PR card renewal interview

[SJK]

Hi

I had applied to renew my PR card. I was short on the 730 days needed. In response immigration send me a questionairre and a list of documents they needed to prove my residence. I sent them all required documents. Now they have asked me to appear for an interview saying that from my initial application they can see that I have not completed my residency requirements. I have H&C reasons which I included in my application.

Does anyone have any such experience?? what was the outcome?? Any idea on what sort of questions I should expect ?

Thanks
SJK

[ta33]

I am having the same problem. When is your interview btw?

[SJK]

I had my interview and my case was approved on H&C grounds. The officer didn't ask much just where I work and how much I make per annum. I will get my new card in the mail within 4-5 weeks. But one important piece of information when cases are approved on H&C all previous days lived are lost and count starts afresh from the day case is approved....I'm talking about for citizenship.

[sas971]

congrats
can you tell me about the questionairre and in detail about the interview

how long was the waiting perios from the time you applied to receiving the questionairre and then finally getting the interview call

thanks

[SJK]

The questionnairre involves detailed questions about the what you have been doing in the past years (address, work history, etc etc) , family present in Canada, what difficulties would you face if you were to leave Canada etc etc.

I initially applied for renewal back in June 2008, got the residency questionairre in March 2009 with 60 days to submit the documents asked. I sent that in May 2009 and received and interview call end of July 2009 for interview mid of August. So basically we are looking at 1.25 yr I guess for the whole process.

[Alabaman]

I have been a Landed Immigrant for a while but I stayed out of the country.

Now I am back in the country and working. By the time my PR card expires next year, I will be 240 days short of the required 730 days to maintain my PR.

I have read on this forum that they only check last 5 years so I can stay for additional 240 days after expiration before trying to renew my card.

Won't the immigration officer say I once lost the PR so I can not renew?

Please Leon, PMM, and other gurus out there help clarify.

[Leon]

Yes, they can only check the last 5 years at the time you apply.  Do not apply for PR card renewal until you have 730 days or more in Canada and can prove it.  You can not leave Canada during this time as you will not have a valid PR card to get back and you would risk not being let back in.

For persons who have been permanent residents of Canada for more than five years, the only
five-year period that can be considered in calculating whether an applicant has met the residency
obligation is the one immediately before the application is received in the visa office. A28(2)(b)(ii)
precludes a visa officer from examining any period other than the most recent five-year period
immediately before the date of receipt of the application.
Even if a person had resided away from Canada for many years, but returned to Canada and
resided there for a minimum of 730 days during the last five years, that person would comply with
the residency obligation and remain a permanent resident. An officer is not permitted to consider
just any five-year period in the applicant's past, but must always assess the most recent five-year
period preceding the receipt of the application.

[Alabaman]

You are the best!!

One more quick question:

I guess while my card is still valid I can travel out for short durations (couple of days) and come back without any problems. Right?

Thanks.

[Leon]

I wouldn't risk it.  If they suspect you don't meet the residency requirements, they can stop you on entry and give you a month to prove that you meet them.  If you can't prove your 730 days at that point, your PR is gone.  You can get lucky and get in the first time without any questions but then you go on your 2 day getaway, come back and get an IO who decides you might not meet the residency requirements.

[AUH Process]

they can stop you on entry and give you a month to prove that you meet them.  If you can't prove your 730 days at that point, your PR is gone.  You can get lucky and get in the first time without any questions but then you go on your 2 day getaway, come back and get an IO who decides you might not meet the residency requirements.

Hey LEON,

Are you sure they give you only one month before they remove you?....where did you get this from?

Thanks,
AUH

[Leon]

They give you a month to appeal their decision.  They might not actually remove you that fast.

At ports of entry or inland, loss of status occurs when the period of 30 days to file an appeal
against the removal order expires and the order comes into force [A46(1)(c), A49(1)(c)]. In
addition, the Department has decided to allow voluntary relinquishment of permanent resident
status in limited circumstances.

[AUH Process]

Thanks Leon

[Sadruddin]

Useful info. My Q. what is the basis of your stay in Canada, which they count on in order to determine the number of days you stayed in reality? Do they ask you to submit visa pages when you leave or any document when enter Canada with PR Card? or any other proof? I am sure you need to keep an excel file for youself, but do you share that with them?

I realize from the conversation, if somehow i can enter even last date of the expiry of my PR card and if i stay subsequent 730 days, I can apply for a renewed card for further five year?

[Leon]

If you actually get into Canada without your PR status being questioned, even if it's on the expiry date of your PR card, you can wait for 730 days and then apply to renew and they will have to renew.  Of course, during the 730 days, you will not have a valid PR card so you will not be able to come back if you leave Canada.

[Sadruddin]

Thanks.
My other question is not answered yer. Look forward to seeing an answer....that how they evaluate my residency? Do i give proof of leaving and entering canada or they have all in their system---do i submit my passport when i apply for renewal or claim for citizenship--to see the entry stamps?

Thanks! S!