Appeal approved but they've sent to local office again for renewal pr card!

[Asa22]

Hi all
Hi all

I applied for my renewal pr card on begining of july after my appeal won due to humanitarian and compassionate ground . my residency abligation has already approved on the court and i'v already submited the decesion of my appeal . they have started processing on my renewal application on 27 november. Today i called cic and the agent told me they sent my application to local office again for more investigation .I want to know why they sent it to lacal office after the decesion already has made on my application?!
How is the processing for this situation? Is there any similar case?

 

[dpenabill]

Hi all
Hi all

I applied for my renewal pr card on begining of july after my appeal won due to humanitarian and compassionate ground . my residency abligation has already approved on the court and i'v already submited the decesion of my appeal . they have started processing on my renewal application on 27 november. Today i called cic and the agent told me they sent my application to local office again for more investigation .I want to know why they sent it to lacal office after the decesion already has made on my application?!
How is the processing for this situation? Is there any similar case?

If you have an attorney representing you in this, best to talk to the lawyer.

Appeals often do not decide the outcome of the application itself, but decide whether a decision was valid. To win the appeal means, usually, the decision was not valid. That does not dictate what the decision should be, just that the one previously made is set aside. Thus, it usually means the matter is sent back to be decided again, properly this time, usually by a decision-maker other than the one who made the decision successfully appealed.

I am not sure that is what is happening for you, but it appears to be that.

In particular, I am not sure this is the standard for IAD appeals regarding PR card renewal applications. You do not indicate whether this is an IAD decision or a grant of review by a Federal Court. I do not know what the typical IAD decision looks like in a PR card renewal case (I have read many IAD decisions about PR residency, but not many specifically about PR cards . . . most were about Removal Order appeals).

Decisions granting an appeal by the Federal Court almost always send the case back to be decided by someone other than who made the decision successfully appealed. Thus, an individual may still get a negative decision even though they have won an appeal.

So, if your appeal was decided by a Federal Court, it is very likely that it has been sent back to CIC for reconsideration, meaning it could still go either way.

If your appeal was decided by the IAD I am not sure . . . but what you describe appears to be the situation where it has been sent back for reconsideration . . . which would mean it could still go either way.

Again, if you have a lawyer, best to talk to the lawyer about this.

 

[dpenabill]

And if you do not have a lawyer, it is not too late to get one. H&C cases can be tricky.

 

[Asa22]

Thanks dpenabill for ur reply
Do you know at this point how long does it take for proccessing approximately?

 

[dpenabill]

I don't know how long it will take.

There are at most only a few forum reports about PR appeals, including appeals for denied PR Travel Documents and Removal Orders, let alone PR card applications, too few to draw any conclusions about general timelines . . . although there are quite a number of reports of PR card application processing taking several to six months or more when there is a residency issue. But those reports are predominantly about cases not involving a decision and an appeal of that decision.

And of course the particular facts of the case, your situation and the circumstances, matter and make a difference, both in terms of eventual outcome but also in how long the processing takes. In your situation, the nature of the proceedings to this stage and the reasons for granting of the appeal will make some difference.

In some cases, for example, the decision on the appeal resolves a key issue in consideration and it should not take that long. I know that in citizenship application cases there is a policy to expedite processing of applications for which an appeal has been granted. Not sure if that applies to PR card applications as well or not.

 

[Asa22]

Hi again
Today i've received e letter from hamilton due to " our records show that the immigration appeal Division determind that you had not lost your permanent resident status. As a result , your application for a permanent resident card will be returned to the case processing center in sydney , nova scotia to complete processing .
You will be contacted if you need to pick up your permanent resident card in person . Otherwise , your permanent resudent card will be sent you by mail.
I just want to know is this the letter for what? Is that a update letter ? But when i check online service isn't there any update exepted of " in process "
Im so confused!
Please help !

 

[dpenabill]

Hi again
Today i've received e letter from hamilton due to " our records show that the immigration appeal Division determind that you had not lost your permanent resident status. As a result , your application for a permanent resident card will be returned to the case processing center in sydney , nova scotia to complete processing .
You will be contacted if you need to pick up your permanent resident card in person . Otherwise , your permanent resudent card will be sent you by mail.
I just want to know is this the letter for what? Is that a update letter ? But when i check online service isn't there any update exepted of " in process "
Im so confused!
Please help !

Simple response is this looks like good news. PR status is safe. PR card is probably on its way (once Sydney does its processing and forwards the PR card to the local office) -- either to be mailed or picked up at the local CIC office.

Processing time for this is probably faster than routine processing times for regular applications.

The worst case scenario, it appears, is that a new PR card is not given to you and you have to apply again, but in the meantime your PR status itself is safe. That is a big deal.

So this was an IAD decision. And it was an appeal of a decision which, in effect was a Removal Order, not a PR card denial. That makes more sense. I am extrapolating that you made an application for a new PR card at a time you did not meet the 730 days in five year requirement, so CIC did a residency examination and adjudicated (determined) you were inadmissible based on a breach of the residency obligation. You appealed that decision. IAD ruled in your favour, preserving your PR status. Odds are you will be given the new PR card. There is some chance you will not but again, even if you are not given a new card now, and have to apply again, your status is safe in the meantime and once you have met the 730 days in Canada within five years obligation, you will be eligible to apply again and then will get a new PR card.

Reminder: PR status is not dependent on having a valid PR card.

As to why you might not be given a PR card soon: An attempt to explain the difference between having valid PR status and eligibility for a PR card would probably be more confusing than helpful. Suffice it to say, again, it appears your status is safe, and that you probably will be sent a new PR card, but technically it is possible your PR status is OK but you are not eligible to be issued a new PR card yet . . . in which case you would have to apply again, making sure you meet the 730 day obligation before applying again, and then you will get a new PR card.

Overall, looks like good news and a new PR card should be on its way to you in the not too distant future.

 

[Asa22]

Thanks for your helping !

 

[MarioYYZ]

As to why you might not be given a PR card soon: An attempt to explain the difference between having valid PR status and eligibility for a PR card would probably be more confusing than helpful.

Please indulge me. Why/how would a successfully examined permanent resident of Canada be ineligible for a PR card ?

 

[dpenabill]

Please indulge me. Why/how would a successfully examined permanent resident of Canada be ineligible for a PR card ?

PR card eligibility is more than just having valid PR status.

There are various ways this can come about, the most obvious one having nothing to do with the subject of this thread (so I did not go into that to avoid further confusion): PR with valid status but living abroad (such as a PR living abroad with a Canadian citizen spouse).

Another example is a PR who, upon returning to Canada, has been issued a 44(1) report for inadmissibility due to a breach of the PR Residency Obligation, who successfully advocates PR status should be retained (not lost), despite not meeting the 730 days in five years obligation, because of H&C grounds, and avoids the issuance of a Removal Order. That individual does not yet meet the PR card replacement eligibility requirements due to not being in compliance with the PR Residency Obligation (PR status is retained because H&C grounds excuse the breach) and should wait until he or she is in compliance with the Residency Obligation before applying for the replacement/new PR card. But variations of this scenario can get complicated, and thus be confusing, since there are some reports that CIC will go ahead, issue and deliver a new PR card, despite the PR being in non-compliance at the time of the application itself (that is the date that technically counts, the date used in determining compliance with the Residency Obligation), where in the meantime it is clear the PR has since come into compliance and it would be a waste of time and resources to make the PR apply for the card again.

For purposes of this topic, and the queries posed by the OP here, there are no where near enough details to discern the full scope of the what, why, how of the situation . . . but that is not necessary to do, since the OP has notice the appeal was won, that based on H&C grounds IAD determined PR status is not lost, and it appears the odds are good a new PR card will be coming . . . but even if a new card is not coming, the OP still has valid PR status and at worst will only need to make another application after the OP is sure to be in compliance with the 730 days obligation.