Pharmcawy said:
Could by any chance deny my travel document application because and only because i met the 730 days after the pr expired
No. The extent to which you were outside Canada prior to the immediately preceding five years is not a ground for denying a PR a Travel Document. For purposes of compliance with the PR Residency Obligation, it is
only the immediately preceding five years that counts in the calculation.
But in practical terms it is indeed a lot more complicated than that. For example, CIC
presumes a PR abroad not in possession of a currently valid PR card does
NOT have valid PR status. Additionally, the burden of proving compliance with the PR Residency Obligation is on the PR, and while the extent of absences more than five years ago do not figure into the calculation, the PR's overall history is a contextual factor, and the more a person has lived outside Canada the more reasonable it is to infer (assume) he was also outside Canada any other time not definitely shown to have been in Canada.
Thus, again, the simple and short answer to your question about whether you can be denied a PR Travel Document because in the past you did not meet the PR RO, no, the question is simply whether or not you are in compliance with the PR RO on the date you apply for the PR TD.
But the context of this query raises red flags . . .
. . . so, FWIW to you, perhaps not much at all, there is a longer and more complicated answer . . . .
A Longer and more Complicated response:
(FWIW)
DONT ASSUME is the golden role in this country
Which country would that be? Not Canada. CIC and CBSA assume a lot.
In fact, in particular, a PR outside Canada who does not have a currently valid PR card
in possession is
PRESUMED to not have valid PR status.
Beyond that, CIC and CBSA make
inferences. These are a lot like assuming.
For example, if it is known that a PR was outside Canada at least 1000 days within the previous five years, there is a significant risk that if there is any question about where the PR was during the other 825 days, CIC and CBSA will infer (assume) the PR was
outside Canada. This would be especially true if it appears the PR was outside Canada even more in the past. This should be obvious. If a person's whereabouts is in question, it is fair to infer, or assume, that person was where he was most of the time . . . so if most of the time he was outside Canada, it is fair to infer or assume he was outside Canada any other time except those times he affirmatively documents actually being in Canada.
Previously posted reference to assuming you were currently outside Canada:
That was a fair and reasonable inference by
scylla since you were asking if you should apply for a PR Travel Document
NOW. You would only be eligible for a PR TD if you were abroad, outside Canada. Why ask if you should obtain a PR TD now if you are now in Canada?
Your subsequent post cleared up why you were asking about applying for a PR TD now even though you are in Canada now, revealing that you did not understand the basics about PR Travel Documents.
Leading to this:
Pharmcawy said:
i spent more thant two years in the past 5 years preceding my application and will renew my PR soon However i wont wait till i receive it I KNOW IT TAKES AVERAGE 6 MONTHS AT LEAST so i will travel with a risk of obsessive thoughts WHAT if for any reason they ddnt issue my travel document worth mentioning i spent the last 11 months in CANADA
My question is do guys in the canadian embassy abroad in my country ( with repetition of being super complicated guys) Could by any chance deny my travel document application because and only because i met the 730 days after the pr expired
i knew that this role of waiting till 730 days are met dont go any where outside it works like a charm inside Canada but HOW ABOUT THE GUYS IN THE EMBASSYS ABROAD WHAT WILL BE THEIR RESPONSE ANY CLUES OR EXPERIENCE GUYS
I agree with the observations posted by
zardoz.
For clarification, once you have been a PR for five years, to be in compliance you must have been present in Canada for at least 730 days within the preceding five years.
Thus, to be in compliance today, you must have been present in Canada 730+ days between September 19, 2010 and today, September 19, 2015.
If for some reason you were interviewed today by CIC or CBSA, that's what would matter, whether as of today you have been present in Canada 730+ days between September 19, 2010 and today, September 19, 2015.
Even if you are delivered a new PR card before you next leave Canada, the next time you return to Canada compliance with the PR RO will be based on whether or not you have been present in Canada for at least 730 days within the immediately preceding five years.
Scenarios if you leave Canada in October:
Thus, for example, if you leave Canada in October, and you return to Canada June 15, 2016, at the POE on that day, June 15, 2016, if you have not been present in Canada for at least 730 days between June 15, 2011 and that day, June 15, 2016, you would be in breach of the PR RO and at risk for being reported, issued a Removal Order, and losing PR status.
Again, the burden of proof will be on you to prove your presence in Canada.
If you do not have a valid PR card in possession, you will need to apply for a PR TD. The date of that application is the pertinent date. Say you apply very soon after going abroad, what will matter will be whether you
prove you have been present in Canada for at least 730 days within the five years immediately preceding the date of the PR TD application. Again, in this process, it is
presumed you do not have valid PR status.
Additional observations, perhaps cautions:
Application for new PR card by a PR whose PR card has expired, who was in breach of the PR RO and waited to apply for the PR card long enough to come into compliance with the PR RO, is likely to be flagged for at least Secondary Review, potentially a full blown Residency Determination, and at the least will almost certainly be required to pick up the PR card in person, thus subject to a counter interview, albeit more likely will be called in for a more thorough interview.
CPC Sydney may
issue the new PR card but that does not have any practical effect unless and until the PR is actually
delivered the PR card. Thus, for example, if the PR is abroad and applying for a PR Travel Document, it is totally irrelevant that CPC Sydney has issued a new card.
In any event, the PR applying for a new card who is barely in compliance with the PR RO can anticipate that a flag has been entered into the system, so that if and when that PR applies for a PR TD abroad, or arrives at a POE to come into Canada, the PR will likely be examined further, perhaps skeptically, in regards to compliance with the PR RO.
