Renewal PR Card - Situation B

[EdinSC]

Good morning,

I am Canadian citizen and my wife has had a PR Card since 2005. We let her card expire when we moved back to the US in 2013 for my employment opportunity not knowing that Situation B allows that every day she is with me outside the country is counted as a day in Canada.

We have applied for a PR Card and PR Travel Document knowing that we will have to return to Canada to pick up the card when it is issued.

The PR Travel Document was approved and issued quickly. We sent her passport in and they entered the Travel Visa. There was however no indication of progress on the PR Card renewal application itself. We submitted a webform that was answered and they said they had all of the documents and her file was in process. We sent another later and were told to be patient. So now three months + later we sent another which says they have no record of an application.

I looked for a number we can call to talk to someone about this and the only one I found for outside Canada is 1-613-944-4000. We called that number and they state clearly after going through the menu that they do not deal with PR Card application and that if there is an issue submit a webform. We have submitted three.

Now I am questioning whether we should have submitted as if we were in Canada because we meet the residency requires via Situation B. Otherwise we can re-submit as if outside Canada and go through the same exercise again.

She has lived with me in Canada twice and we have been married for 21 years.

Anyone have any insights or a number that can be used to talk to a real person in IRCC that can assist in navigating this?

We are in Trump hell and we want to be able to move back to Canada if it gets too crazy here.

Thanks in advance,

EdinSC

 

[scylla]

Good morning,

I am Canadian citizen and my wife has had a PR Card since 2005. We let her card expire when we moved back to the US in 2013 for my employment opportunity not knowing that Situation B allows that every day she is with me outside the country is counted as a day in Canada.

We have applied for a PR Card and PR Travel Document knowing that we will have to return to Canada to pick up the card when it is issued.

The PR Travel Document was approved and issued quickly. We sent her passport in and they entered the Travel Visa. There was however no indication of progress on the PR Card renewal application itself. We submitted a webform that was answered and they said they had all of the documents and her file was in process. We sent another later and were told to be patient. So now three months + later we sent another which says they have no record of an application.

I looked for a number we can call to talk to someone about this and the only one I found for outside Canada is 1-613-944-4000. We called that number and they state clearly after going through the menu that they do not deal with PR Card application and that if there is an issue submit a webform. We have submitted three.

Now I am questioning whether we should have submitted as if we were in Canada because we meet the residency requires via Situation B. Otherwise we can re-submit as if outside Canada and go through the same exercise again.

She has lived with me in Canada twice and we have been married for 21 years.

Anyone have any insights or a number that can be used to talk to a real person in IRCC that can assist in navigating this?

We are in Trump hell and we want to be able to move back to Canada if it gets too crazy here.

Thanks in advance,

EdinSC

She technically needs to be physically in Canada to submit the application to renew her PR card. This may be the reason for the delay (also possible the application may be refused for this reason). It's also normal for applications to take longer in instances where someone is trying to claim time outside of Canada towards the residency obligation. I assume you submitted evidence to support this.

That's the only outside of Canada number I'm aware of. Wait for others to comment.

 

[EdinSC]

Thank you for responding.

So are you suggesting we actually have to be back living in Canada with an address there before she can submit an application?

 

[scylla]

Thank you for responding.

So are you suggesting we actually have to be back living in Canada with an address there before she can submit an application?

No, not necessarily.

If you look at the instructions guide, it specifically states that one of the eligibility criteria to apply is "be physically present in Canada". Your wife didn't meet that requirement when she applied. It doesn't say living in Canada. The right way to have done this is to have taken a short trip to Canada and to have submitted the application while on that visit. They may still process the application. However technically your wife didn't meet the eligibility requirements when she submitted the application.

 

[EdinSC]

Thank you Scylla for your help. I apologize if I come across as thick. By the way, I was born and raised in Kingston.

This is interesting. When we applied I assumed that the travel doc was to enable us to go to Canada to pick up a renewal card. Your suggestion is that it was to enable us to travel to Canada to submit an application and then later to pick up a renewal card at a Visa center. Am I interpreting you correctly?

So more questions if you will indulge me:

1. Should we decide to do so, would we then travel to Canada and log on somewhere and submit as being "in Canada"?
2. We would have to then return to the US and await the decision and issuance of a new card. Is that a problem or would we be expected to wait in Canada until we receive a new card?
3. Would you have expected that the application we submitted would have been denied as 'ineligible' rather than them saying it simply cannot be found?

Thank you for your advice and opinion.

Ed

 

[canuck78]

Thank you Scylla for your help. I apologize if I come across as thick. By the way, I was born and raised in Kingston.

This is interesting. When we applied I assumed that the travel doc was to enable us to go to Canada to pick up a renewal card. Your suggestion is that it was to enable us to travel to Canada to submit an application and then later to pick up a renewal card at a Visa center. Am I interpreting you correctly?

So more questions if you will indulge me:

1. Should we decide to do so, would we then travel to Canada and log on somewhere and submit as being "in Canada"?
2. We would have to then return to the US and await the decision and issuance of a new card. Is that a problem or would we be expected to wait in Canada until we receive a new card?
3. Would you have expected that the application we submitted would have been denied as 'ineligible' rather than them saying it simply cannot be found?

Thank you for your advice and opinion.

Ed

Believe the application specifically asks you to confirm that you are applying from Canada. If you either misrepresented your location or selected no would probably withdraw and reapply while in Canada. You can literally cross the border for a day and file and return home if you want.

 

[armoured]

Thank you for your advice and opinion.

What is the validity length of the PRTD?

I have a slightly different opinion on this: unless you have some identified urgency for needing the PR card, I would just leave the application in process. Any application in your circumstances is likely to take some months.

I think chances are they are not being picky about where it was submitted (just a guess, I admit), and that they're slow-walking this because it's complicated. Eventually you'll hear from them, and a decent chance it will come out as a 'pick-up card' message asking her to come to an office. Then she goes and picks it up. (Or it will get sent to whatever address you gave). If it gets refused because not filed while in Canada - deal with it then (although again, I think unlikely - see my caveat about guess above).

With the PRTD she can travel freely and if you decide to move back sooner, deal with it then. But she will be allowed in, likely with a few questions, and she'll just explain she resides with citizen-spouse and planning to return [soon or whatever.]

This does leave one set of complications if you arrive on a PRTD for her, which is that getting health care and driver's license and a few other things might be a bit delayed.

 

[EdinSC]

Thank you all for your help and advice.

The travel document was issued Dec 12, 2024 and is good for a year.

So, I think it will probably be our plan to

1. go to Detroit and cross to Windsor there (we live in SC)
2. in doing this we will have crossed the border and used her travel document
2. find a library or other place where we can log on and submit an application
4. load up on Coffee Crisp and President's Choice Chocolate Chip Cookies
5. return to the US and await a decision.

Any issues or good plan???

Thanks,

Ed

 

[armoured]

Any issues or good plan???

What are you trying to achieve? You can both move to Canada tomorrow with your existing documents. What are you waiting for?

I don't mean to imply you should pick up and move tomorrow - my point is, literally, what are you waiting for? You don't technically need the PR card to move.

 

[EdinSC]

What are you trying to achieve? You can both move to Canada tomorrow with your existing documents. What are you waiting for?

I don't mean to imply you should pick up and move tomorrow - my point is, literally, what are you waiting for? You don't technically need the PR card to move.

We haven’t finalized any of the decisions yet but I would like to get this piece behind us.

 

[canuck78]

Assume given how long you have been married access to healthcare may be a factor which is why having a valid PR card may be an important factor. You will still need to do your research before moving to see if there is a wait time to qualify for healthcare in the province. Also if you have no concrete plans why not reapply within Canada and aren’t worried about filing issue so you have things in place when/if you want move.

 

[EdinSC]

It would be an easy thing to wait and we may do that. It will be Ontario or BC and it is I think a three month wait in either.

 

[armoured]

We haven’t finalized any of the decisions yet but I would like to get this piece behind us.

Thing is, I'm not sure that filing a new one will speed things up; and, I believe you have to withdraw your existing app (not sure).

 

[armoured]

It would be an easy thing to wait and we may do that. It will be Ontario or BC and it is I think a three month wait in either.

Ontario currently has no waiting period, once you've moved you can apply and get immediate coverage (if you have requisite docs, etc). Each province slightly specific about what docs needed. I believe BC is most strict, QC easiest, Ontario somewhere in between.

Main thing is when you apply in Ontario, you're stating that you will be in Ontario 151 of next 181 days (or some figures like that), i.e. you are 'there to stay' for coming six months. They can go back after if you're not and try to claw back.

As I've said above: not clear to me that your drive up to Windsor and apply plan will speed things up. Maybe.

 

[EdinSC]

Thing is, I'm not sure that filing a new one will speed things up; and, I believe you have to withdraw your existing app (not sure).

The issue is that after having been submitted almost four months ago IRCC tells us that there is no record of an application. So it would seem that one way or another if we want to get her status reinstated we have to submit another one at some point.