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A legitimate success story or . . .

There is a lot we do not know about how all this went down, and there are significant incongruities in the OP's reporting, including some evasiveness and indications of misrepresentation. This includes what the OP reports here, where there are no significant consequences for lying, as well as in the transactions with IRCC for which there can be serious consequences. The possibility of suffering those consequences, by the way, never goes away; there are more than a few documented cases reflected in IAD decisions illustrating misrepresentation prosecutions brought many years after a misrepresentation, including misrepresentations made in PR card applications. If inadmissibility proceedings are later brought, typically that is attendant a later transaction with IRCC.

In any event we do not know, based on the OP's reporting, whether this is:
-- a they-got-away-with-it (for now) story, or​
-- just a story (timeline and mailed PR cards, alone, raise questions about the veracity of the OP's account here), or​
-- whether the details in the application and how they were presented were sufficient to result in, as the OP reports, successfully having new PR cards issued and mailed​

The latter is possible. This could be a straight-up, legitimate success story. The OP's reports here indicate a huge amount of information was submitted with the application. So, given that in conjunction with the information that is included in the application itself, in regards to address history and travel history, unless there were more egregious misrepresentations than merely checking the in-Canada box, despite not being in Canada, that suggests IRCC was given plenty of notice the PRs were outside Canada. So this could simply be a success story. Remember, the FC has ruled that being outside Canada when the application is made is not a sufficient basis for denying the application for a PR. (In an earlier post above I discuss this aspect in more depth.)

It might even be believable that this is the story, a legitimate success story, if not for the incongruities in the OP's reporting here. Among aspects of the OP's version that are incongruous, if not outright inconsistent, there is the questionable timeline and the questionable mailing of PR cards in this scenario. After all, if the information submitted made it clear the PRs were outside Canada and remained outside Canada, were not living in Canada and thus not truthfully having a Canadian residential address, for example, it is not likely IRCC would mail the PR cards.

That story would be more believable if there was a lawyer or consultant involved.

There is hope in such cases then. If you can , will you be able to share the format of letter that you prepared please.

How it goes for one person is not a good indicator of how to do things or how it will go for others. That is unless (of course) how it goes is consistent with what happens for others and, AND, it is consistent with what the rules, practices, and policies are. There's a lot here suggesting the OP's story is not consistent with what happens for others, and not consistent with the rules, practices, or policies.

Even if, as I detail above, the OP is relating a legitimate success story, that success would undoubtedly be based on the particular circumstances for the OP's parents, which clearly involved many details specific to them. Thus, even if it is a legitimate success story, it does not offer a map for others to follow.

Their status remains at risk longterm due to the misrepresentation.

This is true, assuming there were misrepresentations, which seems likely. Not just long-term but for life.

If the PR card application made it clear the PRs were outside Canada, that might make checking the in-Canada box merely an inconsistency not a misrepresentation. Timeline and mailing of cards suggest otherwise, as you previously discussed (above, last year in October), and OP's admission about breaking "a lot of rules" more than suggest something is off here . . . but based on what is shared here it is nonetheless difficult to conclusively say whether this is just a story, or a got-away-with-it (for now) story, or a legitimate success story.


Given how hard it is to sponsor parents it is shocking the risks people take.

Not really. Once the wife has shot and buried her husband in the back yard, even if it was justifiable homicide it would not be a surprise if she takes whatever risks are necessary to get-away-with-it rather than fess up.

Thing is, weighing the risks taken here would depend, in part, on what visa office would handle a PR Travel Document application relying on H&C relief (the more appropriate approach the OP's parent should have taken if they could not return to Canada before their PR cards expired).


Sadly mainly shows how incompetent IRCC and CBSA system are.

Maybe.

But since there is obviously a lot to this story that has not been honestly shared here, other PRs should not see this as offering an opportunity or, even, as a significant weakness in enforcement. Especially going forward. Again, enhanced data capturing in conjunction with expanding use of AI (especially the advanced analytics components), will undoubtedly shrink system integrity leaks considerably. And for now, given growing anti-immigrant sentiments, the trend still seems definitely toward more strict enforcement. Notwithstanding those stuff-happens instances.

Update: Smooth sailing at PoE (April). No complications whatsoever.

If there were misrepresentations made in the PR card application, especially if more than, or other than checking the in-Canada box, it would probably still be a good idea for them to consult with a lawyer and be upfront about what in the PR card application was not true, misleading, or evasive. Or, at least do that before they make another PR card application or engage in some other transaction with IRCC.
 
A legitimate success story or . . .

There is a lot we do not know about how all this went down, and there are significant incongruities in the OP's reporting, including some evasiveness and indications of misrepresentation. This includes what the OP reports here, where there are no significant consequences for lying, as well as in the transactions with IRCC for which there can be serious consequences. The possibility of suffering those consequences, by the way, never goes away; there are more than a few documented cases reflected in IAD decisions illustrating misrepresentation prosecutions brought many years after a misrepresentation, including misrepresentations made in PR card applications. If inadmissibility proceedings are later brought, typically that is attendant a later transaction with IRCC.

In any event we do not know, based on the OP's reporting, whether this is:
-- a they-got-away-with-it (for now) story, or​
-- just a story (timeline and mailed PR cards, alone, raise questions about the veracity of the OP's account here), or​
-- whether the details in the application and how they were presented were sufficient to result in, as the OP reports, successfully having new PR cards issued and mailed​

The latter is possible. This could be a straight-up, legitimate success story. The OP's reports here indicate a huge amount of information was submitted with the application. So, given that in conjunction with the information that is included in the application itself, in regards to address history and travel history, unless there were more egregious misrepresentations than merely checking the in-Canada box, despite not being in Canada, that suggests IRCC was given plenty of notice the PRs were outside Canada. So this could simply be a success story. Remember, the FC has ruled that being outside Canada when the application is made is not a sufficient basis for denying the application for a PR. (In an earlier post above I discuss this aspect in more depth.)

It might even be believable that this is the story, a legitimate success story, if not for the incongruities in the OP's reporting here. Among aspects of the OP's version that are incongruous, if not outright inconsistent, there is the questionable timeline and the questionable mailing of PR cards in this scenario. After all, if the information submitted made it clear the PRs were outside Canada and remained outside Canada, were not living in Canada and thus not truthfully having a Canadian residential address, for example, it is not likely IRCC would mail the PR cards.

That story would be more believable if there was a lawyer or consultant involved.



How it goes for one person is not a good indicator of how to do things or how it will go for others. That is unless (of course) how it goes is consistent with what happens for others and, AND, it is consistent with what the rules, practices, and policies are. There's a lot here suggesting the OP's story is not consistent with what happens for others, and not consistent with the rules, practices, or policies.

Even if, as I detail above, the OP is relating a legitimate success story, that success would undoubtedly be based on the particular circumstances for the OP's parents, which clearly involved many details specific to them. Thus, even if it is a legitimate success story, it does not offer a map for others to follow.



This is true, assuming there were misrepresentations, which seems likely. Not just long-term but for life.

If the PR card application made it clear the PRs were outside Canada, that might make checking the in-Canada box merely an inconsistency not a misrepresentation. Timeline and mailing of cards suggest otherwise, as you previously discussed (above, last year in October), and OP's admission about breaking "a lot of rules" more than suggest something is off here . . . but based on what is shared here it is nonetheless difficult to conclusively say whether this is just a story, or a got-away-with-it (for now) story, or a legitimate success story.




Not really. Once the wife has shot and buried her husband in the back yard, even if it was justifiable homicide it would not be a surprise if she takes whatever risks are necessary to get-away-with-it rather than fess up.

Thing is, weighing the risks taken here would depend, in part, on what visa office would handle a PR Travel Document application relying on H&C relief (the more appropriate approach the OP's parent should have taken if they could not return to Canada before their PR cards expired).

General statement. We see a lot of people taking a lot of risks when it comes to PR obtained through PGP. Partially CBSA/ IRCCs and Canada in general’s fault for being fairly lax when it comes to enforcement for a very long period of time. As Canada attempts to tighten up enforcement and as pathways for parents to remain in Canada permanently decrease while demand skyrockets securing PGP is essentially winning the lottery for most families. Sadly many are not making plans for their families to return or remain in their home countries longterm and are assuming Canada will not remove seniors which they will be forced to do. As hospitals operate in the red they will also be a lot less flexible about things like payment plans or willing to absorb non-emergency care.
 
Dosen't the PR Portal upfront ask applicants whether they are in Canada or outside Canada, and re- direct them to a PR card renewal or PRTD. How is it possible that a PR card renewal be submitted outside Canada even if the applicant may or may not meet the residency obligation. Because you cannot proceed further without checking the box 'in Canada' for a PR card renewal.
 
Dosen't the PR Portal upfront ask applicants whether they are in Canada or outside Canada, and re- direct them to a PR card renewal or PRTD. How is it possible that a PR card renewal be submitted outside Canada even if the applicant may or may not meet the residency obligation. Because you cannot proceed further without checking the box 'in Canada' for a PR card renewal.

This has been referenced and discussed multiple times in this thread.

So, yes, whether applying online or using the interactive PDF application form, the applicant must declare whether they are in Canada or not, and they can only proceed with making a PR card application if the [IN-Canada] box is checked (otherwise the form automatically proceeds to making an application for a PR Travel Document).

Since, according to the OP, these were online applications and were processed on a not-complex timeline (despite being in breach of the RO and submitting information to obtain H&C relief, which in itself would ordinarily make it at least a complex, if not high-complex application, resulting in a longer processing timeline), it is almost certain these PRs (the OP's parents) checked the [IN-Canada] box.

This on its face appears to be an overt, explicit misrepresentation.

And this may get the application past completeness screening. That is, even if other information submitted with the application clearly indicated the PR applicants were outside Canada, checking the [IN-Canada] box is probably sufficient to pass completeness screening (which almost certainly is a machine-screening process), so that the application would be opened and processed as is, that is as a PR card application.

The OP was asked about this back in October:

Am curious, however, how they got around the requirement to be IN Canada when they made the application for new PR cards.

The OP responded:

Yeah, about that…

We decided that we will focus more on the tone and the content of the letter and hope for the best.
We took a chance really TBH following the spirit of the law and applied as if they were here.

Reference to "following the spirit of the law" is, of course, horse pucky (one among numerous less than honest aspects of the OP's story, making it difficult to know what the real story is).

Submitting false information is not, not in any way, following the spirit of the law. The instructions are entirely clear about making the application while IN Canada, the form is clear, and the law likewise. The regulations governing PR cards specifically provide, in Section 56(2) IRPA, the following:
(2) An application for a permanent resident card must be made in Canada . . .
Section 53(2) goes on to enumerate, in detail, what information must be submitted to make a PR card application.​

There is a wrinkle, which has also been discussed in the thread above, given a Federal Court decision which ruled a PR card application cannot be denied only on the basis the PR was outside Canada when the application was made. That, however, is certainly no license to give false information in making the application.

@canuck78 also addressed this:
Were they very clear they were abroad and applied for the PR card renewal while outside of Canada?
The OP responded:
Looks like we broke a lot of rules…;)

Here again, the blatant inconsistency between claiming to follow the "spirit" of the law versus admitting to breaking "a lot of rules" suggests the OP's account is not trustworthy (not close actually).

It is nonetheless possible this is a legitimate success story, as I discussed just two days ago. Not likely, but possible. (See my response here preceding your post for an answer to your "how is it possible" query.)