Kkd said:
Recently my friend has applied for PR renewal. He has stayed for 732 Days in the relevant period. There are fair chances of a Secondory evaluation. But he has applied for urgent processing and may not be available if the dates are beyond his travel date. How long they will wait for him to attend the S E.?
What will be his status during his such absence and will he be allowed PRTD for attending to attend the review ?
While we do not know the actual numbers, my sense is that a PR reporting 732 days presence in a PR card application is at
elevated risk for a formal examination to make a Residency Determination, and if that does not happen quite soon after making the application, then such a PR is probably at
high risk for Secondary Review. A much higher risk, anyway, than merely a fair chance.
If and when the PR, one who has cut compliance with the PR Residency Obligation so close, goes abroad, what will really matter then is how many days can the PR
prove he or she was in Canada in the five years preceding the date a PR Travel Document is applied for. A PR abroad without a currently valid PR card is
presumed to not have valid PR status. For PRs who have been well settled in Canada, who have been living in Canada more than they have been abroad, this presumption is typically not especially difficult to sufficiently rebut, but for PRs who have cut the PR RO close, any gap in objective documentation showing dates of presence in Canada could lead to the PR TD being denied.
The PR's status remains that of a PR unless and until there is an adjudication otherwise. In particular, status is not dependent on whether a PR has a valid PR card or not. But, again, remember that the PR abroad without a valid PR card is presumed to not have valid PR status.
It appears that PRs who cut it close and then go abroad tend to have their PR card application stalled, no action taken on it until the PR returns to Canada. Even if IRCC decides to issue a new PR card, that does not necessarily mean the PR is entitled to a PR TD in order to return to Canada to pick up the card. Again, what will matter then is that the PR be able to prove compliance with the PR RO as of the day the PR TD application is made. Compliance can also be examined at the PoE, upon arrival in Canada, which will be based on presence during the five years preceding that day.
Frankly, a PR who has cut compliance with the PR RO this close is really risking his or her PR status if such a PR goes abroad soon without building much of a margin of presence in Canada. In this regard, again remember that the burden of proof is on the PR, and when it is this close, meeting the burden of proof can be difficult. The key really is NOT how many days the PR was in Canada, but how many days the PR actually proves he or she was in Canada.
How tough IRCC (including at a visa office abroad if a PR TD application is made) or CBSA (at the PoE when returning to Canada) will be can vary considerably, depending on lots of factors. Time in Canada and credibility are the two big ones. Extent of settling in Canada can be another. Other ties to a life in Canada can be important positive factors. On the other hand, the PR who gives IRCC the impression that he or she is not really settling in Canada, not actually residing permanently as a matter of fact, or at least in the process of permanently settling in Canada, is more likely to encounter not just elevated scrutiny, but skepticism, not much leniency.