PR card renewal interview

[Leon]

In most cases, they will probably not ask for proof of residency unless they find something suspicious in your application. They will have the dates you entered Canada but probably not the dates you left although they can probably get some of the dates you left by asking for information from other countries such as the US.

One member of this board was actually denied picking up his PR card after they saw all the stamps in his passport. They withheld the new PR card until he would prove to them that he met the residency requirements.

 

[qwerbilzak]

Leon, PMM:

This question's academic, but this conversation has me curious.

If an American citizen had PR, and stayed out of Canada too long and so didn't meet residency requirements, could that person just enter Canada on an American passport and not say anything about residency, not show the PR card, then stay the required 2 years, etc?

Or are all the names at border crossings/passport numbers in a big database, cross-checked, etc?

Thanks!

 

[PMM]

Hi

Leon, PMM:

This question's academic, but this conversation has me curious.

If an American citizen had PR, and stayed out of Canada too long and so didn't meet residency requirements, could that person just enter Canada on an American passport and not say anything about residency, not show the PR card, then stay the required 2 years, etc?

Or are all the names at border crossings/passport numbers in a big database, cross-checked, etc?

Thanks!

All PRs names are in FOSS so very easy to check.

 

[qwerbilzak]

But why would they check the name of an American passport holder against FOSS?

Or do they run EVERY name through it these days because of heightened security issues?

 

[PMM]

Hi

But why would they check the name of an American passport holder against FOSS?

Or do they run EVERY name through it these days because of heightened security issues?

They don't run everyone, but they do check to see if there is any record as a visitor/worker/refusal/removal/PR. US citizens are not exempt. If you search CanLII for residency obligation+United States, you will find a few.

 

[qwerbilzak]

Thanks, PMM. Interesting.

 

[black crow]

well i see changes in the rules continuously.
at the time we were given landing papers, we were told that for citizenship claim we will have to stay 3 out of 5 years in canada (not cintinuously) , and for PR card renewal this period was 2 out of 5 years (not continuously).
whats the latest situation ? i came to know that for citizenship this period is 3 out of 4 years and it must be continuous . am i right ?
what about PR card renewal , is it sill 2 out of 5 and shoud it be continuous ?

will my application be assessed under the laws prevailed at the time of our landing in canada or the amneded ones ?

 

[Alabaman]

well i see changes in the rules continuously.
at the time we were given landing papers, we were told that for citizenship claim we will have to stay 3 out of 5 years in canada (not cintinuously) , and for PR card renewal this period was 2 out of 5 years (not continuously).
whats the latest situation ? i came to know that for citizenship this period is 3 out of 4 years and it must be continuous . am i right ?
what about PR card renewal , is it sill 2 out of 5 and shoud it be continuous ?

will my application be assessed under the laws prevailed at the time of our landing in canada or the amneded ones ?

PR = 2 years cumulative out of 5 years
Citizeship = 3 years cumulative out of 4 years

 

[lovelinebarbosa]

The officer did not ask a lot where I work and how much they earn per year. I get my new card by mail in 4-5 weeks. However, an important piece of information when cases are approved H & C daily lived above are lost and the number starts from the day the case is approved .... I speak with the public.

 

[responsible]

Hi Leon,

I landed in Aug 2005 but moved permanently in Aug 2009. In Dec 2009 I applied for PR card renewal because my card expired in Aug 2010. In the application I clearly indicated that I was out of the country for 4 years out of 5. My wife worked for the company that is registered in Canada but doesn’t have ongoing operations in Canada (So it does not fall under definition of Canadian business as defined by immigration law. We learned it when we permanently moved to Canada in 2009.)

In Nov 2010 we received an invitation for an interview which will be held in early January 2011. (Our PR cards expired in Aug 2010) I think that because this Canadian company doesn’t fully comply with the definition, the immigration will tell us that we breached the residency requirements of two years presence in Canada.
By the time we go to immigration interview, we will be here for 1 year and 4 months. We have three kids, two elder ones go to primary school.

1) What should we expect during the interview: focus on past explanation or on current and future situation?
2) Will the officer consider humanitarian grounds? What can fall under definition of Humanitarian and Compassionate ground (H&C)
3) Maybe we should fail to report to the interview, wait and accumulate 730 days in Canada and then reapply for cards renewal? What will happen if we follow this scenario?
4) Do we need a lawyer for our case?
Thank you, guys.

 

[Leon]

1) What should we expect during the interview: focus on past explanation or on current and future situation?
2) Will the officer consider humanitarian grounds? What can fall under definition of Humanitarian and Compassionate ground (H&C)
3) Maybe we should fail to report to the interview, wait and accumulate 730 days in Canada and then reapply for cards renewal? What will happen if we follow this scenario?
4) Do we need a lawyer for our case?
Thank you, guys.

1) Say you were stupid and thought that your PR was protected by your wifes work in a Canadian business.

2) Say that your children are settled in Canada now as are you and it would be a huge uprooting for the family if you were to be deported.

3) Not showing up to the interview will not help as you have already brought yourself under investigation by applying for a PR card too early. What you should have done as other people in the same situation would have been to wait to apply for a PR card renewal until you had 730 days.

4) I am sure that a good lawyer might help with some more ideas/angles and probably will not hurt your case.

 

[responsible]

The immigration lawyer mentioned that they will get all information about our file from CIC. So that they can see our case from CIC perspective. Is it possible at all?
How to find a trustworthy immigration lawyer?
Thank you, guys

 

[Leon]

You or your lawyer can order information from CIC to find out what is going on with you case. I don't personally know any lawyers but I heard that the one who runs this website is good. Go to http://www.canadavisa.com/