Concerns about PR card renewal and Residency Obligation

[winlovesca]

Hello there! Helping a friend here!

My close friend applied for a PR card renewal. However, she sent a PR card renewal application only to realize she made a big mistake of miscalculating her RO. She lacks 730 days when she submitted it! She was only able to complete her RO several months after she applied for renewal and after her card expired.

Now, her application is under "decision made" and when she called IRCC, they told her it was sent to the local office for pick up. She had no idea when she could get her renewed PR card as the offices are not open for pick up yet accdg to her.

Her concerns are:

(1) Could she re-apply for another PR card renewal application since she already completed her RO (and tell the IRCC to disregard the old one even if the application is already under DM)?

(2) Assuming that she was not able to re-apply and had to wait for her pick up schedule, would she be granted PRTD when she travels outside Canada with her PR card still under DM and considering her situation (only completed RO after PR card expired)?

 

[dpenabill]

Hello there! Helping a friend here!

My close friend applied for a PR card renewal. However, she sent a PR card renewal application only to realize she made a big mistake of miscalculating her RO. She lacks 730 days when she submitted it! She was only able to complete her RO several months after she applied for renewal and after her card expired.

Now, her application is under "decision made" and when she called IRCC, they told her it was sent to the local office for pick up. She had no idea when she could get her renewed PR card as the offices are not open for pick up yet accdg to her.

Her concerns are:

(1) Could she re-apply for another PR card renewal application since she already completed her RO (and tell the IRCC to disregard the old one even if the application is already under DM)?

(2) Assuming that she was not able to re-apply and had to wait for her pick up schedule, would she be granted PRTD when she travels outside Canada with her PR card still under DM and considering her situation (only completed RO after PR card expired)?

Assume the following is in regards to same situation:

Thank you! Not a question related to my post but... what if a person already applied when she was still short of RO? (She miscalculated it :<) Could she tell IRCC to disregard that application and re-apply again since she already completed 730 days of RO?

It is highly unlikely that an attempt to withdraw first application will accelerate when the PR actually gets a new PR card.

Days spent IN Canada after applying for a new PR card continue to count toward meeting RO compliance as long as no 44(1) Report has been prepared.

Generally (rarely otherwise) IRCC does NOT deny a PR card application because of a RO compliance issue. If IRCC proceeds toward making a decision based on the PR's failure to comply with the RO, the process is to conduct the formal RO compliance examination. If as of the date of that examination (based on date of interview or date of response to request to submit RO related information) the PR meets the RO (such as where the PR has additional credit for days in Canada after applying for the PR card), IRCC will not prepare a 44(1) Report. Note, if it did the Report would not be valid in law and is subject to being set aside, because again the PR gets credit for days in Canada unless a 44(1) has been prepared, so even after applying the PR gets credit for days in Canada up to the date a Report is actually prepared.

A new application is not likely to sufficiently verify, for IRCC, the PR is IN Canada, which is the primary reason an in-person pick-up is required. So a new application is not likely accelerate when the PR actually gets a new PR card.