Filipiniana News –
October 2017
PR Card Renewal Issues
After having
gone through hoops to obtain their much-coveted status in Canada, many
immigrants sadly remain ill-informed on some important issues relating to their
status, including the renewal of permanent resident (PR) cards.
For instance,
permanent residents who are planning to travel outside Canada but whose PR
cards are about to expire are not always aware that the PR card renewal
processing times can be lengthy, and must therefore be planned for well in
advance.
The longer
processing times for PR card renewals had been partly attributed to stricter
scrutiny being conducted by Immigration, Refugees and Citizenship Canada (IRCC) of the applicant's compliance with PR
residency requirements. The prevalence
of applications with fraudulent residency claims have unfortunately prejudiced
everybody else, even those not guilty of similar activity.
While CIC (now
IRCC) used to process PR card renewal applications urgently if submitted at
least three weeks in advance and with confirmed plane tickets, this is not the
case anymore. IRCC had recently imposed stricter guidelines on who may
qualify for urgent processing of PR cards.
The
IRCC website states that to qualify for urgent processing, the PR applicant
must show that the PR card is needed within the next three months for one of
these reasons:
·
a job
opportunity or work related to the PR's current job
·
the
PR's own serious illness or that of a family member
·
the
death of the PR's family member
Even if one qualifies under any of the above reasons, IRCC cannot guarantee
that the application will be processed urgently or that the new PR card will be
issued on time. The following documents
are also required for urgent processing:
·
plane
ticket or itinerary showing the destination and dates of travel
·
proof
of payment for travel showing the date, full amount and method of payment
·
letter
explaining the reason for the urgency and
·
proof
of urgency (i.e. a doctor’s note, death certificate, letter from employer, etc.
If the urgent
processing request is not granted for any reason, and the PR needs to leave
immediately, the PR still has the option of applying for a permanent resident
travel document (PRTD) from a visa office outside Canada. Like the PR card renewal application
however, this application may be subject
to processing delays hence there is no guarantee when a PR will receive a PRTD
that will authorize reentry to Canada.
Neither is there any guarantee that a PR card renewal or a PRTD application
will be granted.
When PR cards
were created under the Immigration and Refugee
Protection Act (IRPA), many
erroneously thought that as long as they possess valid PR cards, their status
as permanent residents will be safe (not true).
Conversely, some are surprised to learn that the lack of a valid PR card
will not negate one’s PR status. In
fact, PRs who do not travel outside Canada do not need to have valid PR cards
and can apply for Canadian citizenship even with an expired PR card upon
completing the citizenship requirements.
The present law
requires permanent residents to meet the residency obligation of two years (or
730 days) within every five-year period to maintain their PR status. However, some fail to realize that the
two-year within every five-year period residency requirement to maintain PR
status is a rolling requirement, i.e. the five-year period refers to the five
years from the date of entry, hence it changes every time a PR reenters
Canada. Moreover, the residency
requirement only becomes subject of scrutiny if one reenters Canada, applies for a PR card renewal or for a
PRTD.
Under the
current version of Canada's immigration law (IRPA), the residency obligation
may be satisfied in any of the following ways:
·
actual
physical presence in Canada;
·
if
outside Canada accompanying a Canadian citizen spouse or common-law partner or
is a child accompanying a parent;
·
if
outside Canada and employed full-time by a Canadian business or in the public service of Canada
or a province; and
·
if an
accompanying spouse, common-law partner or child of a permanent resident who is
employed full-time by a Canadian business or is in the public service of Canada
or a province.
The burden of
proving that one has satisfied the residency requirement, falls on the PR
applicant. Therefore, if there is no
adequate evidence provided to support one’s residency claim, this could result
in longer processing delays (as further investigation and/or more documentation
will be required) or worse, a refusal of the application and subsequent
revocation of one’s PR status. The
revocation of PR status can be appealed to the Immigration Appeal Division
(IAD) of the Immigration and Refugee Board.
Aside from questions of law and possible denial of natural justice, the
IAD also has jurisdiction to consider humanitarian and compassionate grounds in
light of all the circumstances of the case.
However, the chances of succeeding on appeal will depend on the evidence
presented and the presiding board member’s weighing of all factors
involved.
A situation or
action that could spell doom for one’s permanent resident status, PR card
renewal or PRTD, is
misrepresentation. If it turns out that
there was any misrepresentation of a material fact made in one’s application
for a PR card, PRTD or in the PR
application itself, this can be used as a ground to initiate admissibility
proceedings and may eventually lead to removal from Canada. Some common examples of misrepresentation
involve falsified residence or travel history, undisclosed marital status or
criminal records.
Awareness of
these issues may also serve as a reminder that permanent residence in Canada is
not as permanent as some might think.
Clearly, the Canadian government may take steps to revoke one’s permanent
residency whenever certain conditions are not met or based on relevant legal or
public policy considerations.
As in most
aspects of life, prevention is better than cure.
This article is meant for legal information
purposes only and not intended to provide specific legal advice. You should consult a legal professional to
discuss your particular circumstances.
The
author is a Canadian immigration lawyer and may be reached at deanna@santoslaw.ca or tel. no.
416-901-8497.
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