Waiting for PR for more than 3 months

[seogo]

Hello! I'm glad i found this place

I was searching around for answers for my PR situation and came across this forum. MY PR card application is taking more than 3 months to process and when I type in my ID online to check the status it says not recognized. This has been a problem from the start.

My Situation: My family applied for PR in Ontario and we became landed immigrants in Aug 2008. My PR card expires mid-August 2013. Before applying for renewal in mid-June 2012 I had stayed in Canada for a total of around 150 days. After applying for renewal I have not left the country and intend to complete my 2 years. When we had landed here, me and my spouse had bought property and now currently own two properties in Ontario.We have been paying our mortgages and property tax. I resided in middle east with my husband and son who is doing his high-school years in a slow learners school. My husband's job supports our 2 daughters in University and sons schooling, and so him leaving his job in the middle east is not an option. I however can stay in Canada to complete the 2 years if I must. One of my daughters had completed her 3 out of 5 years BEFORE applying for citizenship. She also applied in mid-June 2012. She is a University student in Toronto. Her PR also expires mid-Aug 2013. She has received the booklet for studying for her citizenship but we not sure if this indicates her application was successful.

I would like to know what are the chances of a successful PR renewal and if rejected what my next steps should be? I gratefully appreciate any insight the knowledgeable people here can give me. If any further information on the scenario is required to make a good judgement please feel free to ask.

Thank you

 

[scylla]

Am I correct in understanding that you have already submitted an application to renew your PR card and that when you submitted your renewal application, you only had 150 physical days in Canada? If so, then you should be expecting a refusal. Also, since you applied to renew your status over a year before the expiry date on your PR card, I think it's going to be a while before you hear back.

If I was in your shoes, I would withdraw your application, remain in Canada until you have at least 730 days of physical residency in the last 5 years and then apply to renew your PR card then.

Right now you don't qualify.

 

[scylla]

One of my daughters had completed her 3 out of 5 years BEFORE applying for citizenship. She also applied in mid-June 2012. She is a University student in Toronto. Her PR also expires mid-Aug 2013. She has received the booklet for studying for her citizenship but we not sure if this indicates her application was successful.

Just to add...

I assume your daughter has completed 3 out of 4 years in Canada (not 3 out of 5). The residency requirement to qualify for citizenship is 3 years in the last 4 years.

And no - receiving the booklet is not necessarily an indicator of success.

 

[seogo]

Yes this is her fourth year. She finished 3 out of 4 years before applying. My husband (also PR) works at a Canadian franchise private hospital in the middle east. I saw a section stating

"If you were outside Canada for 1095 days or more in the past five years

If applicable:

proof of your relationship to the Canadian citizen you accompanied abroad and proof of his or her citizenship; and
proof that your Canadian citizen spouse was outside Canada with you; or
proof of your full-time employment to a Canadian business abroad

"If you were accompanying a permanent resident of Canada working for a Canadian business abroad:

proof of your relationship to this person
proof of his or her full-time employment
proof of his or her permanent resident status
For more information, see Appendix A - Residency Obligation"

Could I be allowed PR under this condition. If they do refuse does my current PR valid till aug 2013 also get revoked?

Thank you for your quick reply!

 

[seogo]

Sorry for the crazy number of questions - also if i were to withdraw would it affect my PR status or my chances of gaining a PR after completing the two years? Thank you!!

 

[scylla]

Yes - in some cases the time spent working outside of Canada for a Canadian company can count towards retaining PR status. However the rules are very specific and may not apply to you and your husband. Was your husband first hired in Canada for a job IN Canada - and then after working in Canada for a while was transferred outside of the country? If the answer is no - then the job he has now won't help him maintain his PR status while outside of the country. If the answer is yes - then the following requirements must also be met:

You may count each day you worked outside Canada provided that your employment meets the following criteria:

- you are an employee of, or under contract to, a Canadian business or the public service of Canada or of a province and
- you are assigned on a full-time basis to:
- a position outside Canada
- an affiliated enterprise outside Canada or
- a client of the Canadian business or the public service outside Canada

For the purposes of this application, a Canadian business is defined as:

- a corporation that is incorporated under the laws of Canada or of a province and that has an ongoing operation in Canada
- an enterprise that has:
- an ongoing operation in Canada
- is capable of generating revenue
- is carried out in anticipation of profit
- in which a majority of voting or ownership interests is held by Canadian citizens, permanent residents,
or Canadian businesses as defined above or
- an organization or enterprise created by the laws of Canada or a province

Supporting documents:

You must enclose a letter of declaration signed by an official of the business that indicates:

- the position and title of the signing official
- the nature of the business and how it fits the description of a Canadian business (see definition above)
- details of your assignment or contract outside Canada such as — duration of the assignment; confirmation that you are a full-time employee of the “Canadian business” working abroad on a full-time basis as a term of their employment, or you are on contract working on a full-time basis abroad as a term of their contract; and a description or copy of the position profile regarding the assignment or contract abroad
- confirmation that the business has not been created primarily for the purpose of allowing you to satisfy your residency obligation

You may also include:

- articles of incorporation and business licences
- partnership agreements and / or corporate annual reports
- corporate Canadian Income Tax Notices of Assessment and / or financial statements
- copies of the Employee Assignment Agreement or Contract
- copies of any agreements between the Canadian business and the business or client outside Canada
- concerning your assignment to that client or business
- Pay Statement(s)
- Canadian Income Tax Notice of Assessment
- T4 slips

http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp#appendixA

 

[seogo]

Scylla, thank you very much for the prompt reply.

My husband was not first issued a job in Canada and then transferred. He had obtained the job in that franchise as they needed a head neurosurgery specialist. So by your advice we wouldn't be able to claim on those grounds.We do have an active joint Canadian Bank Account from a major bank,have canadian credit hsitory, have been paying phone bills and payed our tax return this year. If I understand correctly none of this would count if my 2 yrs aren't completed? Here are my revised main concerns:

If so, would withdrawal right now affect my current PR status till 2013? Would refusal of my PR application affect my current PR card valid till 2013?

Would my withdrawal affect chances of renewal after I apply on completion of 2 years?

And, Would a refusal affect my daughter sponsoring us if she gets her Canadian citizenship? As she has met the criteria.

Thank you for your considerate time. I really appreciate this.

 

[scylla]

Scylla, thank you very much for the prompt reply.

My husband was not first issued a job in Canada and then transferred. He had obtained the job in that franchise as they needed a head neurosurgery specialist. So by your advice we wouldn't be able to claim on those grounds.We do have an active joint Canadian Bank Account from a major bank,have canadian credit hsitory, have been paying phone bills and payed our tax return this year. If I understand correctly none of this would count if my 2 yrs aren't completed? Here are my revised main concerns:

If so, would withdrawal right now affect my current PR status till 2013? Would refusal of my PR application affect my current PR card valid till 2013?

Would my withdrawal affect chances of renewal after I apply on completion of 2 years?

And, Would a refusal affect my daughter sponsoring us if she gets her Canadian citizenship? As she has met the criteria.

Thank you for your considerate time. I really appreciate this.

Unfortunately it doesn't sound like your husband's job will allow him to count the time spend outside of Canada as time spent in Canada for PR retention purposes.

Correct - the fact that you have bank accounts, phone bills, paid taxes, etc. counts for nothing. You need to meet the residency requirement to retain your PR status.

If you withdraw your PR renewal application and CIC accepts your withdrawl, then you should be able to renew your PR card without any issues once you have met the residency requirement and re-submitted your application.

A refusal will not affect your daughter's ability to sponsor you in the future. However keep in mind that CIC is not accepting parent/grandparent sponsorship applications at this time. And while your daughter may meet the criteria now, when CIC begins accepting parent/grandparent sponsorship applications again (likely late next year), many of us expect the criteria for sponsoring will change - possibly quite significantly.