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Supporting documents showing that you meet the residency obligation

tarekahf

Member
Sep 1, 2017
10
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I am checking the supporting documents required to show that you meet the residency obligation to Renew the PR Card.

I understand that you need such documents if you were outside Canada for 1095 days in the past 5 years.

See this link:

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5445-applying-permanent-resident-card-card-first-application-replacement-renewal-change-gender-identifier.html#5445E4

And, this link:
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5445-applying-permanent-resident-card-card-first-application-replacement-renewal-change-gender-identifier.html#appendixA

Below is part of the text I got from the links above:

Additional documents you may need to complete and submit, if they apply:
  • Proof of residency requirement: if you were outside Canada for 1095 days or more in the past five (5) years, provide supporting documents as they apply to you based on the situations outlined in Appendix A: Residency Obligation.
  • ...

This means, if you didn't stay outside Canada for 1095 days or more, you don't need to submit such supporting documents. But, when you read Appendix A: Residency Obligation, I get the understanding that the list of supporting documents is required in all cases.

The required supporting documents are mentioned as follows:

Supporting documents showing that you meet the residency obligation
  • You must provide copies of 2 pieces of evidence that can show residency in Canada in the five (5) years immediately before the application, such as:
    • employment records or pay stubs;
    • bank statements;
    • Canada Revenue Agency (CRA) Notice of Assessment for the five (5) years immediately before the application
    • evidence that you received benefits from Canadian government programs;
    • rental agreements;
    • club memberships;
    • or any other documents that prove you met your residency obligation.

Can you please clarify if I have to submit the list as mentioned above in all cases? If the applicant stayed 5 years or more with a minimum of 730 days within the past 5 years, does the applicant need to submit the residency proof for this case?
 

steaky

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Nov 11, 2008
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I am checking the supporting documents required to show that you meet the residency obligation to Renew the PR Card.

I understand that you need such documents if you were outside Canada for 1095 days in the past 5 years.

See this link:

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5445-applying-permanent-resident-card-card-first-application-replacement-renewal-change-gender-identifier.html#5445E4

And, this link:
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5445-applying-permanent-resident-card-card-first-application-replacement-renewal-change-gender-identifier.html#appendixA

Below is part of the text I got from the links above:

Additional documents you may need to complete and submit, if they apply:
  • Proof of residency requirement: if you were outside Canada for 1095 days or more in the past five (5) years, provide supporting documents as they apply to you based on the situations outlined in Appendix A: Residency Obligation.
  • ...

This means, if you didn't stay outside Canada for 1095 days or more, you don't need to submit such supporting documents. But, when you read Appendix A: Residency Obligation, I get the understanding that the list of supporting documents is required in all cases.

The required supporting documents are mentioned as follows:

Supporting documents showing that you meet the residency obligation
  • You must provide copies of 2 pieces of evidence that can show residency in Canada in the five (5) years immediately before the application, such as:
    • employment records or pay stubs;
    • bank statements;
    • Canada Revenue Agency (CRA) Notice of Assessment for the five (5) years immediately before the application
    • evidence that you received benefits from Canadian government programs;
    • rental agreements;
    • club memberships;
    • or any other documents that prove you met your residency obligation.

Can you please clarify if I have to submit the list as mentioned above in all cases? If the applicant stayed 5 years or more with a minimum of 730 days within the past 5 years, does the applicant need to submit the residency proof for this case?
On the checklist (IMM 5644e-4 form), it ask you: include them only if you were outside of Canada for 1095 days or more in the five years and refer to appendix A of the instruction guide for a list of the documents required. So if this is not applicable, then you can just skip it.
 

bricksonly

Hero Member
Mar 18, 2018
433
54
On the checklist (IMM 5644e-4 form), it ask you: include them only if you were outside of Canada for 1095 days or more in the five years and refer to appendix A of the instruction guide for a list of the documents required. So if this is not applicable, then you can just skip it.
What do you mean? Residency proof in Canada is not necessary then?
 

steaky

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Nov 11, 2008
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What do you mean? Residency proof in Canada is not necessary then?
If you were outside Canada for 1095 days or more in the five years, then you need your residency proof in Canada. Is that clear to you?
 

Ponga

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Oct 22, 2013
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What do you mean? Residency proof in Canada is not necessary then?
Yes, if the applicant has NOT been outside Canada for 1095 days or more.

Additional documents you may need to complete and submit, if they apply:

  • Proof of residency requirement: if you were outside Canada for 1095 days or more in the past five (5) years, provide supporting documents as they apply to you based on the situations outlined in Appendix A: Residency Obligation.
 

dpenabill

VIP Member
Apr 2, 2010
6,252
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What do you mean? Residency proof in Canada is not necessary then?
When applying for a PR card: A PR in Canada who meets the PR RO, and who has not been outside Canada for more than 1095 days during the preceding five years, does NOT need to submit, with the application, the proof of residency in Canada, as described in Appendix A in the guide.

Some PRs, like a PR who is relying on credits for accompanying a citizen spouse abroad (because they do not meet the RO just counting days IN Canada, meaning they were outside Canada more than 1095 days in the relevant five years), do need to submit, with the application, proof of residency as described in the Appendix. Which proof needs to be submitted depends on which credit the PR is claiming (very different proof needed for a PR relying on credit for days abroad employed by a Canadian business than what is needed to qualify for credit based on accompanying a citizen spouse abroad).

That said, PRs should keep and have available to present if asked, proof of residency (documentation of address and employment in Canada for example).
 

bricksonly

Hero Member
Mar 18, 2018
433
54
When applying for a PR card: A PR in Canada who meets the PR RO, and who has not been outside Canada for more than 1095 days during the preceding five years, does NOT need to submit, with the application, the proof of residency in Canada, as described in Appendix A in the guide.

Some PRs, like a PR who is relying on credits for accompanying a citizen spouse abroad (because they do not meet the RO just counting days IN Canada, meaning they were outside Canada more than 1095 days in the relevant five years), do need to submit, with the application, proof of residency as described in the Appendix. Which proof needs to be submitted depends on which credit the PR is claiming (very different proof needed for a PR relying on credit for days abroad employed by a Canadian business than what is needed to qualify for credit based on accompanying a citizen spouse abroad).

That said, PRs should keep and have available to present if asked, proof of residency (documentation of address and employment in Canada for example).
How about PR live zero days in Canada...or 2 weeks in Canada? I don't understand this, asking for applicant for proof of residency in Canada other than aboard...make no sense...should focus on status the applicant living aboard...
 

dpenabill

VIP Member
Apr 2, 2010
6,252
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How about PR live zero days in Canada...or 2 weeks in Canada? I don't understand this, asking for applicant for proof of residency in Canada other than aboard...make no sense...should focus on status the applicant living aboard...
I hope it does not come across as rude, but your questions suggest you might need someone to assist you in reading and following the instructions. Not necessarily someone with expertise, not necessarily a lawyer or consultant, just someone like a parent, close friend, colleague, someone you trust and who you are confident can read and explain the instructions, and help you work your way through making the PR card application (if that is what you are struggling with and asking questions about).

While I will nonetheless try to explain this better, please look at the instructions and the checklist for YOURSELF and see if you can understand how they apply to YOUR specific situation; they are not all that complicated and you should be able to figure out what YOU need to provide with your application, and if you are still unsure, get a family member or friend, someone you trust and have confidence in, to go through it with you.

So, otherwise, explaining this yet another way . . .

The observation there is NO need to submit proof of residency IN Canada ONLY applies to PRs who (1) are applying for a PR card, and (2) have been IN Canada at least 730 days. That is, those who have not been outside Canada more than 1095 days.

Obviously, this is NOT about a PR who has spent zero days in Canada, or two weeks.

And this is not about applying for a PR Travel Document, for which proof of residency in Canada is required as detailed in Appendix A and quoted above by @tarekahf


Regarding a PR in Canada zero days or just two weeks:

Obviously, such a PR is NOT in compliance with the PR Residency Obligation UNLESS they qualify for one of the exceptions allowing credit toward the RO for time abroad. If they make a PR card or a PR TD application they need to submit sufficient evidence, documentation, to prove they meet the residency requirement.

(Note, alternatively, PRs not meeting the RO can apply for a PR card or PR TD requesting their application be approved based on H&C reasons.)

In particular, PRs who do not meet the PR Residency Obligation based on days actually in Canada, that is PRs who were outside Canada more than 1095 days during the previous five years, need to submit the proof listed in Appendix A: Residency Obligation. What proof they need to submit depends on which credit they are claiming.

For example, a PR who spent the previous five years outside Canada (zero days in Canada) accompanying their Canadian citizen spouse will need to submit the supporting documents enumerated in the Appendix under the heading: Situation B. Accompanying a Canadian citizen outside Canada where it lists "mandatory" documents (spouse's passports; proof of spouse's citizenship; documentation of address where spouse has resided for the relevant five years; marriage license or proof of cohabitation) and other documents which will help prove the PR qualifies for the accompanying a citizen spouse credit.

The list of proof of residency (compliance) for a PR relying on employment outside Canada for a Canadian business credit is much longer and more complicated, and is set out under the heading: Situation A. Accompanying a Canadian citizen outside Canada and relates to documentation regarding the business, the employment, showing that both meet the qualifying requirements for this credit.


A Note For Further Clarification: the query posed by @tarekahf refers to a common confusion created by the language in Appendix A: Residency Obligation.

The language in the appendix states "you must provide copies of 2 pieces of evidence that can show residency in Canada in the five (5) years immediately before the application," which again @tarekahf quoted above. BUT as @steaky and @Ponga, here, and many others many times in other threads, have noted, the instructions for a PR card application and the document checklist for a PR card application, do NOT require a PR to include proof of residency (neither proof of residency IN Canada nor proof otherwise showing residency based on credits for time outside Canada) as provided in Appendix A UNLESS they were outside Canada more than 1095 days in the relevant five year period.
 

bricksonly

Hero Member
Mar 18, 2018
433
54
I hope it does not come across as rude, but your questions suggest you might need someone to assist you in reading and following the instructions. Not necessarily someone with expertise, not necessarily a lawyer or consultant, just someone like a parent, close friend, colleague, someone you trust and who you are confident can read and explain the instructions, and help you work your way through making the PR card application (if that is what you are struggling with and asking questions about).

While I will nonetheless try to explain this better, please look at the instructions and the checklist for YOURSELF and see if you can understand how they apply to YOUR specific situation; they are not all that complicated and you should be able to figure out what YOU need to provide with your application, and if you are still unsure, get a family member or friend, someone you trust and have confidence in, to go through it with you.

So, otherwise, explaining this yet another way . . .
I believe you didn't get my thought.

I only think people living less than 730 days but applying for PR Card renewal are mostly qualified for exemption. Please note, this is a PR Card application, meaning PRs are already in Canada without being reported, they won't ask any PRTD with any H/C issue. They have some reasons to get a PR card to travel, not live, in Canada. And the law doesn't limit this.

If it is not their first 5 year leaving the country, most of them live aboard much longer than in Canada. However, they are still PRs. To simply ask them to offer Canadian residency proof looks weird. They cannot offer. To verify their status aboard is much important in these cases. IRCC maybe has no ability to verify overseas documents.

At least, if I am boss of IRCC, I will ask putting more emphasis on what happen aboard for these application, not applicants' status in Canada. According to the law, you don't need any tie with Canada but only if you are physically in, the days count. Do you have to prove you are normally living in Canada to get RO compliance? NO, only days are important.

So, my point is IRCC changes the way to review every case. All PRs should be able to apply online and let CBSA data verify their applications. If more than 730 days, there is a pass. Applicants don't even offer their travel history or do the maths. If less than 730 days, people get another portal to explain or appeal. This could greatly reduce IRCC's expense for its employee and speed up the whole process.

I know my English is much worse than yours. I am actually learning English from you. One of the best excellent and beautiful free English to learn. And of cause, could be even better if less words for simple questions.
 

dpenabill

VIP Member
Apr 2, 2010
6,252
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I believe you didn't get my thought.

I only think people living less than 730 days but applying for PR Card renewal are mostly qualified for exemption. Please note, this is a PR Card application, meaning PRs are already in Canada without being reported, they won't ask any PRTD with any H/C issue. They have some reasons to get a PR card to travel, not live, in Canada. And the law doesn't limit this.

If it is not their first 5 year leaving the country, most of them live aboard much longer than in Canada. However, they are still PRs. To simply ask them to offer Canadian residency proof looks weird. They cannot offer. To verify their status aboard is much important in these cases. IRCC maybe has no ability to verify overseas documents.

At least, if I am boss of IRCC, I will ask putting more emphasis on what happen aboard for these application, not applicants' status in Canada. According to the law, you don't need any tie with Canada but only if you are physically in, the days count. Do you have to prove you are normally living in Canada to get RO compliance? NO, only days are important.

So, my point is IRCC changes the way to review every case. All PRs should be able to apply online and let CBSA data verify their applications. If more than 730 days, there is a pass. Applicants don't even offer their travel history or do the maths. If less than 730 days, people get another portal to explain or appeal. This could greatly reduce IRCC's expense for its employee and speed up the whole process.
It appears you are mostly talking about how-things-should-work. I generally steer well clear of wrestling with that (with isolated, narrow exceptions). My observations are oriented to the way things do work.

Getting a clear understanding about how things actually do work is challenging enough. For me anyway. Government window-dressing aside, there is a lack of transparency in key aspects of processing immigration matters, and that is combined with the extent to which it can be difficult to navigate the Byzantine labyrinth of information that is publicly accessible in the in the IRCC bureaucracy. This adds up to leaving more than a few gaps, and a measure of uncertainty and confusion, in what we know.

The main reason for focusing on sorting out how things actually work, apart from discussing prospective changes, is to minimize such confusion and avoid distraction. As is illustrated by the discussion about providing proof of residency in Canada, pursuant to the way things work for now, there's enough potential confusion in just that without getting sidetracked with proposed changes.

Another reason is that the vast majority of such discussions in a forum like this, about how things could be changed, should be changed, arguably for the better, tend to be so far outside the realm of what are feasible changes, let alone practically likely or probable changes, they are, frankly, largely frivolous, a distraction, not even academically interesting, and at the least well outside what is relevant for those who are trying to figure out what they need to do. Yeah, this tends to be dismissive. Being honest.

Meanwhile . . .
"my point is IRCC changes the way to review every case. All PRs should be able to . . . "​

I am not clear what it is you are proposing, but there is no indication there are any plans for major changes, or even any openness toward considering any major changes to IRCC's approach in applying the law governing the issuance of status cards to Permanent Residents. Over the years the applications have gotten longer and more detailed, and overall it is apparent the trend is continuing in the direction of more strictly screening PR's compliance with the RO, and more strict enforcement of IRCC's policies in regards to distinguishing, treating differently, PRs living in Canada versus those living outside Canada, trying to limit issuance of PR cards to the former, requiring the latter to rely on PR Travel Documents.

Which leads to . . .

PRs Outside Canada More Than In Canada:

IRCC clearly has policies which indicate a preference for limiting the issuance of PR cards to PRs settled and living IN Canada, and in contrast requiring PRs located, or even usually located outside Canada, to rely on PR Travel Documents. Whether one agrees with this, or not, this is how it is, and to the extent there have been changes in the last few years, those have been in the direction of more firmly implementing this approach. It is NOT likely there will be changes in the other direction coming from the current government. If (more like when) there is a Conservative government, any changes are far, far more likely to go even further in the direction of more strict, narrow policies and rules. Summary: No sign IRCC will be relaxing their approach to PRs perceived to be living outside Canada.

Caution: This has a real substantive impact. PR TD applications are processed in visa offices outside Canada. A PR outside Canada without a valid PR card is PRESUMED to NOT have valid PR status. This is a rebuttable presumption, and typically a fairly easily rebutted presumption by PRs with documentation they are in RO compliance. But nonetheless this presumption elevates the burden imposed on a PR. Obvious example: no need to include proof of residency in Canada with a PR card application (unless PR has been outside Canada more than 1095 days in the relevant five years), but this proof must be submitted with a PR TD application.

"According to the law, you don't need any tie with Canada but only if you are physically in, the days count. Do you have to prove you are normally living in Canada to get RO compliance? NO, only days are important."​

You appear to be focusing on and emphasizing what the law ALLOWS. In contrast, policies and practices are generally oriented to what the law's purposes or objectives are. Those policies and practices must, of course, operate within the boundaries of what the law mandates, including the full breadth of what the law allows. IRCC cannot, for example, implement and apply policies and practices which would deny issuing a status card (PR card) to a PR, let alone take away PR status, on the grounds they are outside Canada more than in Canada. As you note, if the PR has been actually present in Canada at least 730 days within the relevant five years, they are in RO compliance, and cannot be denied a status card, and will not lose PR status, because they have spent less than 913 days in Canada (that is, fewer days in Canada than in Canada during the relevant five years).

But in terms of how IRCC approaches and handles transactions with PRs, including PR card applications, among others, you are wrong that "only days are important." The purpose for giving individuals PR status is to enable them to settle and live in Canada, PERMANENTLY. This purpose, this objective, plays a very large role in IRCC's policies and practices in dealing with PRs.

No need to read more than small selection of anecdotal reporting to recognize that from PoE examinations to PR card and PR TD applications, IRCC and CBSA are far more likely to facilitate smooth, routine processing when it is readily apparent the PR is settled PERMANENTLY in Canada than otherwise. No crystal ball or mystical vision necessary to see this. In terms of how it goes, actually being settled and living in Canada, appearing to be permanently settled in Canada, can indeed be "important." That is, it will not change the outcome so long as the PR remains within what the law allows. But it can significantly affect how things go, in terms of timelines and procedural requirements, and in terms of how skeptical the decision-making is.

Moreover, the 2/5 year obligation is clearly intended to facilitate PRs having the freedom to deal with compelling circumstances, including emergencies, without PRs having to worry that CBSA or IRCC will not approve of the reason for their extended time outside Canada . . . up to three years in any five year period. It is NOT intended to facilitate living outside Canada, let alone living outside Canada more than in Canada. It allows that, it allows that in order to give PRs the flexibility to decide for themselves what is important in their lives, to accommodate their priorities and needs, without having to answer to CBSA or IRCC.

So, do not anticipate, let alone expect, there to be changes in policies or practices that will facilitate PRs spending extended periods of time abroad, none beyond what the scope of how things work now accommodates. Things are not headed in that direction.
 
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dpenabill

VIP Member
Apr 2, 2010
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A Clarification:

Can you please clarify if I have to submit the list as mentioned above in all cases? If the applicant stayed 5 years or more with a minimum of 730 days within the past 5 years, does the applicant need to submit the residency proof for this case?
@steaky and @Ponga correctly answered this query. No. That is: a PR who has spent more than 730 days in Canada within the relevant five years does NOT need to submit proof of residency IN Canada with an application for a PR card (but does with an application for a PR TD) as described in the appendix to the guide.

I have further elaborated what this means.

In retrospect, however, it is probably worth noting, with some emphasis, this is in regards to what is REQUIRED. The PR applying for a PR card might, nonetheless, choose to include "2 pieces of evidence that can show residency in Canada," as described in the appendix to the guide.

I generally agree with the consensus in this forum, and probably the conventional wisdom otherwise: answer what is asked and provide what is requested, no more . . . that is, it is usually better to not volunteer more.

But generalities are always haunted by exceptions. And, frankly, providing the evidence/proof described in the guide's appendix, under the heading "Supporting documents showing that you meet the residency obligation," should be very easy for any PR actually living in Canada. All the guide calls for is just 2 pieces of evidence. It should be easy for a PR to include, with the application, a copy of one Notice of Assessment plus a copy of a single page record from an employer (pay stub or such), for example, with allowances for choosing to include a different item based on the list in the appendix.

KEEP it SIMPLE. And it should be easy to do this, providing just 2 pieces of evidence and keeping it simple.

For the PR who has been cutting-it-close, doing this, adding just two items, 2 pieces of evidence, to the total submission, totaling just two to six or so additional pages, at most, this might mean the difference between routine processing, and getting a new card within a few weeks of the routine processing times, versus a referral to non-routine processing which can delay getting the new card for weeks or, if there is a referral to Secondary Review, many months and perhaps as long as a year.

I cannot emphasize enough, nonetheless, for most, and most of the time, it is best to avoid submitting much more than what is specifically required, to keep any extra submissions simple, FEW in number.
 

tarekahf

Member
Sep 1, 2017
10
4
Folks, I honestly thank you all for your replies. I guess you agree with me that the instructions provided in different places may give the impression that there is a possible contradiction among the requirements. But, with your great help, all contradictions have been cleared.
 

tarekahf

Member
Sep 1, 2017
10
4
Thank you @steaky, @Ponga, and @dpenabill... I'd like to take advantage of this thread and ask another question. Do let me know if I have to create a new post.

Is it OK to attach both forms with the online application to renew the PR Card: a) Use of a representative (imm5476e) - and - b) Authority to release personal info (imm5475e0)? Both forms are for the same applicant who is renewing the PR Card, and the same person who is representing the applicant.
 

wnsgkstm

Newbie
Jun 9, 2023
1
0
Hi, I have a question about my situation.
I am not over 1095 days outside of Canada.
So, I don't have to submit the residency obligation documents to renew my PR card?
However, If I have to submit them, how many of bank statements should I submit to them?
It says I have to provide copies of 2 pieces of evidence that can show residency in Canada in five years.
If I want to provide a bank statement and NOA.
I understand for NOA, I need 5 of them. But how about a bank statement?
Should I prepare 60 pages of them to show 5 years?
 
Last edited:

dpenabill

VIP Member
Apr 2, 2010
6,252
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Hi, I have a question about my situation.
I am not over 1095 days outside of Canada.
So, I don't have to submit the residency obligation documents to renew my PR card?
However, If I have to submit them, how many of bank statements should I submit to them?
It says I have to provide copies of 2 pieces of evidence that can show residency in Canada in five years.
If I want to provide a bank statement and NOA.
I understand for NOA, I need 5 of them. But how about a bank statement?
Should I prepare 60 pages of them to show 5 years?
The discussion above was based on the checklist for a PR card application BEFORE changes were adopted. Current checklist, IMM 5644 (04-2023) requires ALL PR card applicants to submit at least two pieces of evidence showing residency.

Reminder: CURRENT guides and forms should ALWAYS be the primary source consulted in regards to questions about making IRCC applications. And for sure checked again when actually submitting an application.

Current checklist, IMM 5644 (04-2023), states:
[ ] Proof showing that you meet the residency obligation in the past five (5) years immediately before the application. Please refer to Appendix A of the instruction guide for a list of the documents required.

The change is the subject of discussion in topic titled: “Proof showing that you meet the residency obligation…” now mandatory? Which is here:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/“proof-showing-that-you-meet-the-residency-obligation…”-now-mandatory.805920/ (with appreciation to @Johny Bravo for catching this and bringing it to the forum's attention).

In that discussion @Ponga cites the relevant part of Appendix A there, listing the documents/evidence suggested in the instruction guide.

I also discuss, there, what this means in terms of documents/evidence to submit:
The request is for documents which "show" residency. Just two pieces of evidence. That's not a lot. My understanding of this is that they are asking for something that more or less definitively shows the PR has an actual life in Canada, something to show the PR was working in Canada, or had a place where the PR has been living in Canada, or at least showing the PR engaged in activities (banking, medical care, club participation) here. My sense, for one example, is that for many, perhaps even a majority, just a single pay stub plus rental agreement for any period of time within the five years would suffice.

UNLESS there is reason to question the PR's account of days present in Canada to a degree that would put the application into non-routine processing.

Which is to say that for some, perhaps many or even most PRs, just one pay stub and one bank statement will suffice. Just enough to demonstrably establish the PR has actual, real life ties to a life ("residency") in Canada.

For PRs cutting-it-close, including someone applying without actually having spent, yet, 730 days in Canada since landing, it would be prudent to provide more. A CRA Notice of Assessment (reflecting substantial employment in Canada) plus rental receipt (or property tax assessment) covering a significant period of time, for example, might be enough to avoid a referral to Secondary Review or even non-routine processing altogether.

What any particular PR should submit, what you should submit, is a personal judgment call. What is prudent will vary.
 
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