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

PR Renewal - Decision Made Status

Miro_Dida

Member
Mar 28, 2016
14
1
Any help please regarding the below.

I finally got the decision made status for requesting a PR renewal after 15 months of applying, however; I am currently residing outside Canada , but I have my friend’s address in Canada, to mail my PR card to it if I am approved.
When I clicked on the Decision Made status to get further details about my case, I got the following:

Your request for a permanent resident card was approved on May 12, 2016. Your Permanent resident card will be mailed to you or if quality assurance is required, made available for you to pick up at a CIC office.

Does this mean that they may ask me to come to Canada (CIC office) to receive it by myself or it can just be mailed to my friend’s home address? :'(, Also how long will it take to inform me if I am rejected or approved as per the diagram for the application status located on their website:

DECISION MADE
(A decision has been made at this point.) Approval Status Determined
Your application will be either approved or rejected. You will be informed of the decision.
If your application is approved, you will be notified by mail within four weeks and invited to pick up your card at the CIC office closest to you.
If your application is rejected, you will be notified of the decision by mail.
[tr][td]
 

Tri-Cities

Hero Member
Aug 10, 2015
237
12
Congrats!

Yes, they might ask you to pick up the card yourself. But the time won't be limited to a week or so. You'll get enough time to pick it up.
You'll find out ;D

Being outside of Canada you still can apply for a TD, in case you have to pick up the card yourself. Or use the US route and cross the border with your CoPR, if you're able to get a US Visa.

Good luck!
 

dpenabill

VIP Member
Apr 2, 2010
6,281
3,040
Miro_Dida said:
Any help please regarding the below.

I finally got the decision made status for requesting a PR renewal after 15 months of applying, however; I am currently residing outside Canada , but I have my friend’s address in Canada, to mail my PR card to it if I am approved.
When I clicked on the Decision Made status to get further details about my case, I got the following:

Your request for a permanent resident card was approved on May 12, 2016. Your Permanent resident card will be mailed to you or if quality assurance is required, made available for you to pick up at a CIC office.

Does this mean that they may ask me to come to Canada (CIC office) to receive it by myself or it can just be mailed to my friend’s home address? :'(, Also how long will it take to inform me if I am rejected or approved as per the diagram for the application status located on their website:

DECISION MADE
(A decision has been made at this point.) Approval Status Determined
Your application will be either approved or rejected. You will be informed of the decision.
If your application is approved, you will be notified by mail within four weeks and invited to pick up your card at the CIC office closest to you.
If your application is rejected, you will be notified of the decision by mail.
[tr][td]
While there was a recent report in this forum by a participant who said that IRCC mailed the PR card following Secondary Review, my strong impression is that this is unusual. The usual practice is that when the application is approved, after being referred to SR, the PR is required to pick up the card in person.

In contrast, for routinely processed PR card applications, most times the PR card is mailed to the PR's actual residential address (if PR's contact address or mailing address is not the PR's place of abode, this is one the factors typically triggering the need to pick up the card rather than have it mailed).

Thus, I think the information you quoted from the IRCC description of what Decision Made means, applies: "If your application is approved, you will be notified by mail within four weeks and invited to pick up your card at the CIC office closest to you."

I forget how long the period of time is that the PR has to pick up the card, but it is usually a matter of many months, plenty of room for flexibility.

Reminder: you must continue to always be in compliance with the PR RO, even if the PR card application is approved, even if you have in your possession a new PR card. I mention this because you indicate you are currently residing abroad. On any given day, you must always have been present in Canada 730 days within the preceding five years as of that date (or qualify for credit otherwise, such as per accompanying a Canadian citizen spouse). Thus, just because the PR card has been approved, that does not preclude a PR RO examination at the PoE the next time you enter Canada. Nor does it preclude a Residency Determination before being issuing a PR TD if you need a PR TD to get to Canada to pick up the PR card. And again, even once you have the new PR card in possession, you must remain in compliance on a day-to-day basis; the validity dates of the PR card are totally NOT relevant.
 

Miro_Dida

Member
Mar 28, 2016
14
1
Tri-Cities said:
Congrats!

Yes, they might ask you to pick up the card yourself. But the time won't be limited to a week or so. You'll get enough time to pick it up.
You'll find out ;D

Being outside of Canada you still can apply for a TD, in case you have to pick up the card yourself. Or use the US route and cross the border with your CoPR, if you're able to get a US Visa.

Good luck!
Thanks for the reply!

Your request for a permanent resident card was approved on May 12, 2016. Your Permanent resident card will be mailed to you or if quality assurance is required, made available for you to pick up at a CIC office.

Just wondering if the above means that PR card is approved or not, because when I clicked on the description of the Decision Made status , I got that it still may be approved or rejected.
 

Miro_Dida

Member
Mar 28, 2016
14
1
dpenabill said:
While there was a recent report in this forum by a participant who said that IRCC mailed the PR card following Secondary Review, my strong impression is that this is unusual. The usual practice is that when the application is approved, after being referred to SR, the PR is required to pick up the card in person.

In contrast, for routinely processed PR card applications, most times the PR card is mailed to the PR's actual residential address (if PR's contact address or mailing address is not the PR's place of abode, this is one the factors typically triggering the need to pick up the card rather than have it mailed).

Thus, I think the information you quoted from the IRCC description of what Decision Made means, applies: "If your application is approved, you will be notified by mail within four weeks and invited to pick up your card at the CIC office closest to you."

I forget how long the period of time is that the PR has to pick up the card, but it is usually a matter of many months, plenty of room for flexibility.

Reminder: you must continue to always be in compliance with the PR RO, even if the PR card application is approved, even if you have in your possession a new PR card. I mention this because you indicate you are currently residing abroad. On any given day, you must always have been present in Canada 730 days within the preceding five years as of that date (or qualify for credit otherwise, such as per accompanying a Canadian citizen spouse). Thus, just because the PR card has been approved, that does not preclude a PR RO examination at the PoE the next time you enter Canada. Nor does it preclude a Residency Determination before being issuing a PR TD if you need a PR TD to get to Canada to pick up the PR card. And again, even once you have the new PR card in possession, you must remain in compliance on a day-to-day basis; the validity dates of the PR card are totally NOT relevant.
Thanks alot for the detailed reply.

Actually, I had a bad experience in the airport when I was visiting Canada in March 2015 with the purpose of renewing the PR card so my visit was just for 4 nights there. The officer was very strict and asked me many many questions as If I am lying but I was v. clear in my answers that I just came to renew my card and I will be back again to my home country, the matter that was not so good to support my file I know; but this is the truth.

He took lot of notes and kept writing on the computer as he knew that I got divorced and my son is Canadian so I was obliged to go back home again to resume my life with my family and I left my son with my grandparents to make this visit.

I am telling my whole story to explain why it is gonna be tough (financially ) to come back to get my PR card by myself. The officer Eeven told me : Do you know that you should be living in Canada so we can renew yr card as your chances would be weak if you are not!

I am not sure what is going to happen, but I am afraid I am currently not able to travel to pick the card (if approved)!
 

dpenabill

VIP Member
Apr 2, 2010
6,281
3,040
Miro_Dida said:
Thanks alot for the detailed reply.

Actually, I had a bad experience in the airport when I was visiting Canada in March 2015 with the purpose of renewing the PR card so my visit was just for 4 nights there. The officer was very strict and asked me many many questions as If I am lying but I was v. clear in my answers that I just came to renew my card and I will be back again to my home country, the matter that was not so good to support my file I know; but this is the truth.

He took lot of notes and kept writing on the computer as he knew that I got divorced and my son is Canadian so I was obliged to go back home again to resume my life with my family and I left my son with my grandparents to make this visit.

I am telling my whole story to explain why it is gonna be tough (financially ) to come back to get my PR card by myself. The officer Eeven told me : Do you know that you should be living in Canada so we can renew yr card as your chances would be weak if you are not!

I am not sure what is going to happen, but I am afraid I am currently not able to travel to pick the card (if approved)!
As I observed before, it appears your application has been approved but that you will probably be sent a notice to pick up the card in person. That it will not be mailed to you. But I am no expert. I have no inside IRCC information. I am just offering an observation based on following PR card renewal issues for about eight years now, backed-up by doing a fair amount of homework (reading actual cases as published by official sources in addition to following reports in this and other forums).

As I previously stated, there has been at least one participant in this forum reporting that the new card was mailed after Secondary Review, but my sense is that is unusual, not the ordinary practice, that the ordinary practice is to send a notice to the PR to come and pick up the PR card in person (again, when there has been Secondary Review and it is different for routinely processed card applications).

You do not indicate how it is that you continue to be in compliance with the PR Residency Obligation. Since you report being divorced, and having moved abroad following or pursuant to that, my guess is that your compliance with the PR RO was based on time in Canada prior to the divorce. If this is the case, when you approach being abroad for three years (that is, as it gets closer to having been three years since you moved to your home country), you will be approaching a breach of the PR RO, and when you are in breach that will likely result in the loss of PR status.

In any event, the PoE officer was largely correct: IRCC (in March 2015 it was CIC) overtly discourages the practice of PRs living abroad renewing their PR card unless and until they return to actually live in Canada. Technically a person who has PR status is entitled to a PR card, but the purpose is nonetheless to provide a status card to persons who have PR status who are actually permanently residing in Canada. And persons not residing in Canada, let alone not permanently settled and residing in Canada, are outside the scope of what PR status is intended for, even if they otherwise technically meet the minimum requirements to have PR status. IRCC does not make it easy for such individuals. Actually, they deliberately make it more difficult (hence, for example, the rule that the PR card application can only be made in Canada).

Given the nature of the PoE experience, suggests that you either were already been flagged to some extent, or at the least are now flagged. And indeed, a FOSS flag based on that interaction at the PoE in March 2015 may have been what triggered the referral to Secondary Review . . . at that time CIC, and now IRCC, specifically looked for indications the applicant for a new/renewed PR card might be residing abroad even though making the application from within Canada, and if so that was reason for a Secondary Review.

I realize I am not offering you any solution to your actual problem: personal circumstances making travel to Canada prohibitive. I do not know a solution. Financial help from somewhere, someone perhaps. I'm guessing the other parent is not willing or in a position to finance your return to Canada despite the fact you will end up losing PR status and thus might not be able to accompany your child to Canada in the future. I realize this is probably a very difficult situation and time for you.

But it is foreseeable that unless you return to live in Canada, you will likely lose PR status. This will not affect your child's Canadian citizenship.
 

Miro_Dida

Member
Mar 28, 2016
14
1
dpenabill said:
As I observed before, it appears your application has been approved but that you will probably be sent a notice to pick up the card in person. That it will not be mailed to you. But I am no expert. I have no inside IRCC information. I am just offering an observation based on following PR card renewal issues for about eight years now, backed-up by doing a fair amount of homework (reading actual cases as published by official sources in addition to following reports in this and other forums).

As I previously stated, there has been at least one participant in this forum reporting that the new card was mailed after Secondary Review, but my sense is that is unusual, not the ordinary practice, that the ordinary practice is to send a notice to the PR to come and pick up the PR card in person (again, when there has been Secondary Review and it is different for routinely processed card applications).

You do not indicate how it is that you continue to be in compliance with the PR Residency Obligation. Since you report being divorced, and having moved abroad following or pursuant to that, my guess is that your compliance with the PR RO was based on time in Canada prior to the divorce. If this is the case, when you approach being abroad for three years (that is, as it gets closer to having been three years since you moved to your home country), you will be approaching a breach of the PR RO, and when you are in breach that will likely result in the loss of PR status.

In any event, the PoE officer was largely correct: IRCC (in March 2015 it was CIC) overtly discourages the practice of PRs living abroad renewing their PR card unless and until they return to actually live in Canada. Technically a person who has PR status is entitled to a PR card, but the purpose is nonetheless to provide a status card to persons who have PR status who are actually permanently residing in Canada. And persons not residing in Canada, let alone not permanently settled and residing in Canada, are outside the scope of what PR status is intended for, even if they otherwise technically meet the minimum requirements to have PR status. IRCC does not make it easy for such individuals. Actually, they deliberately make it more difficult (hence, for example, the rule that the PR card application can only be made in Canada).

Given the nature of the PoE experience, suggests that you either were already been flagged to some extent, or at the least are now flagged. And indeed, a FOSS flag based on that interaction at the PoE in March 2015 may have been what triggered the referral to Secondary Review . . . at that time CIC, and now IRCC, specifically looked for indications the applicant for a new/renewed PR card might be residing abroad even though making the application from within Canada, and if so that was reason for a Secondary Review.

I realize I am not offering you any solution to your actual problem: personal circumstances making travel to Canada prohibitive. I do not know a solution. Financial help from somewhere, someone perhaps. I'm guessing the other parent is not willing or in a position to finance your return to Canada despite the fact you will end up losing PR status and thus might not be able to accompany your child to Canada in the future. I realize this is probably a very difficult situation and time for you.

But it is foreseeable that unless you return to live in Canada, you will likely lose PR status. This will not affect your child's Canadian citizenship.
Though i do not wish to be called to pick up the card in person as for the reasons i mentioned above, the scenario you mentioned is just logic! It makes sense that they should not renew the card for a person who is currently not residing in Canada, especially that I explained my case for the officer very clearly in regards to my divorce and that I had to go back to my home country :-[

Yes it is true, PR RO was based on time I lived in Canada prior to the divorce ( about 760 days).

Definitely, I am renewing my PR so I am able to accompany my child in the future , but it seems If I even could make it this time and come to Canada to pick up my card in person if I am asked to, afterwards I would go back home again, so the PR will be useless in this case, as I will go through the same cycle that I am not residing in Canada...etc ! what do you advice with? should I struggle to get the PR card or it would be just useless?

Thanks alot
 
  • Like
Reactions: fkbanday

zahid877

Newbie
Apr 11, 2018
8
0
Hello everyone,
I am a PR card holder and my PR card expired and I applied accordingly on 31st July last year and after verifying my all other documents they made decision on my case.I called to IRCC and they told me about the status of my card and it is approved and sent my card to my city’s local office(Saskatoon) on 9th January but till now the local office didn’t call or mail me to collect the card. Now what Can I do and what could happen about my card as it’s already more than 03 month gone but I didn’t get any mail from them.can anybody tell me about that.
Thanks
MD RAHMAN
N.B. I am from Bangladesh
 

qureishi

Hero Member
Dec 9, 2011
283
34
Dear Zahid ,

On what grounds they have renewed your PR card and what documents you have provided as a proof ?

Please explain as I am also looking for some information.

Thanks in advance

Regards
Q.
 

zahid877

Newbie
Apr 11, 2018
8
0
Hello Q,
My card was expired as I came lately after initial landing. Therefore they wanted additional documentation. I provided my university transcript, doctors visit paper, bank statements and some of the courses that I did here.But my card is already approved and I am waiting for their call to pick up from my local office.It is unusual late for the local office?
Thanks,
Zahid
 

mastersboy

Star Member
Oct 20, 2014
143
4
[tr][td]

While there was a recent report in this forum by a participant who said that IRCC mailed the PR card following Secondary Review, my strong impression is that this is unusual. The usual practice is that when the application is approved, after being referred to SR, the PR is required to pick up the card in person.

In contrast, for routinely processed PR card applications, most times the PR card is mailed to the PR's actual residential address (if PR's contact address or mailing address is not the PR's place of abode, this is one the factors typically triggering the need to pick up the card rather than have it mailed).

Thus, I think the information you quoted from the IRCC description of what Decision Made means, applies: "If your application is approved, you will be notified by mail within four weeks and invited to pick up your card at the CIC office closest to you."

I forget how long the period of time is that the PR has to pick up the card, but it is usually a matter of many months, plenty of room for flexibility.

Reminder: you must continue to always be in compliance with the PR RO, even if the PR card application is approved, even if you have in your possession a new PR card. I mention this because you indicate you are currently residing abroad. On any given day, you must always have been present in Canada 730 days within the preceding five years as of that date (or qualify for credit otherwise, such as per accompanying a Canadian citizen spouse). Thus, just because the PR card has been approved, that does not preclude a PR RO examination at the PoE the next time you enter Canada. Nor does it preclude a Residency Determination before being issuing a PR TD if you need a PR TD to get to Canada to pick up the PR card. And again, even once you have the new PR card in possession, you must remain in compliance on a day-to-day basis; the validity dates of the PR card are totally NOT relevant.[/td][/tr]
Does intent to reside ever applied or for. Now applies to Pr card renewals?
 

dpenabill

VIP Member
Apr 2, 2010
6,281
3,040
Does intent to reside ever applied or for. Now applies to Pr card renewals?
There is NO intent to reside requirement for Permanent Residents. (And NO intent to reside requirement to be qualified for a grant of citizenship.)


BUT FIRST BE AWARE: the post you quote was made well over TWO YEARS ago. The law has changed considerably since then, especially for grant citizenship but also for immigration law more generally.

More saliently, policy and practice are always evolving, always changing. Example: contrary to what I said in the above post, forum reports in the last two years appear to show many SR'd PR card applicants are eventually mailed the PR card. If IRCC still has concerns about PR Residency Obligation compliance, not so much as of when the PRC application was made but a current or ongoing concern (remembering the PR must continue to be in compliance with the PR RO), that appears to elevate the likelihood of a required in-person pick-up (and counter-interview) to obtain the new PR card. Similarly, if IRCC apprehends the PR is living abroad, not in Canada, it appears there is a increased risk the new PRC will not be mailed but will need to be picked-up in person. But forum reports in the meantime appear to indicate many SR'd PRs are mailed their new card. Eventually.

Like any and ALL other posts in a forum like this, a good deal (or even a great deal) of CAUTION should be exercised before relying on what I or anyone else posts, and the content should always be cautiously weighed in context with other information, especially official and formal sources, but also with due reference to the context for the particular post, including WHEN it was posted.


- - - - - - - - - - - - - - - - - - - - -


In any event, again in response to what I think your query is about: there is NO intent to reside requirement for Permanent Residents.

However, IRCC does have a policy requiring applications for a new PR card to be made IN CANADA.

And, IRCC has long approached applications with elevated scrutiny when it appears the PR is abroad while the PRC application is pending. I am NOT certain what the current criteria is for referrals to Secondary Review, but in the past the fact or APPEARANCE the PR was living abroad (with obvious exceptions, such as for PRs living abroad with a Canadian citizen spouse) has been a factor triggering SR and elevated scrutiny of the PR's compliance with the Residency Obligation.

There is a tendency among more than a few to focus excess attention on the precise requirements and underestimate, if not overlook, the significance of many factors which cannot be reduced to definitive rules or precepts.

The big and perhaps most relevant example in this regard is the extent to which (it appears) scores of PRs more or less disregard the significance of the purpose for the grant of PR status, which is TO FACILITATE PERMANENT SETTLEMENT IN CANADA.

There is NO requirement to PERMANENTLY settle and live in Canada. There is NO required intent to PERMANENTLY settle and live in Canada. BUT the interpretation and application of the rules governing PR obligations explicitly takes into consideration the purpose of the grant of PR status, which, again, is TO FACILITATE PERMANENT SETTLEMENT IN CANADA. (Note: big clue looms large in the name: "PERMANENT RESIDENT" status.)

Specific law about this ordinarily arises or is stated in reference to PR RO compliance cases in IAD and Federal Court decisions. This is mostly in H&C cases (in which an intent to permanently settle in Canada is overtly considered a positive factor, albeit more often its absence is what matters, negatively, in actual cases) but it is specifically articulated in decisions interpreting the provisions allowing credit toward the RO when living abroad, for those employed-abroad-by-Canadian-employer (which is rather narrowly interpreted) and those accompanying-Canadian-citizen-spouse (which in recent years has seen some decisions tending to narrow this credit as well).

It would be a mistake, however, to overlook the general influence of this in how IRCC approaches issues or concerns such as determining the accuracy of a PR's claims about actual presence in Canada. For example, as I have oft reminded, while PRs who are abroad more than half the time can meet the PR RO as long as their presence in Canada is 730+ days within any and every five year time period (as of the fifth year anniversary of landing), if there is any doubt at all about whether the PR was in Canada during a particular time period, the fact the PR was abroad more often than in Canada supports a REASONABLE INFERENCE the PR was possibly (or even probably) outside Canada during that time. This is NOT something you will see specifically stated in the IAD or Federal Court decisions. BUT its influence rather clearly underlies the tales of woe reported by scores of PRs who get bogged down in SR and RO compliance cases.


***Edit to add explanation for reasonableness of inference: No formal logic let alone advanced degrees in mathematics is necessary to recognize a person is more likely to have been located where he or she was usually located if the individual's actual location at a given time is in question. That is, if a person is usually OUTSIDE Canada (outside Canada more than in Canada), unless it is known where the individual was during a given time period, the REASONABLE inference is the individual was OUTSIDE Canada during that time.
 
Last edited:
  • Like
Reactions: mastersboy

mastersboy

Star Member
Oct 20, 2014
143
4
There is NO intent to reside requirement for Permanent Residents. (And NO intent to reside requirement to be qualified for a grant of citizenship.)


BUT FIRST BE AWARE: the post you quote was made well over TWO YEARS ago. The law has changed considerably since then, especially for grant citizenship but also for immigration law more generally.

More saliently, policy and practice are always evolving, always changing. Example: contrary to what I said in the above post, forum reports in the last two years appear to show many SR'd PR card applicants are eventually mailed the PR card. If IRCC still has concerns about PR Residency Obligation compliance, not so much as of when the PRC application was made but a current or ongoing concern (remembering the PR must continue to be in compliance with the PR RO), that appears to elevate the likelihood of a required in-person pick-up (and counter-interview) to obtain the new PR card. Similarly, if IRCC apprehends the PR is living abroad, not in Canada, it appears there is a increased risk the new PRC will not be mailed but will need to be picked-up in person. But forum reports in the meantime appear to indicate many SR'd PRs are mailed their new card. Eventually.

Like any and ALL other posts in a forum like this, a good deal (or even a great deal) of CAUTION should be exercised before relying on what I or anyone else posts, and the content should always be cautiously weighed in context with other information, especially official and formal sources, but also with due reference to the context for the particular post, including WHEN it was posted.


- - - - - - - - - - - - - - - - - - - - -


In any event, again in response to what I think your query is about: there is NO intent to reside requirement for Permanent Residents.

However, IRCC does have a policy requiring applications for a new PR card to be made IN CANADA.

And, IRCC has long approached applications with elevated scrutiny when it appears the PR is abroad while the PRC application is pending. I am NOT certain what the current criteria is for referrals to Secondary Review, but in the past the fact or APPEARANCE the PR was living abroad (with obvious exceptions, such as for PRs living abroad with a Canadian citizen spouse) has been a factor triggering SR and elevated scrutiny of the PR's compliance with the Residency Obligation.

There is a tendency among more than a few to focus excess attention on the precise requirements and underestimate, if not overlook, the significance of many factors which cannot be reduced to definitive rules or precepts.

The big and perhaps most relevant example in this regard is the extent to which (it appears) scores of PRs more or less disregard the significance of the purpose for the grant of PR status, which is TO FACILITATE PERMANENT SETTLEMENT IN CANADA.

There is NO requirement to PERMANENTLY settle and live in Canada. There is NO required intent to PERMANENTLY settle and live in Canada. BUT the interpretation and application of the rules governing PR obligations explicitly takes into consideration the purpose of the grant of PR status, which, again, is TO FACILITATE PERMANENT SETTLEMENT IN CANADA. (Note: big clue looms large in the name: "PERMANENT RESIDENT" status.)

Specific law about this ordinarily arises or is stated in reference to PR RO compliance cases in IAD and Federal Court decisions. This is mostly in H&C cases (in which an intent to permanently settle in Canada is overtly considered a positive factor, albeit more often its absence is what matters, negatively, in actual cases) but it is specifically articulated in decisions interpreting the provisions allowing credit toward the RO when living abroad, for those employed-abroad-by-Canadian-employer (which is rather narrowly interpreted) and those accompanying-Canadian-citizen-spouse (which in recent years has seen some decisions tending to narrow this credit as well).

It would be a mistake, however, to overlook the general influence of this in how IRCC approaches issues or concerns such as determining the accuracy of a PR's claims about actual presence in Canada. For example, as I have oft reminded, while PRs who are abroad more than half the time can meet the PR RO as long as their presence in Canada is 730+ days within any and every five year time period (as of the fifth year anniversary of landing), if there is any doubt at all about whether the PR was in Canada during a particular time period, the fact the PR was abroad more often than in Canada supports a REASONABLE INFERENCE the PR was possibly (or even probably) outside Canada during that time. This is NOT something you will see specifically stated in the IAD or Federal Court decisions. BUT its influence rather clearly underlies the tales of woe reported by scores of PRs who get bogged down in SR and RO compliance cases.
Thanks for the detailed reply. I wonder if just the mere act of applying for a U.S. green card can be considered an intent to not live permanently in Canada, even if one doesn't ever move to U.S.?
 

dpenabill

VIP Member
Apr 2, 2010
6,281
3,040
Thanks for the detailed reply. I wonder if just the mere act of applying for a U.S. green card can be considered an intent to not live permanently in Canada, even if one doesn't ever move to U.S.?
DUH! Can be? How about should be? Or must be? Or obviously is? What does an application for a GC mean? It is an application to obtain status to be a PERMANENT resident in a country OTHER than CANADA. As in NOT in CANADA. No profound powers of divination necessary to discern the individual's "intent." (To badly paraphrase the best short story ever written, "Standing over her dead husband, and handing the officer the gun, she said 'you can't believe how difficult it is to live in a small apartment with a man who constantly plays the trombone.' (or something to that effect)" No stretch of the imagination necessary to know what that story is about or what her intent was. If someone points a gun at someone's head and pulls the trigger, shooting the person in the head, is there any doubt what was "intended?")

BUT WHAT DOES THAT MEAN RELATIVE TO MEETING THE PR RO FOR CANADIAN STATUS? AGAIN, INTENT TO PERMANENTLY LIVE IN CANADA IS NOT A REQUIREMENT FOR KEEPING PR STATUS.

Thus, for example, UNLESS a PR is clearly in breach of the PR RO and is asking to keep status based on H&C grounds . . .
. . . OR, IRCC is not convinced the PR has actually been IN Canada enough to be in RO compliance . . .
. . . there is NO reason for any CBSA or IRCC official to even inquire about let alone determine if the PR has an intent to live permanently in Canada.

Otherwise, a PR's intent is NOT RELEVANT.

See my previous post this evening, just above, in which I make an effort to illuminate how this can be a factor in the way IRCC approaches a particular PR . . . but to be clear, if it is established the PR is in compliance with the PR RO, the PR's intent is NOT RELEVANT. (This is not the case for U.S. rules governing GC status.)