PR does not become invalid automatically if he meets the criteria. So CHC ND would like to know if the person who is being sponsored by someone in Canada is still a Canadian PR or Indian citizen. because it makes a huge difference and reduces a burden on CHC ND if that person is still eligible to continue his PR status in which case sponsorship by someone is not required.
Kuku,
I maybe wrong. but this is what I know, To maintain ones PR status in Canada a minimum residency obligation has to be met.
(This is non-negotiable) This is the IRPA Law (see section A28(1), A28(2)(a) of the IRPA
Residency obligation: A permanent resident must comply with a
residency obligation with respect to every five-year period
(namely, test of 730 days/5 years).Suppose if the person leaves Canada and stays overseas thereby did not fulfill the obligation
a) Pre-PR card (before 2002)Those days there was no PR-Card.
They might have been issued a Record of Landing and an Immigrant Visa (IMM 1000)
Using this Visa they used to travel up and down within the Visa period
They used this Immigrant Visa as a "Travel Document"
(The Indian Immigration authorities will see this and allow you out, the CBSA will see this and allow you in)
For discussion let us take an example Mr. Munna Bhai who left Canada to India and stayed here for some time and his immigrant Visa expired
now he cannot "travel" to Canada because his "travel document" his expired.
Now we dont know whether Munna Bhai satisfied Residency Obligations or not. What ever it is he may satisfy or may not but still he needs "Travel document" to travel back to Canada. So he applies with CHC-ND for a travel document. The office then first has to determine his "residency obligation" and for this IRPA provided Section A31(3) (it is nothing but laws laid down on "how to" and "what to' for the VO)
If Munna Bhai had satisfied residence obligation then VO issues "Travel Document" if he doesnt then he is not issued a "travel document" stating that he has not met minimum residency obligations and he is
"no more a Permanent resident of Canada"b) Post-PR card (After 2002)Say for example Mr. "Jaggu Dada" who is a close friend of Munna Bhai and same personality and a staunch follower of Bhai.
He became PR somewhere in 2003 and got the new shiny "PR card"..however Jaggu dada went back to India because Munna Bhai Called him for some joint "danda" .
Now Jaggu dada wants to go back to Canada. two situations
1) He has a PR card which is vald - He can simply take a flight to Canada
2) His PR card is expired - He cannot "travel", Indian Immigration will not allow him. She he has to apply with CHC-ND
now like what they did with Munna Bhai. They will check Jaggu Dada "minimum residency obligation" if he satisfies then he may be given a "Travel Document" so he applies through IMM 5254. Once he re-enters Canada he can will apply for PR Card. Since to my knwoledge PR card is made and issued in Canada only (it is in-country service) only things issued abroad are VISA and COPR.
So in explaining here I have understood EB's case (before that I didnt)
Her husband left to India. His PR expired.
She applied for Spouse Visa through the regular process
CPC-M noted that this person is a PR however not able to (lazy bums..)
or did not want to take the head ache of "Determining PR status" of her husband
so they just said "Apply to your VO" (what for just to get a "travel document"?? you very well know that they will not give)
so that they can determine the residency status of her husband and if he qualifies ND can issue a Travel document
and he can come here as a PR.
However what makes me angry is the "determination part" can be done here in CPC-M
there should have been some way or eb could have said "just do your job, just process it"
what is it going it take for them to determine her husband "residency obligation status" at CPC-M??
It might the stupid law..something might have prevented them from doing it
Immigration Forum
