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Residency appeal allowed: Best time to apply PR card?

milestogo

Star Member
May 9, 2010
52
9
My residency appeal was allowed saying I am in compliance of residency obligation and refusal in legally valid.

They have issues me 1 year multiple visa and I have entered Canada with no issues.

Would like to know when should I apply for the PR card?

Thanks
 

dpenabill

VIP Member
Apr 2, 2010
6,252
3,018
My residency appeal was allowed saying I am in compliance of residency obligation and refusal in legally valid.

They have issues me 1 year multiple visa and I have entered Canada with no issues.

Would like to know when should I apply for the PR card?

Thanks
Navigating more complex PR circumstances requires a careful consideration of the PR's situation, all the facts and circumstances, and ultimately is a personal decision which should depend, in part, on personal priorities and plans and expectations for the future.

So any overtly personal advice offered here should be considered suspect, presumed to be unreliable.


Some General Observations:

Generally, a PR can and should apply for a new PR card IF the PR is eligible and is living in Canada. Thus, the PR needs to be in compliance with the PR Residency Obligation as of the date the application for the PR card is made (with some exceptions).

The decision on appeal was probably (but not necessarily always) based on compliance with the PR RO as of a specific date, depending on whether the appeal was about a Report and Removal Order issued in Canada (at PoE or otherwise), or was the appeal of a denied application for a PR Travel Document.

For example, if a PR appealed the denial of a PR TD, the date compliance with the PR RO was based on was the date the application for the PR TD was made. That date is obviously some time in the past, either months ago or perhaps even more than a year ago. The fact that IRCC determined, in the appeal, that the PR was in fact in compliance with the PR RO as of that date does NOT reveal whether the PR is currently in compliance with the PR RO. To be eligible for a new PR card the PR should be in compliance with the PR RO now or at least as of when the PR makes the application for the PR RO.

The specific facts matter. If, for example, a Visa Office denied a PR TD based on concluding the PR did not qualify for a credit given a PR accompanying a Canadian citizen abroad, and in the appeal IRCC determined the PR was entitled to such credit (and thus met the PR RO on that basis), if the PR and citizen spouse have continued to live together, there should be NO issue, no problem in establishing compliance with the PR RO. And in this situation, the PR only needs to be IN CANADA to make the PR card application.

Caution: be sure to be truthful in all the information submitted. More than a few PRs are tempted to give a Canadian address for where they live even though that is not where they actually live. PRs only staying briefly in Canada, for example, sometimes do this and give the address of a family member or close friend. While this appears to work many times, IT is foolish to make any misrepresentation to IRCC.

I recognize that individual circumstances can be both more complicated and more difficult than the examples I addressed. Ultimately how to navigate this is a very personal decision, one to be made considering all the facts and circumstances in the PR's situation, including the individual's priorities and future plans.
 

milestogo

Star Member
May 9, 2010
52
9
Thanks dpenabill....

To clarify: I completed by residency obligation, applied for renewal and then due to family reasons left Canada. I got letter from CIC to pick up PR card. To pick it up, I applied for the travel doc and was rejected and got IAD hearing which was rejected with appeal option.

I appealed and it was determined I haven't lost by PR status and with that court order I applied for visa from home country. 1 year multi entry visa was issued and I entered Canada this month.

Is there negative impact if I just send in the PR card application attaching the Residency order copy stating I met residency obligation in a past date. As I may have to travel in vacations to home country so I may need PR card to reenter.

Please advise
 

canuck78

VIP Member
Jun 18, 2017
52,959
12,759
Are you aware that after the first 5 years the RO is a rolling requirement so you must have lived in Canada for 2 out of 5 years at any moment. It is not a second 5 year period where you have to be in Canada for 2 out of 5 years.
 

Almost_Canadian

Star Member
Dec 2, 2015
133
17
You have mentioned you were issued a 1 year multiple entry visa. So for the next year you should be ok to travel and return using that.
But as @canuck78 has mentioned, your residence obligation is a rolling requirement. For eg, as of today 3rd July 2018 it is to be counted back 5 years from today - 3rd July 2013 and if you check it tomorrow it will count back 5 years from tomorrow. If you check on 5th Aug 2018, you will count back 5 years to 5th Aug 2013 and so on.
 

milestogo

Star Member
May 9, 2010
52
9
Thanks for feedback.

So means I wont be able to go out of Canada after 1yr visa expires.I would need to stay for 730 days and then apply for PR card.

Does it help I have US B1 visa and I can enter by road as well?
 

Almost_Canadian

Star Member
Dec 2, 2015
133
17
The issue is not just leaving and reentering Canada.
Each time you reenter , even with the 1 year multiple entry visa which you have, the officer may do a check to see if your are in compliance with residence obligation as of that date of entry. So that's something which you have to keep in mind.
 
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