Residency Questionnaire (IMM 5511) after PR card APPROVAL

[robertonnj]

Hi All,
I was wondering if anyone has ever come across a similar situation to mine:
-I applied for a PR card renewal, the file went into secondary review but then the application was quickly APPROVED.
-The card was printed and sent to the local office
-For 8 months (!!!) the local office did not communicate with me, no card pick up invitation letter, nothing...
-Now they sent me a Residency Questionnaire, asked for a copy of my passport and docs supporting my presence in Canada. They also state that they now have 180 days to assess my residency...

I really do not understand it. In the meantime, I received my ATIP notes, and do not see anything worrying there. It shows my residency obligation as PASSED a few times, case is CLOSED, 5 year card printed and received by the local office (I can even see the validity period of the new card entered in the Notes).

Why is the local office not distributing the card to me and sitting on it for 8 month without doing anything, and now sending a questionnaire...I'm really disappointed with this process, which seems totally outside of the standard process...

 

[dpenabill]

Hi All,
I was wondering if anyone has ever come across a similar situation to mine:
-I applied for a PR card renewal, the file went into secondary review but then the application was quickly APPROVED.
-The card was printed ad sent to the local office
-For 8 months (!!!) the local office did not communicate with me, no card pick up invitation letter, nothing...
-Now they sent me a Residency Questionnaire, asked for a copy of my passport and docs supporting my presence in Canada. They also state that they now have 180 days to assess my residency...

I really do not understand it. In the meantime, I received my ATIP notes, and do not see anything worrying there. It shows my residency obligation as PASSED a few times, case is CLOSED, 5 year card printed and received by the local office (I can even see the validity period of the new card entered in the Notes).

Why is the local office not distributing the card to me and sitting on it for 8 month without doing anything, and now sending a questionnaire...I'm really disappointed with this process, which seems totally outside of the standard process...

This is actually a fairly common scenario. The secondary review is often about confirmation of basic information, and includes things like a FOSS and GCMS check to verify that up to this time the applicant is a PR. (No PR Travel Document application denied for example; no other Removal or Deportation orders issued; identity verified.)

It is typically up to the local office to conduct a Residency Determination if CIC has identified a reason to question compliance with the PR Residency Obligation. Looks like this is where this is at for you. If, as you say, there is no reason to doubt the fact of compliance then all you need to do is submit the requested information, meet your burden of proving you have complied with the PR RO, and then the card will be delivered to you.



That said, there is at least one case in which the Federal Court granted an application for mandamus to deliver the PR card. It warrants remembering, however, that does not mean much. You are a PR with or without the card. But, additionally your compliance with the PR RO can be determined at any time (and is now being determined) and for that whether you possess a valid PR card or not is totally irrelevant . . . so you need to appropriately respond to the request and would be at risk for losing PR status if you fail to adequately do so. Which is to say, even if they delivered the card to you next week, the Residency Determination may proceed, and if you fail to meet your burden of proof, proof of compliance with the PR RO, you could lose PR status.

 

[robertonnj]

thanks, I have everything very well documented, and just responded with a deck of documents thicker than a phonebook
Do you know if they set aside the application for 180 days and then assess the residency, or do they actually work on it within the 180 days?.
I think I read somewhere online that they might actually set it aside... I hope this won't be the case, I already waited 8 months for them to only sent me a letter with the questionnaire...

 

[dpenabill]

thanks, I have everything very well documented, and just responded with a deck of documents thicker than a phonebook
Do you know if they set aside the application for 180 days and then assess the residency, or do they actually work on it within the 180 days?.
I think I read somewhere online that they might actually set it aside... I hope this won't be the case, I already waited 8 months for them to only sent me a letter with the questionnaire...

I do not know what typical timelines are in these cases.

There are some other topics here in which timelines are discussed relative to those who have been referred for secondary review and those subject to a Residency Determination. I do not know to what extent the reports in those topics actually reflect typical processing times since such reports are sporadic and the number rather small.

The longest overall timelines I have noticed are perhaps in the range of a year to a year and a half from the date of the initial application for the PR card. Isolated instances of longer timelines than that appear to be related to significant substantive issues (fairly well-founded, overt reasons to question compliance with the PR RO), substantive indications of misrepresentation or other fraud, or security related concerns. In other words, the compliant PR who has properly submitted truthful information and has no underlying security issues, should have little or no reason to worry.

 

[robertonnj]

thanks, let's see what happens next.

 

[robertonnj]

3 weeks after submission of the questionnaire I received a letter inviting me to pick up my card - finally! It's been 11 months since PR renewal application date.