What is the chance of being denied a PRTD.

[armoured]

The provincial MP has already been contacted a year ago.
He was answered the same - in process.
And that he cannot influence the progress of the case.

I presume you mean the federal MP?

At any rate: contact and try again. A year ago was a year ago, presumably when it was still in normal timeframe (more or less). (Also almost all MPs treat first inquiry as completely superficial, esp within normal processing timeframes).

Go back to the MP. Do so repeatedly, once every month or two.

While they can't "influence the decision", sometimes MP inquiries unblock a file and at least get it moving. Depends on the MP's offices and the Minister as well - but mostly, Ministers don't like complaints from MPs, and so on down the line. It's a small effect but sometimes important.

 

[Aleks30]

Thanks!

 

[piedpiper]

If she goes to visit her parents in another country-What is the chance of being denied a PRTD.?
Let me remind you - her status right now for a renew card - "in process" (for over 2 years.)

Quite high. It is better for her to continue working in Canada.

 

[canuck78]

But that is NOT likely to be relevant now. She appears to be in RO compliance now.

An exception: It is possible the local office sent requests that she did not get (such as due to contact information error) and thus did not respond to those requests, and a 44(1) Report for a breach of the RO was prepared some time ago. Given the contacts with IRCC this does NOT appear to be the situation.

However, if this is the situation, then she really needs a lawyer.



I understand your frustration.

But this does NOT appear to be about the Residency Obligation. I cannot say for sure it is something serious, but there is definitely a risk it is serious. She can wait to see what happens, but the better approach is to see a lawyer as soon as practical.

I hope it is not a serious issue. A lot of stuff got sidetracked during the Covid pandemic. That could be the explanation (very hard to say what the issue actually is). It is possible that the initial referral to the local office was about RO compliance, then there was the pandemic, it got sidetracked. In that case, IF that is the situation (this is just a possible example, not what I think happened), THEN a demand letter from a lawyer now may be enough to get this resolved.

While this does not appear to be about the RO, as I mentioned to @canuck78, there is a possible exception: if the local office sent requests that she did not get (such as due to contact information error) and thus did not respond to those requests, it is possible a 44(1) Report for a breach of the RO was prepared some time ago. Given the contacts with IRCC this does NOT appear to be the situation, but since IRCC will only communicate directly with the PR unless an authorized representative has been designated, it is difficult to be sure. You say, for example, "Maybe IRCC is just waiting for me to send a new form PR card application (with the required number of days)?" And you make other first person references. I am guessing this is more a language issue and that you are actually talking, for example, about your daughter (the PR) potentially making a new PR card application. But to be clear, IRCC will only deal directly with the PR unless the PR has properly designated an authorized representative.

I am no expert. I am NOT a Canadian lawyer, let alone one practicing in the area of immigration law. So I cannot offer personal advice . . . other than the obvious stuff, like it is time to see a lawyer. That said, if she has not used it yet, she could submit a webform inquiry or, perhaps even a request for urgent processing using the webform (technically she does not qualify for urgent processing, but given how long this application has been in process, perhaps just explaining the hardship it is causing, and how long it has been, will influence whoever screens the request to at least do something that causes the local office to take some action on it). The link for that is here: https://secure.cic.gc.ca/enquiries-renseignements/canada-case-cas-eng.aspx?_ga=1.248793671.1540905010.1415025687

In any event, this is not about mocking a PR. This is not about some "cleanup" and is definitely not about the government creating conditions to encourage legitimate PRs to leave (on the contrary, the government is currently scrambling to bring more immigrants to Canada because the global pandemic had a big, negative impact on immigration numbers . . . Canada needs a steady flow of immigrants to fuel its economy). A new application is not likely to change the situation.

It appears pretty clear that EITHER something has gotten lost or mixed-up in the local office (that's possible), OR there is a real issue at stake. There is a significant risk of the latter, a real issue, something serious, so the suggestion to see a lawyer should be taken seriously.

Notwithstanding more than a little bad mouthing targeting IRCC and Canada, actually the system tends to be flexible with PRs, if not rather lenient and generous. That may not be your impression, but that is how things tend to lean, by a lot. There are instances in which IRCC can be unfair. But those tend to be the exception, far from the rule.

Hopefully this situation gets resolved sooner rather than later. (There is a way to force things, but that is so NOT recommended I am not going to go there; far, far better to talk to a lawyer first.)

Assume there is a decent chance that application was sent to the local office for the local office to eventually ask for an in person pick-up. These services haven’t restarted in Vancouver. As previously noted the delay may be frustrating but has actually allowed the daughter to become compliant with her RO. Faster processing may have lead to her losing her PR.

 

[armoured]

(Re-upping from your query in another thread)

I took a brief look again through what you've shared here about your daughter's case. Suggestions here were largely contact your MP (multiple times if necessary) [and similar such as Minister's office], and, speak to a lawyer. Has she tried any of these and has there been any response or information of use?

Working with a lawyer might indeed use a writ of mandamus, or at least 'showing the sword' by writing to notify of intent to file a writ of mandamus. However, it's not magic either, not inexpensive (depending on means, of course), and not guaranteed to be rapid nor successful. But by all means ask a lawyer.

I repeat those suggestions. I have one additional, after having noted in your main thread about your daughter's case that one of her goals is to visit her parents (short personal trips only). Based on my (informed) guess about her passport, it seems quite likely she can enter the USA without a visa.

One possibility for her now that the border is open is to travel by land to the USA and return using her previous PR card as evidence of PR status - whether same day or after a few days doesn't matter (except for covid protocols). At the border, whatever happens will give her a very good idea of what the situation is, and possibly dislodge her file from the pile.

If she is admitted with no problems, and no suggestion from the CBSA officer that she's out of compliance, then she should be good to travel abroad and apply for a PRTD or return via USA (fly to USA and enter by land). If the CBSA officer is nice, she could even inquire whether there is anything about her PR card or other flags. (Note: I think it's fairly likely the border officer might inquire about RO compliance, and she can simply state that she's been in Canada for over two years straight; it would be wise to have some basic documentation showing she's established and residing in Canada). The weak part of this approach is that it wouldn't directly resolve the issue of not having received the new PR card - but armed with this information she (with counsel) could make a decision about eg withdrawing the existing appication and applying anew or something else.

If there's something amiss, most likely would be that a 44(1) report would be started and she can appeal. Since her factual residnecy in Canada should be easy to demonstrate, shouldn't be a problem if RO is the only issue. If it's some other issue (can't imagine what, honestly), that would at least come out. Either way, she'd be admitted and be able to work and reside in Canada while the appeal proceeds.

Now, this is only a suggestion, but a relatively simple and inexpensive means to approach. And it would also mean - if all goes well - that your daughter could travel to visit you, as well as possibly establish that indeed "all is well". Note, there are suggestions in this thread that there's something more serious afoot - so it would be wise to consult a lawyer before trying this. (And yes, specifically asking the lawyer about whether this approach is advisable).

Small background: I note comment above from @canuck78 that the Vancouver office has basically not been processing any of these type of "pick-up" PR card files. To me, given the covid timing, it suggests the file was sent there to wait and see what would happen - i.e. whether she would come back into compliance - and then has just been stuck. (Also suggests there is a huge backlog there)

Finally, I understand the frustration at not being able to get some more detailed answer from IRCC, or really any meaningful response at all.

BUT: given the numbers you mention - eg that she will have been in Canada approximately 830 days as of January 2022 - this basically means that your daughter has only been in compliance since roughly early October. So while her impression is that her PR card renewal application has been delayed for an extremely long time, a simplistic interpretation is that her card has only been eligible to be renewed on basis of RO compliance for a few months.

 

[Aleks30]

Here is the answer of one of the MPs for me.
Members of Parliament understand very well this bureaucratic machine.
......................

While you are not in my riding, I do appreciate hearing stories such as yours, as they keep me informed every time I raise this issue to the government. The issue of delays in processing applications is a longstanding one and, unfortunately, the situation has worsened under COVID-19 and at this point are in virtually every stream. Added resources are needed to address the additional strain created by the pandemic, as well as to tackle the pre-existing delays.

I have been continually pushing for the government to immediately provide IRCC more staffing and resources to deal with the considerable backlog, which has only continued to increase since the pandemic. I hope that your local MP would advocate for this as well.

Please be assured that I stand firm with you in calling on the federal Liberal government to urgently devote the required resources needed for processing of applications and issue of documents in a fair, compassionate timeline. Thank you again for writing and I hope that you will hear some good news about your daughter’s application soon.

 

[Aleks30]

Let's wait some more.

The problem is not to change a decision ... to prove something ..
The problem is simply getting IRCC to open her application.
Everything is clear and understandable there. She lives in Canada ... There are enough days of residency in Canada.
It is just necessary that the IRCC would open her application.

 

[jakklondon]

Let's wait some more.

The problem is not to change a decision ... to prove something ..
The problem is simply getting IRCC to open her application.
Everything is clear and understandable there. She lives in Canada ... There are enough days of residency in Canada.
It is just necessary that the IRCC would open her application.

If what you say is true, then why aren't you seeking legal consultation with an attorney to file Writ of Mandamus lawsuit on her behalf?
I would never hesitate to go to any legal lengths (this includes going to Federal courts and exposing myself to any kind of scrutiny) if I felt that government has done something grossly unfair to me. I would even go Pro Se if no attorney took my case, if I felt absolutely sure of myself and knew that Orwellian bureaucracy was acting impudently towards me and ignoring the letter and intent of the law.

In this regard, I must also add that she doesn't have to (it is very wise thing to do, but is not a "must", especially if she can't afford one) hire an attorney to file Writ of Mandamus. I recall that back in the years some US Military men serving in wars overseas (and not making enough to hire a private counsel) did file WOMs on their own, when their careers and clearances were stalled by DHS which was simply refusing to process their US Citizenship applications. I see no reason why your daughter can't do it on her own (even if she is shy, she can file paperwork in privacy of her room, without exposure to situations where she would feel awkward). Just make sure that the average time to process similar applications is significantly less than her current wait time, otherwise IRCC will simply say it lacks resources, and it would be unfair to put your daughter ahead of others simply because she files WOM.

P.S. I don't think a letter to MP can do much in a situation such as hers. All MP can do (it's like Congressional inquiry in the US) is send an inquiry to IRCC and notify you of the response received.

 

[Aleks30]

Yes, everything I wrote is true.
I would be very grateful if you could find a lawyer in Vancouver who would agree to write a warning letter to IRCC for $ 200-400.
Why should I pay a lot of money for something that is supposed to be free and according to the law?
If Canada doesn't need people like teachers at school, my daughter will turn around and go back to us.
She has a place to live. Trust me, we have a job for her and everything she needs to live. She did not come to Canada from the jungle.
There are people who rush into battle until the end.
And there are others.
If Canada does not want such educated people as a daughter, then she does not need Canada either.
My daughter will not crawl on her knees and beg for help; I do this in her place.
But one day she will just get tired of it - she will turn around and leave.

 

[scylla]

Yes, everything I wrote is true.
I would be very grateful if you could find a lawyer in Vancouver who would agree to write a warning letter to IRCC for $ 200-400.
Why should I pay a lot of money for something that is supposed to be free and according to the law?
If Canada doesn't need people like teachers at school, my daughter will turn around and go back to us.
She has a place to live. Trust me, we have a job for her and everything she needs to live. She did not come to Canada from the jungle.

If you want to go the writ of mandamus route, it will cost you a few thousand.

 

[Aleks30]

If you want to go the writ of mandamus route, it will cost you a few thousand.

Then let others thrive in Canada. Daughter lives alone. Works alone.
Let others pay the last money.

I even read that a lot of people got an updated permanent resident card AFTER they got citizenship.
One can only imagine what kind of bureaucracy there is in Canada.

 

[armoured]

The problem is not to change a decision ... to prove something ..
The problem is simply getting IRCC to open her application.
Everything is clear and understandable there. She lives in Canada ... There are enough days of residency in Canada.
It is just necessary that the IRCC would open her application.

Up to you. Personally, if there was no rush (as you seem to be implying), I would consider withdrawing the application for PR card:
https://www.cic.gc.ca/English/helpcentre/answer.asp?qnum=719&top=4

And then applying anew.

Note, apart from cost of writ of mandamus (most lawyers wouldn't even consult on the matter for less than the amount you mentioned), the crux (as noted above) is the average time of processing for a PR card and whether time processing her application greatly exceeds that time. But hers is not an 'average' application (because she applied when she was technically inadmissible), plus also covid blew out average times - therefore arguments that it 'took longer than average' are probably not going to work.

Again, to repeat: she was not eligible for a regular PR card renewal until roughly October of this year*. The argument that she's somehow been deprived of a renewal is not very credible.

The task right now is to dislodge her application and get it back in the stream, not rage about long processing times. Withdrawing and re-applying might work; if the desire is to get a PRTD, the approach I suggested above might also.

*Caveat, if I've understood your dates and information correctly.

 

[Aleks30]

In any country, you can order a place in the queue. Contact the appropriate service. Sit down with a person. (Immigration officer). Talk to them. Find out and explain everything.
Find out the date when the decision will be made.
But NOT IN CANADA!

 

[Aleks30]

Caveat, if I've understood your dates and information correctly.

There is not much to understand here.
Everything is very simple. My daughter has been living in Canada for over 2 years and during this time she has never left Canada at all!
Yes, she can come to us and apply for a PRTD. (And she has the required number of days, even more)
BUT. She is afraid that the Canadian embassy will see that the application has been pending for more than 2 years, and the embassy will not understand at all what disgrace is going on in IRCC in Canada ??
They ( in Canadian embassy) won't even believe their eyes - - more than 2 years application in status "in process"
And she will be refused.

 

[armoured]

Everything is very simple. My daughter has been living in Canada for over 2 years and during this time she has never left Canada at all!

Very simple: she applied when she was inadmissible because of being out of compliance. Almost all of the processing time for her PR card has been 'consumed' by her getting in compliance.

Or, as suggested, she could withdraw and re-apply, which would leave her (roughly) where she would be if she had waited to get in compliance first.

Yes, she can come to us and apply for a PRTD. (And she has the required number of days, even more)
BUT. She is afraid that the Canadian embassy will see that the application has been pending for more than 2 years, and the embassy will not understand at all what disgrace is going on in IRCC in Canada ??
They ( in Canadian embassy) won't even believe their eyes - - more than 2 years application in status "in process"
And she will be refused.

This is why I suggested doing the quick trip to USA and back. If she gets through with no issues and no comments, she will have established quite well that she is in compliance and resident in Canada. Relatively low risk.