Total said:
You are right I will do that.
The only confusion I have is that on the absence form they want me to list all my absences from Canada
From date of landing March 11 2011 to the date I sign that form
On the imm5511 looks like I am to list physical presence in Canada from date of landing mar 11 2011 to my application date jan 9 2016
It just does not sound right to me?? Am I missing something here? I am not getting credit for being in Canada up to May 2016 but I have to list absences up to May 16
There may be two concurrent inquiries.
One inquiry can address the PR's eligibility to be issued a new (renewed) PR card, based on the PR's application for the PR card; compliance with the PR Residency Obligation is an element of eligibility, and if the PR does not prove compliance with the PR RO
as of the date of the application, that is a basis to deny issuing a new PR card.
The other can be a formal
Residency Determination to assess compliance with the PR RO
as of the date of that Residency Determination; the date you sign the form becomes the relevant date for determining compliance with the PR RO. If IRCC determines you are not in compliance on that date, they can (and likely will) issue a Departure Order or a Removal Order.
So, essentially, you now must generally prove you met the PR RO as of two separate dates, as of the date you signed the application for the new card, and as of the date you sign the
RD form.
Caution: the key is making sure you are in compliance as of the date on the RD form, and this is especially so if you have been OUTSIDE Canada for a lengthy period since you made the PR card application.
I recognize you posted you have been in Canada, but for 14 days, since March 20, 2014. But the fact that you have received a
RD request suggests that someone at IRCC sees something in your case indicating:
-- your account of time in Canada in the PR card application is not accurate, or
-- you are outside Canada or were outside Canada at the time of applying for the PR card
Contrary to your suggestion,
"It seems the whole thing can be subjective and we are at their mercy," it is largely a fact-based, evidence-based inquiry,
the burden of proof on you of course.
But since you were abroad far more than you were in Canada, relative to any period of time for which there is some doubt whether you were in fact in Canada, or not,
the reasonable inference is that you were probably where you were most of the time, which was outside Canada.
So be sure to completely provide all the information and documentation that is requested in the
RD form. Follow their instructions. Remember the burden of proof is on you. (IRCC does not bother to determine whether a PR was inside or outside Canada for any time period they perceive that the PR's evidence does not affirmatively prove the PR was in Canada -- if the PR does not prove presence in Canada, that does not meet the burden of proof, and those days will not count as in Canada, no matter where the PR was.)
Proof of being employed and working at a particular location in Canada, preferably employed by a readily recognized Canadian business, is about as good evidence one can have. For obvious reasons, those who are self-employed, or employed by a small business owned by family, or any small business that does not have a significant footprint in Canada, need to better document their actual activity in Canada, including their employment related activity. Anyone employed by a business a consultant helped to organize should be particularly cautious (perhaps even consult with a reputable lawyer not connected to the consultant).
for reference:
Total said:
i applied for renewal before my 5 years were up
Landed March 11 2011
Applied jan 9 2016
I did the calculations as of January 9th I have 753 days
I still got the determination of residency letter along with Absence History letter
Not sure what triggers some getting that letter and others not
Since March 20 2014 I have been in Canada only missed total of 14 days
Hindsight could have waited few more months and I would have 800 days
Now I don't know why I am worried
Am fully employed, bought house have mtge etc
It seems the whole thing can be subjective and we are at their mercy
