rbrar14 said:
This is my timeline. No response from them till the december 11. But WHATS fishy to me is the 2nd line and 4th line starting appearing like 5 weeks ago. it did not appear when I got my email or correspondence for passport coloured copy. Does this mean anything to anyone here ????????????????????????????? I had to leave canada on july 28, 2015 because of family problem back home. so im stuck waiting outside canada to have my card mailed to canadian address. will cic know im outside country ? wont they mail me card because of this?
1. We received your application for a permanent resident card on July 2, 2015.
2. We sent you correspondence acknowledging receipt of your application(s) on January 11, 2016.
3. We started processing your application on January 11, 2016.
4. We sent you correspondence on December 11, 2015. If you have not yet provided the information or the requested documents, please do so as soon as possible. Please wait until you receive the correspondence before sending us additional information, as the correspondence will outline all information that is required.
rbrar14 said:
Hi,
I have completed about 735 days in 5 years for my PR RO. I applied for my pr card on july 28, 2015. here is my timeline as I type this post. But WHATS fishy to me is the 2nd line and 4th line starting appearing like 5 weeks ago. it did not appear when I got my email or correspondence for passport colored copy. Does this mean anything to anyone here ??
I had to leave canada on july 28, 2015 because of family problem back home. so im stuck waiting outside canada to have my card mailed to canadian address. will cic know im outside country ? wont they mail me card because of this?
1. We received your application for a permanent resident card on July 2, 2015.
2. We sent you correspondence acknowledging receipt of your application(s) on January 11, 2016.
3. We started processing your application on January 11, 2016.
4. We sent you correspondence on December 11, 2015. If you have not yet provided the information or the requested documents, please do so as soon as possible. Please wait until you receive the correspondence before sending us additional information, as the correspondence will outline all information that is required.
If possible, best to obtain the services of a licensed, reputable, Canadian immigration
lawyer (not a consultant) sooner rather than later. Not easily done from abroad, but given that you cut compliance with the PR RO so close and immediately went abroad, you could really use the assistance of a competent legal professional.
Short answer: Maybe PR card will be delivered by mail, but probably not.
There is a significant likelihood that IRCC will not even issue a new PR card until you are back in Canada. If a new card is issued without you returning to Canada, the odds are very high you will need, at the least, to pick up the PR card in person, presenting identity documents and answering some questions.
Explanation for short answer:
There have been some recent reports that the PR card has been mailed to the home address in Canada despite Secondary Review. These reports are few in number and their reliability is uncertain. I do not know how it will go for you, not for certain anyway, but it is unlikely your PR card will be mailed to your Canadian address.
The odds are much greater that
if a new PR card is issued without you first returning to Canada, you will be required to at least appear in person to pick it up at the local office, which would entail a
counter-interview (a few questions and documents check, largely to verify identity but also somewhat to verify some facts and circumstances), and if that goes OK the card would be delivered to you. There is a substantial probability, however, that instead you would be scheduled for a Residency Determination interview before a new PR card would be delivered.
While I cannot say for sure, since I do not even know if IRCC is aware you are not in Canada, among other things, my sense is that you will need to return to Canada before IRCC will complete processing the application for a new PR card. I think you will need to return to Canada before IRCC will even issue, let alone deliver, a new PR card.
Best course of action: return to Canada as soon as possible.
Foremost, the sooner you return to Canada the better your odds of retaining PR status. If you can do this without applying for a PR Travel Document, such as traveling via the U.S. and crossing into Canada at a land border (traveling by private vehicle), that would be better than having to apply for a PR Travel Document -- albeit, if you have a very strong H&C case, perhaps it would be better to apply for a PR TD and have that, in effect, adjudicated, assuming the H&C case is strong enough to be confident it will succeed.
If you can and do choose to return to Canada via the U.S., be sure to be prepared to show you have complied with the PR Residency Obligation. Compliance will be based on the five years immediately preceding the date you arrive at the Canadian PoE. (Example: if you arrive at a Canadian PoE September 15, 2016, you should be prepared to show you were in Canada 730+ days between September 15, 2011 and September 15, 2016.)
PR Travel Document.
I am guessing, however, that you need to obtain a PR Travel Document in order to return to Canada. Obviously, given how close you cut it in regards to compliance with the PR Residency Obligation, applying for a PR TD might be risky. Obviously, the amount of time you spent in Canada that will matter if you apply for a PR Travel Document will be based on the five years preceding the date of that application. (Example: if you make the PR TD application September 12, 2016, you need to include, in the application, proof showing you were in Canada 730+ days between September 12, 2011 and September 12, 2016.)
Moreover, if you are issued a PR Travel Document, while that probably will be valid for six months, the sooner you actually make the trip to Canada using it the better, since your compliance with the PR RO can again be questioned upon arrival, at the PoE, and for that examination the five years which counts will be based on the date you arrive.
If you make a strong H&C case in the application for the PR TD, and are issued a PR TD on that basis, you could relax a little more as that would give you more leeway.
If PR TD application is denied, and you appeal:
If the PR TD application is denied you must appeal or you will lose PR status as of the day after the time for appealing has past. Even if in the meantime, IRCC decided to issue a new PR card, if you apply for a PR TD and it is denied, you must appeal (and win the appeal) or your PR status is lost. This is why there is some risk in making a PR TD application.
Now that more than a year has elapsed since you were last in Canada, if the PR TD is denied you will not be entitled to a special PR TD to return to Canada pending the appeal. You can still make an application for a special PR TD and you might be issued one so that you could return to Canada pending the appeal, but this is a discretionary decision and probably denied more often than granted.
Inconsistent timeline:
Your posts indicate, for example, that you made the application for a PR card on July 28, 2015 and yet you report that IRCC indicates it received the application on July 2, 2015.
Reminder I: Effect of PR card being issued.
Just because a new PR card is issued, does not guarantee it will be delivered. In SR and Residency Determination cases, after the PR card is issued (that is done by CPC Sydney), the local office typically conducts at least an interview with the PR before the card will be delivered to the PR.
Reminder II: Examination of PR RO compliance at interview.
If the PR is interviewed before a new PR card is delivered, compliance with the PR RO will be examined primarily in regards to compliance at the time the PR card application was made. Thus, for example, if the PR card application was made on July 28, 2015, the examination will focus on whether you were present in Canada for at least 730 days between July 28, 2010 and July 28, 2015 (if the date of your landing was after July 28, 2010, the five years that counts in this examination will be based on the five years following the date of landing).
However, the PR may also be examined regarding compliance with the PR RO as of the date of the interview, which would be based on the five years immediately preceding that day.
If PR RO compliance based on date the application was made is shown, the PR card should be delivered to the PR. Obviously, if PR RO compliance is not shown, the card will not be delivered and there will further processing to determine if IRCC should pursue removal proceedings.
Even if PR RO compliance based on date the application was made is shown, and the PR card is delivered, if the PR is examined for compliance as of that day, the date of the interview, and the interviewer determines the PR is not in compliance as of that day, the PR is likely to be issued a 44(1) Report of Inadmissibility followed by a Removal Order, which will result in the loss of PR status unless an appeal is timely made and the PR wins the appeal.
In this latter sort of situation, it is more likely that the interviewer will decide that it is necessary to do further assessment of compliance with the PR RO as of the date the card application was made, and thus not actually deliver the PR card. This can be challenged (but bringing a Mandamus action is difficult and expensive), and ultimately, if a 44(1) Report of Inadmissibility or Removal Order is issued, what matters is whether the PR proves compliance with the PR RO as of the date of the interview.
Reminder III: PR card validity is not relevant to assessment of PR RO compliance.
If, per chance, a new PR card is issued, that has no relevance to any assessment of compliance with the PR RO. Thus, for example, even the PR has a virtually brand new PR card, still valid for four plus more years, when that PR arrives at a PoE, compliance with the PR RO can still be questioned and it will be based on the five years immediately preceding that date. (Example, PR with a virtually brand new PR card that is valid until September 17, 2021, arrives at a Canadian PoE December 15, 2016, may be examined at the PoE and required to show he or she was in Canada 730+ days between December 15, 2011 and December 15, 2016. Another example: if a PR with a card valid until September 17, 2021 arrives at a Canadian PoE August 15, 2018, the PR may be examined at the PoE and required to show he or she was in Canada 730+ days between August 15, 2013 and August 15, 2018.)
