Mishandled PRC Phase II application

[Kaplan]

I am an ex-pat from the U.S., retired lawyer of over 30 years distinguished legal practise, permanent resident in Canada, having accumulated more than 730 days physical presence in Canada, within the 5 year period immediately preceding the filing of my PR renewal request. I have re-established all ties, professional, social, etc. in Canada. My wife and two children, as well have fully relocated to Canada. So legitimate and compelling is my situation, that I could likely even qualify for citizenship, by way of adjudication, but I am most amenable to wait in queue, as must all fellow applicants.

Apparently, because I was able to provide only the operative pages of my previous passport, PRC-S referred my case to a local office. In the interim, my wife travelled back to the U.S. and was able to locate the previous passport, copies of all pages of which I immediately dispatched to CPC-S, which now capriciously refuses to recall the case file, for standard case processing.

The local office has requested documents, most of which I had already provided to CPC-S on several occasions, and has further requested from me border movement information of EXITS from Canada, although I have a letter from the CBSA/ASFC to the effect that they do not record EXITS from Canada for, inter alia, American citizens.

There have been serious deviations from ENF27, OP10, as well as of certain Operational Bulletins, in the mishandling of my application, and the requirement that I provide non-existent EXIT records from the CBSA/ASFC poses a somewhat formidable task, to state the least!

I have noted that there have been modifications to the IMM5444 forms; to wit: as of 06-2013 the IMM5444 form provides that the applicant may elect to allow the CIC to procure border movement information directly from the CBSA/ASFC, a most expeditious method. This option was not available with the 02-2013 form, which was current at the time of my submission. EVERYONE SHOULD PAY SPECIAL ATTENTION TO USE THE CURRENT APPLICATION!

I would appreciate any suggestions.

 

[Msafiri]

If you did not submit the required documents at time of application or if CIC are unable to verify your declared days they refer the application to the local office and will issue a residence questionnaire. Since the burden of proof is on the applicant if you need your application to be completed then submit what has been requested. If you can't get a document or there is a delay then write to CIC. Due to the historic lack of stamping for US/ Canada travel especially at land border crossings CIC will usually ask both PR Card renewal and Canadian Citizenship applicants with US ties e.g. Work visas, GC, US ppt and a history of travel to the US for additional proof of residence.

Just because you mailed in your previous passport details doesn't switch you back to the standard processing line...your application is non routine and will stay that way until CIC has all the documents they need and can make a decision. You don't move lines is the message you just get processed whenever CIC get to you. You can re-apply with all the required documents and a new fee. Include in the new application a letter withdrawing the original application. You may or may not get standard processing.

If you travelled to the US each time you left Canada then CBP entry records count as Canadian exits. CBP will provide your entry records on application - there is a 6 month backlog at this time. CBSA will provid Canada entry records.

If you still find the process unreasonable then approach your MP and/or take it the Federal Court (writ of Mandamus)...they will most likely side with CIC on this.