hi
can some with a PRTD (6moths validity, single entry) delay his/her travel to Canada and apply for PRC (via Portal) from outside of Canada and travel once the application is processed and cards are mailed -this is just to avoid a 2 month waiting period.
or is it advisable to apply for PRC while in Canada and leave if you have to. later if cards are mailed, someone can bring in person?
thanks
As addressed in the discussion in another thread, where you posed a similar query, the situation involves some tangled tangents, which I am further addressing there, but for here, for now, just as both
@Ponga and
@PMM stated, a PR must be IN Canada to apply for a PR card . . . that is . . .
NO, a PR abroad cannot apply for PR card from outside Canada.
The other side of this was also addressed by
@scylla:
She should only select "inside Canada" if she is physically inside of Canada when she submits the application. Otherwise she's misrepresenting herself in the application.
Yeah. The current application form requires the applicant to declare whether they are "
in Canada" or "
outside Canada." The form only allows the PR to proceed completing an application for a PR card IF, and only IF, they declare they are IN Canada.
False declarations are misrepresentation. That's a stand alone ground for inadmissibility. That path generally leads to closing the door on a life in Canada.
If a PR issued a PR Travel Document cannot return to Canada before the TD expires, they can apply again for another PR TD. How that would turn out is complicated and depends on the facts in the particular case. If they have a strong H&C case, which of course will need to further cover the failure to return to Canada since the earlier PR TD was granted, they can again be issued a new PR TD. Obviously
that would be risky, as it would depend on the exercise of the visa office's discretion in favour of allowing the PR to keep status for H&C reasons.
CAVEAT: (regarding any temptation to challenge IRCC about this, or to proceed with a PR card application by checking either of the "in Canada" boxes despite not being in Canada):
There may be suggestions this can be challenged (discussed elsewhere), and some may be more militant and advocate it should be challenged, BUT, apart from it being obvious that your daughter's situation is
NOT a good candidate for making that case, NOT anywhere near close, that would be a long, difficult, inconvenient road even for a PR in the best possible position to challenge IRCC about this. And
any such challenge is quite likely to fail, again even for a PR in the best possible position to challenge IRCC about this. (Odds of a successful challenge are probably so low it may be very difficult to find a lawyer to take the case, and it's far too complex to have any chance of even getting leave to review, let alone succeed, to pursue without a damn good lawyer.)
I mention this because one way some might think to challenge this would be a very bad idea: that is, a way to challenge this is NOT, absolutely NOT, to make the application by checking a box declaring the PR is in Canada if they are in actual fact not in Canada. The way IRCC has implemented this, requiring PRs to declare whether they are in or outside Canada, makes the issue about truthful versus false information. Even if IRCC has no authority at all to require PRs be present in Canada to be eligible for a PR card, that would in no way justify or excuse a misrepresentation.
In particular, IRCC has long had the policy requiring a PR to be IN Canada to be eligible to apply for a PR card, but many PRs have, until now, made the application by using an address in Canada. That is, despite the clear instructions as to eligibility, many PRs have ignored those and proceeded with making the PR card application from outside Canada anyway. And many succeeded (at least eventually, often later rather than sooner) in getting a new card based on that application.
Going forward, a PR should absolutely avoid any temptation to pursue that approach now. Misrepresentation is a big deal.
