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Personal interview for Canadian PR card renewal

rick45

Member
May 18, 2012
12
0
I am a US citizen and have been working in the US. I ensured that I had 750 days in the preceding 5 year period at the time of applying for for the renewal of my Canadian PR.

PRCC Sydney emailed me after about 2 months asking for copies of all my passports and my entry/exit records + any additional documentation to prove my physical presence within 30 days. I mailed some of the documentation within 30 days from the US and also requested an extension via email for getting entry/exit records. PRCC never replied to any of my emails but I mailed some additional documention (CBSA's entry record for enteries into Canada) between 45-60 days of initial letter from PRCC. It took me almost 100 days to receive US entry/exit records which I promptly mailed to PRCC Sydney. I never received any acknowledgement emails from them nor did I get any notifications online.

I have now received a letter at the Canadian address that I had listed stating that "All permanent residents of Canada are subject to residency assessment at the time of distribution of their Permanent Residency card. An immigration officer will review your documents and may request additional information to determine your eligibility for a PR card." I need to bring in my passport copies, NOAs etc to the Etobicoke office.

Given my circumstances, I am assuming that interview is normal. My question is:

1. What kind of questions IRCC will ask me?
2. Does IRCC only looks at the 5 year preceding the date of my application or does it also focuses on whether or not a person will be able to meet the physical presence requirements in the next 5 years?
3. Assuming my PR card is renewed, does the new issue date start from the date listed in my renewal application or the date they approve my renewal? And is it again valid for 5 years?

Any other suggestions will also be appreciated

Thanks a lot!
 

dpenabill

VIP Member
Apr 2, 2010
4,314
1,459
I am a US citizen and have been working in the US. I ensured that I had 750 days in the preceding 5 year period at the time of applying for for the renewal of my Canadian PR.

PRCC Sydney emailed me after about 2 months asking for copies of all my passports and my entry/exit records + any additional documentation to prove my physical presence within 30 days. I mailed some of the documentation within 30 days from the US and also requested an extension via email for getting entry/exit records. PRCC never replied to any of my emails but I mailed some additional documention (CBSA's entry record for enteries into Canada) between 45-60 days of initial letter from PRCC. It took me almost 100 days to receive US entry/exit records which I promptly mailed to PRCC Sydney. I never received any acknowledgement emails from them nor did I get any notifications online.

I have now received a letter at the Canadian address that I had listed stating that "All permanent residents of Canada are subject to residency assessment at the time of distribution of their Permanent Residency card. An immigration officer will review your documents and may request additional information to determine your eligibility for a PR card." I need to bring in my passport copies, NOAs etc to the Etobicoke office.

Given my circumstances, I am assuming that interview is normal. My question is:

1. What kind of questions IRCC will ask me?
2. Does IRCC only looks at the 5 year preceding the date of my application or does it also focuses on whether or not a person will be able to meet the physical presence requirements in the next 5 years?
3. Assuming my PR card is renewed, does the new issue date start from the date listed in my renewal application or the date they approve my renewal? And is it again valid for 5 years?

Any other suggestions will also be appreciated

Thanks a lot!
There are two different types of interviews for PRs with PR card (PRC) applications pending. I cannot discern, from what you posted, which it is.

One type is the counter interview. Many PRs are scheduled for a counter interview attendant having to pick up their PRC in person. Mailing the card is the routine, but being required to pick-up the card in person is common, and attendant this there is an interview to verify the information. As long as all the information you provided was accurate, this should not be a problem. The questions will likely address, to some extent, your dates of travel, where you work, where you live, but this should largely be in a manner to verify what you already provided.



THAT SAID: I am guessing, and it is just a guess, that this is notice for the other type of interview. This is based on the extent to which you have obviously been cutting-it-close. (Rest of this post will be about the other type of interview, a formal PR RO compliance examination interview.)

The other type of interview is more serious. It is part of a more formal examination to assess the PR's compliance with the PR Residency Obligation. This PR Residency Obligation compliance interview is a non-routine procedure.

One might say it is normal when IRCC suspects the PR has not complied with the RO. But that is a bit like saying it is normal to be handcuffed when arrested.

Hopefully the Canadian address you provided was designated a mailing address and NOT a misrepresentation of the address where you reside (this is a common "mistake" or "error" some PRs make; sometimes referred to as "fraud").

Most (but not all) of the questions will relate to:
-- where you have worked, and when (more or less precise from-to dates);
-- where you have resided, and when (more or less precise from-to dates, and where you actually resided, not just an address you can use or get mail through);
-- what other activities have you engaged in, and when;
-- what other ties you have in Canada (family, business, property, or such), and possibly, for comparison, what ties you have outside Canada (again, family, work, business, property, or such)
-- and of course details about actual dates spent in Canada.​

Best to be prepared to be precise and be sure to be accurate. Other questions might be asked. You may be asked about any information you have already submitted. Otherwise, there may be contextual questions to get a reading of your overall credibility.

Probably a good idea to have paperwork showing what periods of time you were renting a residence in Canada (like rental lease agreement plus proof of payment), T-4s or employer letters or pay statements for times you were working in Canada; other documents to corroborate your claims as to dates you were physically in Canada.


2. Does IRCC only looks at the 5 year preceding the date of my application or does it also focuses on whether or not a person will be able to meet the physical presence requirements in the next 5 years?

The primary focus will indeed be on days in Canada during the five years preceding the date the PR card application was signed, assuming that as-of-that-date you have been a PR for five years or more. (Days since then and up to the fifth year anniversary would also be considered if as of when you made the application you were still short of the fifth year anniversary of the date you became a PR.)

However, IRCC may also consider (and cutting-it-close, as you have, is likely to consider) how many days you have been in Canada in the five years immediately preceding the date of the interview.

If, for example, the PR was short of meeting the RO at the time the PR applied for the PRC, but has been in Canada enough since then to NOW be in compliance (as of the date of the interview), IRCC is likely to approve the application and issue a new PRC. No point rejecting the PRC application if the PR is now in compliance and can submit a new application while currently in compliance.

On the other hand, for example, if in the time passing since the date the PRC application was made, the PR has been absent and is no longer in compliance, that can result in being issued a 44(1) Report and Order of Inadmissibility (procedure for terminating PR status), for a failure to meet the PR RO . . . EVEN IF as of the date of the application the PR was in compliance.

Example of latter; PR landed and became a PR sometime prior to 2013 (or in early 2013) and the PR applies for new PR card June 17, 2018; attends an interview November 3, 2018:

Primary focus of inquiry is to determine if the PR was present in Canada for at least 730 days between June 17, 2013 and June 17, 2018 (date of PRC application).

IRCC will likely also consider, however, whether the PR was present in Canada for at least 730 days between November 3, 2013 and November 3, 2018 (date of interview).​

The latter is actually the more important determination. Since it is about whether the PR is currently in compliance. And it is this which ultimately determines whether the PR could lose PR status.


. . . or whether or not a person will be able to meet the physical presence requirements in the next 5 years?

I suspect this is based on a misunderstanding of the PR RO.

To be clear, as of the fifth year anniversary of the date the PR became a PR, the future is totally irrelevant. After the fifth year anniversary PR RO compliance is ALWAYS determined by looking at the PREVIOUS five years. As noted, if the interview is on November 3, 2018, the calculation is about how many days were in Canada between November 3, 2013 and November 3, 2018.

Likewise, say you are traveling back to Canada next summer, on June 11, 2019. If you were to be questioned about compliance with the PR RO at the PoE, which is always a possibility, the officer would calculate how many days you have been in Canada between June 11, 2014 and June 11, 2019. Less than 730? That's a breach of the PR RO. More than 730? That's OK.

Leading to your third question:

3. Assuming my PR card is renewed, does the new issue date start from the date listed in my renewal application or the date they approve my renewal? And is it again valid for 5 years?

The new PRC is dated the date it is issued in Sydney, which can vary depending on how the process goes. The PRC will be valid for five years from the date it is issued. Date stays the same whether PR gets the card soon or not for months


BUT TO BE CLEAR: THE DATE THE NEW CARD IS ISSUED IS NOT IMPORTANT.

Yes, it would ordinarily be valid for five more years. But that is NOT at all relevant to the PR Residency Obligation. Even if you have a brand new PR card valid for four and a half more years, each and every day you still need to be in compliance with the PR RO based on the previous five years as of that day. So, again, if you are issued a new PRC in November 2018, and say you are traveling back to Canada next summer, again on June 11, 2019. If you were to be questioned about compliance with the PR RO at the PoE, which again is always a possibility, the officer would calculate how many days you have been in Canada between June 11, 2014 and June 11, 2019. Less than 730? That's a breach of the PR RO. At risk for losing PR status. More than 730? That's OK. The dates on your PR card will be totally irrelevant.

This point is important for you in particular. Since you have indeed been cutting-it-close. There is a fair chance your file will be flagged even if they decide to issue a new PRC; flagged to alert border officers to screen you for PR RO compliance upon your return to Canada in the future.
 

asaeed100

Star Member
Dec 4, 2019
77
4
There are two different types of interviews for PRs with PR card (PRC) applications pending. I cannot discern, from what you posted, which it is.

One type is the counter interview. Many PRs are scheduled for a counter interview attendant having to pick up their PRC in person. Mailing the card is the routine, but being required to pick-up the card in person is common, and attendant this there is an interview to verify the information. As long as all the information you provided was accurate, this should not be a problem. The questions will likely address, to some extent, your dates of travel, where you work, where you live, but this should largely be in a manner to verify what you already provided.



THAT SAID: I am guessing, and it is just a guess, that this is notice for the other type of interview. This is based on the extent to which you have obviously been cutting-it-close. (Rest of this post will be about the other type of interview, a formal PR RO compliance examination interview.)

The other type of interview is more serious. It is part of a more formal examination to assess the PR's compliance with the PR Residency Obligation. This PR Residency Obligation compliance interview is a non-routine procedure.

One might say it is normal when IRCC suspects the PR has not complied with the RO. But that is a bit like saying it is normal to be handcuffed when arrested.

Hopefully the Canadian address you provided was designated a mailing address and NOT a misrepresentation of the address where you reside (this is a common "mistake" or "error" some PRs make; sometimes referred to as "fraud").

Most (but not all) of the questions will relate to:
-- where you have worked, and when (more or less precise from-to dates);​
-- where you have resided, and when (more or less precise from-to dates, and where you actually resided, not just an address you can use or get mail through);​
-- what other activities have you engaged in, and when;​
-- what other ties you have in Canada (family, business, property, or such), and possibly, for comparison, what ties you have outside Canada (again, family, work, business, property, or such)​
-- and of course details about actual dates spent in Canada.​

Best to be prepared to be precise and be sure to be accurate. Other questions might be asked. You may be asked about any information you have already submitted. Otherwise, there may be contextual questions to get a reading of your overall credibility.

Probably a good idea to have paperwork showing what periods of time you were renting a residence in Canada (like rental lease agreement plus proof of payment), T-4s or employer letters or pay statements for times you were working in Canada; other documents to corroborate your claims as to dates you were physically in Canada.


2. Does IRCC only looks at the 5 year preceding the date of my application or does it also focuses on whether or not a person will be able to meet the physical presence requirements in the next 5 years?

The primary focus will indeed be on days in Canada during the five years preceding the date the PR card application was signed, assuming that as-of-that-date you have been a PR for five years or more. (Days since then and up to the fifth year anniversary would also be considered if as of when you made the application you were still short of the fifth year anniversary of the date you became a PR.)

However, IRCC may also consider (and cutting-it-close, as you have, is likely to consider) how many days you have been in Canada in the five years immediately preceding the date of the interview.

If, for example, the PR was short of meeting the RO at the time the PR applied for the PRC, but has been in Canada enough since then to NOW be in compliance (as of the date of the interview), IRCC is likely to approve the application and issue a new PRC. No point rejecting the PRC application if the PR is now in compliance and can submit a new application while currently in compliance.

On the other hand, for example, if in the time passing since the date the PRC application was made, the PR has been absent and is no longer in compliance, that can result in being issued a 44(1) Report and Order of Inadmissibility (procedure for terminating PR status), for a failure to meet the PR RO . . . EVEN IF as of the date of the application the PR was in compliance.

Example of latter; PR landed and became a PR sometime prior to 2013 (or in early 2013) and the PR applies for new PR card June 17, 2018; attends an interview November 3, 2018:

Primary focus of inquiry is to determine if the PR was present in Canada for at least 730 days between June 17, 2013 and June 17, 2018 (date of PRC application).​
IRCC will likely also consider, however, whether the PR was present in Canada for at least 730 days between November 3, 2013 and November 3, 2018 (date of interview).​

The latter is actually the more important determination. Since it is about whether the PR is currently in compliance. And it is this which ultimately determines whether the PR could lose PR status.


. . . or whether or not a person will be able to meet the physical presence requirements in the next 5 years?

I suspect this is based on a misunderstanding of the PR RO.

To be clear, as of the fifth year anniversary of the date the PR became a PR, the future is totally irrelevant. After the fifth year anniversary PR RO compliance is ALWAYS determined by looking at the PREVIOUS five years. As noted, if the interview is on November 3, 2018, the calculation is about how many days were in Canada between November 3, 2013 and November 3, 2018.

Likewise, say you are traveling back to Canada next summer, on June 11, 2019. If you were to be questioned about compliance with the PR RO at the PoE, which is always a possibility, the officer would calculate how many days you have been in Canada between June 11, 2014 and June 11, 2019. Less than 730? That's a breach of the PR RO. More than 730? That's OK.

Leading to your third question:

3. Assuming my PR card is renewed, does the new issue date start from the date listed in my renewal application or the date they approve my renewal? And is it again valid for 5 years?

The new PRC is dated the date it is issued in Sydney, which can vary depending on how the process goes. The PRC will be valid for five years from the date it is issued. Date stays the same whether PR gets the card soon or not for months


BUT TO BE CLEAR: THE DATE THE NEW CARD IS ISSUED IS NOT IMPORTANT.

Yes, it would ordinarily be valid for five more years. But that is NOT at all relevant to the PR Residency Obligation. Even if you have a brand new PR card valid for four and a half more years, each and every day you still need to be in compliance with the PR RO based on the previous five years as of that day. So, again, if you are issued a new PRC in November 2018, and say you are traveling back to Canada next summer, again on June 11, 2019. If you were to be questioned about compliance with the PR RO at the PoE, which again is always a possibility, the officer would calculate how many days you have been in Canada between June 11, 2014 and June 11, 2019. Less than 730? That's a breach of the PR RO. At risk for losing PR status. More than 730? That's OK. The dates on your PR card will be totally irrelevant.

This point is important for you in particular. Since you have indeed been cutting-it-close. There is a fair chance your file will be flagged even if they decide to issue a new PRC; flagged to alert border officers to screen you for PR RO compliance upon your return to Canada in the future.
so if a minor gets a new PRC after getting a PRTD approved. the new PRC doesnt reset the clock? will they still face issues/questioned about the RO at the PoE if they leave canada for a brief visit?
 

dpenabill

VIP Member
Apr 2, 2010
4,314
1,459
so if a minor gets a new PRC after getting a PRTD approved. the new PRC doesnt reset the clock? will they still face issues/questioned about the RO at the PoE if they leave canada for a brief visit?
Caution: the post you quote is from 2018. Careful consideration is especially warranted when considering information in older posts (recognizing that caution and verification is warranted before relying on any post in a forum like this, including posts by me or anyone here). Things change. And, what we understand can also change based on new or newly reviewed information.

The Residency Obligation itself has not changed. Our understanding about some aspects about how it is applied have changed or are in the process of changing. See discussions about the credit for accompanying a citizen spouse abroad, for example, regarding which I recently posted an acknowledgement that I was WRONG in certain respects in observations I made in 2019. See
Unfortunately, I am WRONG on too many occasions (I am, for sure, NOT an expert, even if I can find and regurgitate certain information at length). [my post] nearly a year ago, is an example. I was WRONG.

This is more obvious lately, but to be clear, I was also wrong back then, about a year ago.

A more definitive interpretation of "accompanying" is needed.
In the meantime, the most recently issued information about Residency Determinations is in a relatively new PDI, implemented February 5, 2020, and which is here: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/card/permanent-resident-determination.html including a section specifically addressing the assessment of H&C "concerns." These instructions, or "guidelines," appear to specifically focus on the five years immediately preceding the date of the examination, perhaps exclusively or nearly so. Even for H&C considerations.


The RO is the RO (no, the "clock" does not restart):

The PR Residency Obligation is NOT complicated. After the fifth year anniversary of the date the PR was granted PR status, RO compliance depends on being IN Canada at least 730 days within the previous five years. That simple. No, there is no "restarting" the clock. To be in compliance with the RO, the PR needs to have been IN Canada for at least 730 days within the preceding five years as of the date that examination is done.

Beyond that, H&C factors will be considered in an examination of RO compliance.

This includes occasions in which a PR who has previously been allowed to keep PR status based on H&C reasons is again examined for RO compliance. Thus, if a PR who was allowed to keep status based on H&C reasons goes abroad, when the PR has not been IN Canada at least 730 days within the previous five years, when that PR returns to Canada the PR may be examined at the PoE for RO compliance, and the PR will be relying on H&C reasons, given being short of 730/5 years in Canada; and remember, this is true even if the PR has been issued a new PR card, as the dates on a PR card are NOT relevant when assessing RO compliance.

Good news for such PRs is that the previous H&C assessment will carry very strong weight.

But of course a later examination is indeed done based on the the later examination date, so at least some of the circumstances have changed. So the subsequent H&C decision will NOT necessarily be the same as the earlier one allowing the PR to retain status.

EXAMPLE: PR removed as a minor applied for and obtained a PR Travel Document based on H&C reasons. Arrived in Canada to attend school. After a semester of school the student returned to home country for what appears to have been a holiday. Applied for another PR TD to return to Canada for the next semester and that application was denied. Appealed. Decision to terminate PR status (decision denying the PR TD) was upheld. PR status lost.

Example Take-away: The actual facts in that case were a bit complicated, as they most often are. But my sense is that the PR's trip to the home country between school semesters suggested he was returning "home," not just visiting the home country, which was enough to tip the scales against allowing the young PR to keep status based on H&C reasons.

Overall: When a PR has been allowed to keep status based on H&C reasons, that decision tends to carry a lot of weight but is NO guarantee of the same result if the PR does something to trigger another RO examination. The longer the PR is IN Canada, and the more SETTLED in Canada, the better, since that tends to be a change in circumstances which weighs in favour of H&C relief in addition to what tipped the scales in favour of H&C relief in the earlier decision. Obviously, in contrast, the sooner the PR leaves Canada following the positive H&C decision, and the longer the PR is abroad, or the less settled it appears the PR is in Canada, the greater the RISK triggering a later RO examination could result in a different, negative outcome.


For emphasis:

As I already referenced, the most recently issued information about Residency Determinations appears to specifically focus on the five years immediately preceding the date of the examination, even for H&C considerations.

I am hesitant to read much into the way these guidelines are phrased compared to older information, such as in the Operational Manual ENF -23. BUT it is possible that IRCC is migrating toward a tougher stance on H&C relief for PRs. As noted, for example, it is apparent that the government has migrated toward a tougher stance on how the accompanying-citizen-spouse-credit is interpreted and applied.


MOREOVER:

There is a huge, huge, HUGE difference in evaluating things from the perspective of avoiding activity which might trigger a RO examination VERSUS discussing things from the perspective of what is relevant when there is H&C concerns in a RO determination.

I have posted in-depth observations about both. The nature and implications of each, respectively, should NOT be confused. For the PR who is in a for-sure relying on H&C factors situation, such as the PR who has already been reported and is appealing, or the PR who must make a PR TD application relying on H&C factors, I discuss H&C factors from the perspective of emphasizing what MIGHT be favourably considered.

Those observations should NEVER be confused with observations about the RISKs . . . those other discussions should NEVER be seen to make even the slightest hint that H&C reasons should be relied on if it is at all possible to avoid a RO examination. As I will often say, for example, NO MATTER HOW GOOD the H&C case is:
-- if a PR can possibly return to Canada before being in breach of the RO, the BEST approach by far, by a huge margin, is to get to Canada before being in breach,​
-- if somehow the PR is IN Canada despite a breach of the RO, the BEST approach by far, by a huge margin, is to stay in Canada long enough to be in compliance with the RO BEFORE going abroad and before making an application for a new PR card​

Small exception: if a PR is issued a PR Travel Document which has the coding showing it was issued based on H&C reasons, that PR should be able to safely apply for a new PR card soon after actually getting to and establishing actual in-fact residence in Canada. Again, though, new PR card will NOT restart the clock, so it could still be RISKY for this PR to travel abroad using the new card until the PR has at least spent enough time in Canada to show that he or she has indeed established an in-fact permanent residence in Canada (safer to not travel abroad for at least a year or more, and even then ONLY for a brief trip abroad . . . until he or she is in compliance with the RO).


NUANCE/CLARIFICATION:

Left this to last deliberately. The way things happen in practice, given the positive weight an already made favourable H&C decision can have during a subsequent RO compliance determination, it MIGHT APPEAR as though the H&C decision restarted the clock. This is due to the policy which favours respect for decisions already made. Thus, if the PR's background has already been evaluated, and it has been determined there is sufficient H&C reasons to allow that PR to keep PR status based on that background, that decision should NOT be revisited or reconsidered. The problem with this is that any LATER RO compliance examination is based on the circumstances as of that LATER DATE. Circumstances have changed at least to some extent. Thus, overall, in some reports of personal experience, it may APPEAR the clock restarted, but what really happened is that the H&C analysis still favoured relief.

So, again, and again, better to avoid a RO examination if possible unless and until the PR is in actual compliance NO MATTER HOW GOOD the H&C case is.
 

asaeed100

Star Member
Dec 4, 2019
77
4
Caution: the post you quote is from 2018. Careful consideration is especially warranted when considering information in older posts (recognizing that caution and verification is warranted before relying on any post in a forum like this, including posts by me or anyone here). Things change. And, what we understand can also change based on new or newly reviewed information.

The Residency Obligation itself has not changed. Our understanding about some aspects about how it is applied have changed or are in the process of changing. See discussions about the credit for accompanying a citizen spouse abroad, for example, regarding which I recently posted an acknowledgement that I was WRONG in certain respects in observations I made in 2019. See


In the meantime, the most recently issued information about Residency Determinations is in a relatively new PDI, implemented February 5, 2020, and which is here: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/card/permanent-resident-determination.html including a section specifically addressing the assessment of H&C "concerns." These instructions, or "guidelines," appear to specifically focus on the five years immediately preceding the date of the examination, perhaps exclusively or nearly so. Even for H&C considerations.


The RO is the RO (no, the "clock" does not restart):

The PR Residency Obligation is NOT complicated. After the fifth year anniversary of the date the PR was granted PR status, RO compliance depends on being IN Canada at least 730 days within the previous five years. That simple. No, there is no "restarting" the clock. To be in compliance with the RO, the PR needs to have been IN Canada for at least 730 days within the preceding five years as of the date that examination is done.

Beyond that, H&C factors will be considered in an examination of RO compliance.

This includes occasions in which a PR who has previously been allowed to keep PR status based on H&C reasons is again examined for RO compliance. Thus, if a PR who was allowed to keep status based on H&C reasons goes abroad, when the PR has not been IN Canada at least 730 days within the previous five years, when that PR returns to Canada the PR may be examined at the PoE for RO compliance, and the PR will be relying on H&C reasons, given being short of 730/5 years in Canada; and remember, this is true even if the PR has been issued a new PR card, as the dates on a PR card are NOT relevant when assessing RO compliance.

Good news for such PRs is that the previous H&C assessment will carry very strong weight.

But of course a later examination is indeed done based on the the later examination date, so at least some of the circumstances have changed. So the subsequent H&C decision will NOT necessarily be the same as the earlier one allowing the PR to retain status.

EXAMPLE: PR removed as a minor applied for and obtained a PR Travel Document based on H&C reasons. Arrived in Canada to attend school. After a semester of school the student returned to home country for what appears to have been a holiday. Applied for another PR TD to return to Canada for the next semester and that application was denied. Appealed. Decision to terminate PR status (decision denying the PR TD) was upheld. PR status lost.

Example Take-away: The actual facts in that case were a bit complicated, as they most often are. But my sense is that the PR's trip to the home country between school semesters suggested he was returning "home," not just visiting the home country, which was enough to tip the scales against allowing the young PR to keep status based on H&C reasons.

Overall: When a PR has been allowed to keep status based on H&C reasons, that decision tends to carry a lot of weight but is NO guarantee of the same result if the PR does something to trigger another RO examination. The longer the PR is IN Canada, and the more SETTLED in Canada, the better, since that tends to be a change in circumstances which weighs in favour of H&C relief in addition to what tipped the scales in favour of H&C relief in the earlier decision. Obviously, in contrast, the sooner the PR leaves Canada following the positive H&C decision, and the longer the PR is abroad, or the less settled it appears the PR is in Canada, the greater the RISK triggering a later RO examination could result in a different, negative outcome.


For emphasis:

As I already referenced, the most recently issued information about Residency Determinations appears to specifically focus on the five years immediately preceding the date of the examination, even for H&C considerations.

I am hesitant to read much into the way these guidelines are phrased compared to older information, such as in the Operational Manual ENF -23. BUT it is possible that IRCC is migrating toward a tougher stance on H&C relief for PRs. As noted, for example, it is apparent that the government has migrated toward a tougher stance on how the accompanying-citizen-spouse-credit is interpreted and applied.


MOREOVER:

There is a huge, huge, HUGE difference in evaluating things from the perspective of avoiding activity which might trigger a RO examination VERSUS discussing things from the perspective of what is relevant when there is H&C concerns in a RO determination.

I have posted in-depth observations about both. The nature and implications of each, respectively, should NOT be confused. For the PR who is in a for-sure relying on H&C factors situation, such as the PR who has already been reported and is appealing, or the PR who must make a PR TD application relying on H&C factors, I discuss H&C factors from the perspective of emphasizing what MIGHT be favourably considered.

Those observations should NEVER be confused with observations about the RISKs . . . those other discussions should NEVER be seen to make even the slightest hint that H&C reasons should be relied on if it is at all possible to avoid a RO examination. As I will often say, for example, NO MATTER HOW GOOD the H&C case is:
-- if a PR can possibly return to Canada before being in breach of the RO, the BEST approach by far, by a huge margin, is to get to Canada before being in breach,​
-- if somehow the PR is IN Canada despite a breach of the RO, the BEST approach by far, by a huge margin, is to stay in Canada long enough to be in compliance with the RO BEFORE going abroad and before making an application for a new PR card​

Small exception: if a PR is issued a PR Travel Document which has the coding showing it was issued based on H&C reasons, that PR should be able to safely apply for a new PR card soon after actually getting to and establishing actual in-fact residence in Canada. Again, though, new PR card will NOT restart the clock, so it could still be RISKY for this PR to travel abroad using the new card until the PR has at least spent enough time in Canada to show that he or she has indeed established an in-fact permanent residence in Canada (safer to not travel abroad for at least a year or more, and even then ONLY for a brief trip abroad . . . until he or she is in compliance with the RO).


NUANCE/CLARIFICATION:

Left this to last deliberately. The way things happen in practice, given the positive weight an already made favourable H&C decision can have during a subsequent RO compliance determination, it MIGHT APPEAR as though the H&C decision restarted the clock. This is due to the policy which favours respect for decisions already made. Thus, if the PR's background has already been evaluated, and it has been determined there is sufficient H&C reasons to allow that PR to keep PR status based on that background, that decision should NOT be revisited or reconsidered. The problem with this is that any LATER RO compliance examination is based on the circumstances as of that LATER DATE. Circumstances have changed at least to some extent. Thus, overall, in some reports of personal experience, it may APPEAR the clock restarted, but what really happened is that the H&C analysis still favoured relief.

So, again, and again, better to avoid a RO examination if possible unless and until the PR is in actual compliance NO MATTER HOW GOOD the H&C case is.
now that you have mentioned about the codes i just noticed that one of my children got RC-1 and the other R-1
the one who got RC-1 has stayed on in Canada and got her PRC card in about two weeks.

The one with R-1 (PRTD application was clearly based on H&C reasons) will travel soon and apply for a PRC upon arrival in Canada. But will need to come back to finish high school. Now i suspect the PRC application (for R-1 PRTD ) could talk a little longer or might go under review. Any takes on this. one good thing, SIN card is there.

there was a discussion on this forum earlier around the same issue.
https://www.canadavisa.com/canada-immigration-discussion-board/threads/prtd-r-1-with-two-year-visa.512107/

for the readers

R-1 means that you meet the Residency obligation (either by spending 2 of past 5 years in Canada, or living with Canadian citizen spouse).

RC-1 means you didn't meet the RO, but had a valid H&C reason that was approved to overcome the RO
 
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asaeed100

Star Member
Dec 4, 2019
77
4
Best I can discern, this will be RISKY. Ranging from risky to very risky.

My GUESS: it is leaning toward the latter, toward very risky.

The clock does NOT restart.

But I am no expert.
will take getting a review/flag at the PoE with an valid card over an expired card any day
not many options there.
thanks