PR renewal on H&C basis: why did I receive IMM 5511?

[Canucki]

Hello Forum,

I would appreciate your input on the following:

I applied for PR renewal 9 months ago, received AOR 4 months ago, then received a letter from CIC now informing me that they started PR determination investigation and asked me to fill questionnaire 5511.

In my original application I stated clearly and honestly that I do NOT meet PR physical stay OR (less than half of 730 days), and explained in detail (supported by evidence and documents) what I believe is an honest and compelling set of H&C considerations to be looked at (in short, I bought a home in Canada and started a business with full intention of residing here permanently, my spouse and kids stayed here and became Canadian citizens, while I had to go back to look after my seriously sick mother until she passed away. I only managed to visit Canada once or twice every year because of that).

I am puzzled why would I receive IMM 5511 questionnaire, which basically aims at verifying legitimacy of claimed compliance with RO, while I have already stated that my durations of stay do NOT comply with RO and that I only rely on H&C considerations in my application for PR renewal. I will basically just fill the forms again, and submit all the documents again (after 9 months wait) with same information (other than my additional long stay in Canada since I applied for renewal).

Is this "PR determination investigation" different from "Secondary Review", and how so? I wasn't informed that there is an SR.

What should I expect to happen next? Has anyone been through something similar or heard of it?

Thank you.

I'm in Canada, and have no plans of leaving unless if an emergency cones up.

 

[dpenabill]

Hello Forum,

I would appreciate your input on the following:

I applied for PR renewal 9 months ago, received AOR 4 months ago, then received a letter from CIC now informing me that they started PR determination investigation and asked me to fill questionnaire 5511.

In my original application I stated clearly and honestly that I do NOT meet PR physical stay OR (less than half of 730 days), and explained in detail (supported by evidence and documents) what I believe is an honest and compelling set of H&C considerations to be looked at (in short, I bought a home in Canada and started a business with full intention of residing here permanently, my spouse and kids stayed here and became Canadian citizens, while I had to go back to look after my seriously sick mother until she passed away. I only managed to visit Canada once or twice every year because of that).

I am puzzled why would I receive IMM 5511 questionnaire, which basically aims at verifying legitimacy of claimed compliance with RO, while I have already stated that my durations of stay do NOT comply with RO and that I only rely on H&C considerations in my application for PR renewal. I will basically just fill the forms again, and submit all the documents again (after 9 months wait) with same information (other than my additional long stay in Canada since I applied for renewal).

Is this "PR determination investigation" different from "Secondary Review", and how so? I wasn't informed that there is an SR.

What should I expect to happen next? Has anyone been through something similar or heard of it?

Thank you.

I'm in Canada, and have no plans of leaving unless if an emergency cones up.

The formal Residency Determination process is a primary step toward adjudicating inadmissibility for failing to meet the PR Residency Obligation. This can result in a decision you met the PR RO, or you did not but there are sufficient H&C reasons for you to retain PR status, or you could be issued a Departure Order. The first two of these will result in keeping PR status and being issued a PR card. A Departure Order will terminate your PR status unless you appeal, and then win the appeal.

Once you were in Canada, it may have been a mistake to make the PR card application based on H&C reasons, since you could have just continued to stay in Canada until you were in compliance. Even with relatively strong H&C reasons, given how uncertain H&C assessments are it is better to avoid relying on H&C grounds if it can be avoided.

If you have a lawyer, not a consultant but an immigration lawyer, your lawyer is a better resource than any of us here (some participants here will sometimes question the lawyer's advice reported here, but I would suggest questioning such posts more since it is most likely the lawyer knows a lot more about your particular case).

I do not know the formal difference between the Secondary Review and what is more directly a Residency Determination, except that in the past the SR appeared to be more about PRs perceived or suspected of being abroad while the application was pending, or suspected of submitting false information, while local offices would proceed to do a Residency Determination if they identified a PR who was likely in breach of the PR RO. But clearly SR has also been sometimes imposed for PRs who CIC (now IRCC) is investigating for falling short of the PR RO.

In any event, when it is a relatively straight-forward case of falling short of the PR RO, a Residency Determination by the local office is typical.

I do not see that how the process is described, whether or not labeled "SR," makes a difference: you are now being required to document your compliance with the PR RO.

The extent of your presence in Canada is a huge factor in the H&C assessment, so just because the form itself is focused on documenting the extent of your presence does not telegraph much about whether or not your H&C reasons are considered to have positive weight, let alone the extent to which they have positive weight. How many days you have been in Canada will influence that assessment. (Obviously, the more the better, the less the more negative this factor is.) I cannot tell if in your original application you declared the actual dates and total number of days you were in Canada, but again this is a very important part of the H&C analysis.

Mostly comply with the requests from IRCC, provide the information and documentation requested. Having a home in Canada is a big, positive factor. Your family in Canada is a big, positive factor. Time in Canada after applying for the PR card is a significant factor which can be positive as well. Even if you are issued a Departure Order, being settled in Canada, living and working in Canada, while the appeal is in process, can be a significant positive factor in how the appeal is decided.

In the meantime, the next step could be an interview. I believe, but I am not certain, that you will have an opportunity to appear for an interview before a Departure Order is issued. Or you could be issued a new PR card but subject to appearing at the local office for a counter interview.

In any event, you could help others in similar circumstances for reporting back what happens next for you.

 

[Canucki]

Many thanks for the elaborate response dpenabill

I am working with a trustworthy immigration lawyer, but I just wanted to see if other people here might have encountered similar circumstances and could share their actual/recent experiences with me. Comments from people like you who are knowledgeable, albeit no experts, also help as a reassurance.

I know that I could stay put for a couple of years then apply for renewal, but that wouldn't work for me because I have to exit and enter Canada for very short trips every several months.

While it could be a bit naive to say so, but I always believe that honesty and straightforwardness do work well. Fingers crossed, and I'll keep you posted.

 

[banafa]

Hello Forum,

I would appreciate your input on the following:

I applied for PR renewal 9 months ago, received AOR 4 months ago, then received a letter from CIC now informing me that they started PR determination investigation and asked me to fill questionnaire 5511.

In my original application I stated clearly and honestly that I do NOT meet PR physical stay OR (less than half of 730 days), and explained in detail (supported by evidence and documents) what I believe is an honest and compelling set of H&C considerations to be looked at (in short, I bought a home in Canada and started a business with full intention of residing here permanently, my spouse and kids stayed here and became Canadian citizens, while I had to go back to look after my seriously sick mother until she passed away. I only managed to visit Canada once or twice every year because of that).

I am puzzled why would I receive IMM 5511 questionnaire, which basically aims at verifying legitimacy of claimed compliance with RO, while I have already stated that my durations of stay do NOT comply with RO and that I only rely on H&C considerations in my application for PR renewal. I will basically just fill the forms again, and submit all the documents again (after 9 months wait) with same information (other than my additional long stay in Canada since I applied for renewal).

Is this "PR determination investigation" different from "Secondary Review", and how so? I wasn't informed that there is an SR.

What should I expect to happen next? Has anyone been through something similar or heard of it?

Thank you.

I'm in Canada, and have no plans of leaving unless if an emergency cones up.

 

[dpenabill]

While it could be a bit naive to say so, but I always believe that honesty and straightforwardness do work well. Fingers crossed, and I'll keep you posted.

I do not think this view is the least bit naïve.

Not in fashion, no doubt. But what is in fashion is often myopic.

I often emphasize that one of the most influential factors is the individual's credibility. As it is, this is a factor that can go way, way negative all too easily. Whereas a positive credibility factor does not make up much for negatives, like the extent to which one is short of meeting the PR Residency Obligation.

In the overall balance, however, my strong impression is that accurate and complete works better than any fudging, even though obviously more than a few sometimes get away with fudging things.

In particular, my sense is that the success of a few who fudge looks so good and promising, that too many succumb to the temptation to fudge and, they hope, avoid the consequences of the actual facts. But overall, there is more success for those who own up to the situation, accept the consequences of the actual facts, and work with what they have to make the best of it they can. Again, this appears to be out of fashion, but I have been around a long, long while now (yeah, I am an old man) and have, as one of my favourite Canadians sang, looked at things from both sides now, and from what I have seen, it really is not a close call. (With some exceptions.)