+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

PR Card renewals - Are You Under Secondary Review?

Msafiri

Champion Member
Nov 18, 2012
2,667
104
Job Offer........
Pre-Assessed..
The thread on Secondary Reviews currently runs to several pages and in excess of 40K views. In the past an option explored by those under SR was to withdraw their delayed application in writing and resubmit a fresh application. This especially if:

1. You knowingly applied with a shortfall of days - for some reason many PRs fail to understand the 5 year RO window and that you need a minimum of 730 days (provable - my emphasis). There are also those who convince themselves the PR window is linked to their PR Card validity. Also you don't need a valid or for that matter a PR Card to live in Canada although having one makes day to day bureaucratic related life situations easier. This is because of 'function creep' where the PR Card is becoming the de facto proof of PR status for applying for Provincial Health Coverage, DL issuance, Banking, Schools, employment etc. If you now have the 730 days then it really is best to re-apply.

2. You applied with enough days but can't prove the days - to include those who fail to provide all the required documents and have no explanation for this yet CIC has commenced processing.

3. You provided the incorrect number of days - be it accidental or by design.

Its not a guarantee that CIC will readily or easily accept the withdrawal especially if there are residence fraud issues but its been seen on this forum to work. On the PRs side is that legislation mandates CIC to only consider the 5 year window prior to the relevant PR Card renewal application date. For those under SR its often the case from the delays that their initial 5 year window has now moved and potentially their situation goes from SR territory to clear cut approval.

To put into perspective Citizenship applicants face the same dilemma where they have a shortfall of residence days (those who applied under the previous Citizenship Act). The process of being RQd (which is circa PR Card renewal SR), seeing the CJ, getting bounced, going to court and often getting bounced again can take anywhere up to 5 years. Due to new legislation and increased fees as well as political will Citizenship timeline for routine application submitted on or after April 1, 2015 is estimated as 12 months or less. Some Local Offices process citizenship applications in 4-6 months.

In summary CIC has no stated timeline to complete their enquiries/checks into the concerns they have with the PR Card renewal file (typically declared residence days). Either file a writ of Mandamus for the FC to compel action on the file (not approval) or ask the MP to make enquiries as this may speed things up. In the interim apply for GCMS notes they may reveal what CIC has as an issue and indicate a possible brought forward/review date - this info may also be redacted (highly likely) on grounds that its inclusion may compromise investigations on immigration compliance.

The PR may find it better to consider a fresh PR Card renewal application instead of waiting for a non stated SR timeline where you feel you have no control over the process and your life is on hold.

Good luck
 

toronto_man

Star Member
Jan 11, 2014
111
2
I have one question, you mentioned people with wrong number of days or with days they can not prove to CIC during RQ can withdraw application and submit again. But when they submit again, their new application will have inconsistent information for number of days versus the old one (as i assume they will voluntarily drop the days they can not prove otherwise it will go again to secondary reviews) - would this not generate issues ?
 

Msafiri

Champion Member
Nov 18, 2012
2,667
104
Job Offer........
Pre-Assessed..
toronto_man said:
I have one question, you mentioned people with wrong number of days or with days they can not prove to CIC during RQ can withdraw application and submit again. But when they submit again, their new application will have inconsistent information for number of days versus the old one (as i assume they will voluntarily drop the days they can not prove otherwise it will go again to secondary reviews) - would this not generate issues ?
1. My interpretation of case law and CIC operational practice is that where the residence inconsistency is suspected or deemed to be fraudulent and conclusively determined (evidential) to the relevant prosecutable probability (balance of, reasonable, beyond etc) then CIC will pursue you all the way. I added this caveat to my initial post.

2. Only the applicant really knows how true their days are and if these are a rough calculation with minor errors, if its outright lies or somewhere in between!! Its then CIC's job to weed out what the truth is and they have the relevant tools for this which although no one really knows can infer from the application form includes a review of employment history, tax filing, record of movement. This because if you work full-time in Canada for the minimum 730 days and never travelled anywhere as per lack of passport stamps/CBSA border entries then chances are you do actually live in Canada.

3. Its known though too that CIC through diplomatic channels can and do get information from other country immigration departments verifying residence and records of movement if they believe the case is high profile enough and successful prosecution will send out a strong message to the frauds. Why seemingly thousands of PRs can't live in Canada long enough to meet what is a an extremely weak RO (40% at 730/1825) is beyond me.