PR renewal file transferred to local office in sep 2013- awaiting reply.

[tekraja]

Hi leon /scylla and all experts,

as informed earlier on this forum

I landed in 2008 june and then went back to my work place and then came back with family in 2010 july. My spouse pr has already been renewed and my kid is a canadian citizen. my wife is employed here and both are staying here full time.

my pr expired in july 2013 and i had completed roughly around 400 days. I had to go ahead to apply for renewal as i needed to travel again knowing that i have not completed my residency obligation. cic received my application july 1st week for renewal.

I have my own incorporation in ontario with some clients in ontario , some in india and a few in middle east .I do pay my personal taxes monthly as well as the incorporation taxes on yearly basis for the last 3 years from the day i have landed.

I called cic and the agent informed me that my file has been transferred to local office and they shall get in touch with me if they require additional documents.

along with the application i have submitted all documents T4/t2 , my priority bills ,doctor visits, insurances , property paper , just about everything .

I have to travel in october on a business visit and would like to know what happens next.

1) how long does the local cic office take for the application to be processed.
2) As i have submitted a list of documents that proves my ties to the country . if local cic office does not need any information from me will they approve the application and send it back to cic to issue the pr card .

the agent informed me that if the local office wants any further information they will send me a letter else they will send back the pr application to them after reviewing and putting their comments.

what would be my best option now as i need to travel. can i take the risk of applying a travel document from the country i am visiting knowing that the TD will be approved as have a daughter who is a minor and my wife stays here full time and have all documentation which shows my ties to the country.

i do have a US visa , can i cross by car the canada border showing them my landing document and informing that pr renewal is under process. will they allow me to enter.

is there any way that i can contact the local cic office and know whats the status to expediate it.

request your expert advise so that i can decide.

thanks in advance.

 

[Msafiri]

You are in the same situation as the poster in the thread below - you need to start thinking real quick about withdrawing the PR Card renewal application. The law refers to the Residence Obligation as being a physical presence requirement with exceptions none of which apply to you in the slightest. You keep referring to ties to Canada - they can be considered when reviewing an appeal on H&C grounds within a range/ when one of multiple factors not as the sole reason/ justification for a PR Card renewal.

http://www.canadavisa.com/canada-immigration-discussion-board/letter-for-an-interview-for-determination-of-permanent-resident-status-t165932.0.html

 

[tekraja]

hi Msafiri,

Thanks for the reply. I spoke to agent today and they informed me that my file is transferred to Hamilton office and it will take 10 months to process the same.

She said that they might request for some additional documents.

I told that i will be traveling on business purpose in october for which they informed me that you can send your proof of travel etc to them and they will revert back after reviewing the same whether the same can be processed faster.

she informed me that i can apply for a travel document from the country i am visiting as she cannot say when the interview will be scheduled . She told me it is not going to be anytime soon.

Now I need to travel as have some important meetings lined up and cant wait for so long. I am planning to apply a travel document from the country i am visiting and once my spouse receives my letter for interview i am planning to come back.

is this a good way to go about it. kindly suggest other than withdrawing the application do i stand any change of getting the pr renewed if i request them to process on humanitarian grounds as i have a daughter 1year who is a Canadian citizen.

thanks again.

 

[scylla]

kindly suggest other than withdrawing the application do i stand any change of getting the pr renewed if i request them to process on humanitarian grounds as i have a daughter 1year who is a Canadian citizen.

I don't think you stand a good chance of having your PR renewed on H&C grounds unfortunately.

You don't have any real H&C reasons for failing to meet the residency requirement. H&C reasons that CIC accepts for failing to meet your residency requirement are things like being hospitalized or otherwise seriously ill and unable to travel - or having to take care of a very ill family member back home. Reasons that are typically not accepted for H&C are attending school outside of Canada and working outside of Canada.

I think you have an uphill battle ahead of you.

 

[Msafiri]

tekraja,

1. CIC can't and don't give PRs a free pass on the Residence Obligation (RO) just because they have citizen kids. This especially when the RO is a weak 40% (2/5 years) and you barely get to half of this!

2. When you apply for a Travel Document the visa office will carry out an RO review in the 5 year period prior to the application date. You don't meet the RO so your TD application will be refused.

3. The TD application process could easily take 4-6 weeks to process or more if the visa post needs to interview you or asks for more evidence of your presence in Canada.

4. You can't rely on an interview letter for PR Card renewal to supersede the immigration laws such that it compels visa post to issue TD - its all based on the RO.

5. When your TD application is refused you have to appeal and then wait for a TD to come back to Canada for your hearing. For this reason don't apply for a TD but instead cross via a US land border with your COPR. Expect a grilling at Secondary Inspection. You risk being reported too which is the start of formal proceedings to revoke your PR.

6. Call Center agent reading of a script - yes you can try and apply to switch your application to urgent via submitting travel but it won't work this time as your case has been referred to the local office and is outside any regular processing timelines.

I think you don't realize the seriousness of the situation you are in. You need to decide to either keep your PR or keep working abroad. Your profile is one the courts see all the time which is a lifestyle choice to work abroad...as compelling as this is to you its not the case for CIC/the courts. Why can't you work in Canada? When CIC lawyer asks at any hearing that you have been away from your citizen child for so long as to lose PR so you can't be that attached to him/her yet want this to be a reason to get a pass what will you say? Loss of PR will take some time but is inevitable with the profile you have...if you want to buy time till this happens you can go through the relevant appeal processes.

Your spouse can always sponsor you again if all you need is a 5 Year PR Card to allow you easy entry into Canada.

 

[tekraja]

hi Msafiri,

thanks for the detailed reply. appreciate it.

I understand the seriousness so exploring all options available.

anyways trying to be positive . have sent request for urgent processing and awaiting reply.fingers crossed.

thanks again.

 

[Msafiri]

hi Msafiri,

thanks for the detailed reply. appreciate it.

I understand the seriousness so exploring all options available.

anyways trying to be positive . have sent request for urgent processing and awaiting reply.fingers crossed.

thanks again.

Good luck. CIC may just pleasantly surprise you and issue a PR Card. Keep us updated.

 

[sssmmm1234]

HI tekraja

Did u apply for urgent processing after the file got transferred to local office or before itself?
I am in the same situation. Mine got transferred to local office

Thank you

 

[tekraja]

hi ,

had applied for urgent processing after the file got transferred to the local office.

as Msafiri said once the file is transferred to the local office urgent processing is not possible.

got a mail from cic informing me

We added a note to your file . However, in these cases, there is no urgent processing.

so now the only thing that can be done is to wait for communication from the local office and I also want to know the time span if someone is in the same situation that i am in.

Msafiri - please let me know.

can i approach local office directly for PR card processing.

thanks.

 

[Msafiri]

1. No you can't approach the Local Office - they work on an appointments basis as scheduled by CIC. Your file is set for further detailed review and you've been advised it will take 10 months to process. Urgent processing for 'referred files' would defeat the rational behind this referral would it not?

2. You are playing Russian Roulette with your PR and are setting yourself up for being reported when you show up at the border if you go with the land border option - CIC have further flagged your file to show your urgent request.

3. Relinquish voluntarily or appeal any report then follow with sponsorship seems to be your only options since you only really need the PR Card for ease of entry into Canada and are not really residing in Canada at this time.

 

[tekraja]

hi Msafiri

Further to what you said as I am supposed to leave the country due to my commitments and i called CIC to check whether they can send me a mail or any correspondence that my pr is under review or under process , so with the same letter i could apply for TD from the country i am visiting.

She said it was not possible, but told me that i can send a request letter to local office requesting for the status of the PR and await their reply.

You mentioned that one cannot contact the local cic office then how come i was told to send a request letter to the local office.

can you give me more information about it.thanks again.

 

[Msafiri]

1. You refer in your earlier post to making an approach to the local CIC office - my interpretation of the literal definition and that you are displaying a sense of urgency was that you intended to show up in person. This won't work you would just be sent away since CIC offices no longer have a walk in option but deal on an appointments basis. In practice any individual can call, fax or mail the local office all you want and hope someone gets back to you.

2. With respect your handling of this is like watching an accident happen in front of you and no matter how hard you try to warn the person they just keep going with the single mind of reaching their destination. Why should any CIC employee give you a letter that lets you breach the RO and get a TD...the agents as I said earlier are reading off a script so they will tell your options i.e. contact the local office...you already know it will take 10 months to resolve..there is no way you can expedite this.

3. Sorry it doesn't matter how often you ask or chase up CIC on this. Profile is that you are in breach of the RO, you've brought this to the attention of CIC, they are investigating you, you are leaving the country despite this, you expect to apply for a TD despite the breach. As per case law, the immigration legislation and threads on this forum when you apply for a TD and it gets refused then your current PR Card processing will be cancelled. CIC will proceed to issue you a 1 year validity PR Card pending an appeal subject to you providing them with proof of the appeal. If you only need a PR Card for travel then sure appeal - until its disposed off you will get one year validity PR Cards. Appeals take 12-18 months for listing before the Immigration Board which gives you time to think about sponsorship as the only viable long term option. Alternatively keep entering via the US knowing that at each entry you risk being reported.

4. What are your travel plans after this trip? If you get back in via the US without being reported form this particular trip and can get to 730 days then withdraw the PR Card renewal application and re-apply when you meet the RO but it seems you are always travelling so maybe this won't work out for you.

5. Your employment must be quite something for you to jeopardize your PR. Do you value your PR is the question you need to ask yourself.

 

[tekraja]

To all those who should never give up and keep trying.

as they say there is light always at the end of the tunnel. with due respect to all who gave their valuable suggestions at times life does surprise you. so just holding on and being patient , does reap you the results.

pr card received . no interviews no questions.

my valuable advise to all who have not completed their residency obligation is submit all documents that prove your ties to the country, BE HONEST.

cic does look into every document and would consider if your are genuine.

it is not mandatory that you apply on humanitarian grounds even if you are eligible for it , submit your documents with a detailed letter explaining why you were not able to adhere to the residency obligation.

if you are honest and can prove it with supporting documents you are through.

my purpose to post this reply , is for people who have lost hopes to reunite with family or are looking to make canada their home but have not finished their residency obligation, be honest , submit all documents , it is worth it. . all the best .

 

[benk]

tekraja,

When you received your renewed PR card, how long is its validity -- 5 years or 1 year? Be aware that they have put a note in your file or something... so the next time you enter Canada, the immigration officer might see this note.

Also, note that even if the renewed PR card is valid for the next 5 years, every time you enter the port of entry into Canada, the immigration officer will examine you and determine if you have fulfilled your RO in the last 5 years from the date of the examination. Since you have < 730 days, you might have some issues... Just a thought though...

 

[Msafiri]

I recall saying CIC may just pleasantly surprise you and they sure have...congratulations on successfully getting the renewal.

You would need to see your GCMS note to confirm but it appears the CIC officer reviewing your file decided to approve this on H&C grounds that he/she decided upon because it doesn't pass on a point of law and he/she can't randomly disregard the legislation.

One thing this does show is the absurdity of the RO if as can be seen on multiple threads here and case law that different PRs get different outcomes for a breach. Some PRs have as little as a 50 days shortfall but get reported, fail at appeal and are issues removal orders.