the embassy to get back to Canada. If they were to find out that you are not in Canada while they are processing your PR card renewal, it is possible that they will stop the processing.

It is also possible if you apply for a new PR card as you arrive in Canada and request urgent processing due to your need to travel in a month (send a copy of plane ticket) that you would be able to get it within a month. No guarantees though.

 

[csekar]

Hello everybody,

this is regarding my father.he had a PR card when he went to Canada in JAN 2009.it was about to expire in FEB 2009.before that he was there in Canada for nearly 6 to 8 months.(which is way below the PR obligation .ie. 750 days).

Now he is there in Canada for nearly 1 year and 6 months.he is working there in Canada in a big firm.his health card is extended to another 15 years.he is paying taxes to government.

all this is happening without his PR card which is under renewal process for the past 1&1/2 year .he is waiting for the getting his renewed PR card.meantime he got a letter from immigration office for not meeting the PR obligations of 750 days.he was told to argue his side with a lawyer.

now what u think of this case.

Questions:
1.Will my father get his card renewed ?
2.What my father supposed to do with the letter from immigration ?
3.How long it will take for the renewal of the card?

any other advices from your side.
plz advice.

 

[csekar]

Hi members

My case is also similar to the one in discussion. We were issued PR card on 23rd September 2006. Our card will expire on 23rd September 2011. We stayed there in canada for 7 days after issue of the card. We never went back to canada after that. Now we ( myself my wife & son) would like to migrate to canada with one year balance. I need answers for the following questions

1. Will there be any issues when i pass the immigration in Canada

2. When should we apply for renewal

3. I am an US CPA by profession. Will it make any difference?

4. Will our applciation be refused?

5. Can we stay back after the PR date is over and while the PR application is in renewal?

Please answer me as I need to be sure that this can work.


Regards

R.Chandrasekar

 

[Leon]

1. Will there be any issues when i pass the immigration in Canada

There could be issues. If they ask you how long you have been outside Canada and you tell them, they may start proceedings to revoke your PR because you did not meet the residency requirements.

2. When should we apply for renewal

If you don't have issues entering Canada, you should not leave Canada nor apply for a renewal until you meet the residency requirements again. That is after 730 days.

3. I am an US CPA by profession. Will it make any difference?

No.

4. Will our applciation be refused?

If you have issues at the border, they might start proceedings to revoke your PR. You will have 30 days to appeal. If you have no mitigating circumstances for why you did not meet the residency requirements, you will likely lose your PR. If you get in without issues but apply to renew your PR card before you meet the residency requirements again, you could still lose your PR.

5. Can we stay back after the PR date is over and while the PR application is in renewal?

You can stay in Canada after your PR card has expired. There is no law in Canada that says you have to have a valid PR card at all times.

 

[kcjk]

Hi Leon and the rest

As I am going to renew my PR, I need help and your advice.

1) Do I need to photocopy all pages of my passport including BLANK pages and those pages of the stamps which are dated way before the 5 years period because they are all in the same passport or I can leave those out?

2) As for the translation of wordings not in English on the passport, all I need is to translate those within the 5 years period and LEAVE OUT those beyond the 5 years even though they are on the same passport?

3) Do I need to photocopy the pages with stamps in COLOR?

4) Can I photocopy the passport pages on DOUBLE-SIDED to reduce the pages?

5) If I have stayed in Canada for more than 730 days from the day of landing till the time I apply for the renewal, I DO not need to fill up section D – Residency Obligations, right?


Thanks. Advice is very much appreciated.
kc

 

[Leon]

Hi Leon and the rest

As I am going to renew my PR, I need help and your advice.

1) Do I need to photocopy all pages of my passport including BLANK pages and those pages of the stamps which are dated way before the 5 years period because they are all in the same passport or I can leave those out?

2) As for the translation of wordings not in English on the passport, all I need is to translate those within the 5 years period and LEAVE OUT those beyond the 5 years even though they are on the same passport?

3) Do I need to photocopy the pages with stamps in COLOR?

4) Can I photocopy the passport pages on DOUBLE-SIDED to reduce the pages?

5) If I have stayed in Canada for more than 730 days from the day of landing till the time I apply for the renewal, I DO not need to fill up section D – Residency Obligations, right?


Thanks. Advice is very much appreciated.
kc

1) In the instruction guide, it says all the pages of all your passports for the past 5 years.

2) I would have all of them translated. You may get away with only having the ones for the past 5 years translated, however, the instructions don't specify so it could also happen that they will see your application as incomplete without all the translations.

3) It doesn't say that they have to be in colour, just legible.

4) I would not go with double sided.

5) As it says on the application form, they ask if you have been outside Canada for 1095 days or more in the past 5 years. If you have not, you don't have to fill out that section.

 

[21685]

Mr Leon persons who complete 730 days early, can he apply for PR renewal before the date of expiry, if yes than how many days or months before he can one go for renewal.

 

[Leon]

Mr Leon persons who complete 730 days early, can he apply for PR renewal before the date of expiry, if yes than how many days or months before he can one go for renewal.

You can apply to renew your PR card max. 180 days before it expires. If you apply earlier than that, they will not process your application.