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PRTD Rejected Despite Invite Letter from IRCC 

pal.chowdhury13@yahoo.com
pal.chowdhury13@yahoo.com
Posts: 1


Posted On: 6/15/2017
This is bring to your notice that I applied for PRTD on 6th March'17 with Canada Visa Office Pune with an intent to travel to Canada to collect my renewed PR card of which an invite letter has been sent to me by IRCC dated 31st January 2017.

Shockingly and to my utter despair the request for my PRTD has been rejected on pretext that I did not meet my residency obligation in a set of 5 years immediately preceding my date of PRTD application i.e 6th Mar 2017. The five year period to determine my residency obligation has been taken from 7th March 2012- 6th March 2017 instead of 11th June 2010 to 15th July 2015.


The chance of representing myself in front of an immigration officer for the handover of my renewed PR card in Etobicoke office has been taken away from me by the consulate despite of meeting the residency obligations.


Below furnished are my correct details that have been completely overlooked:


1) Permanent Resident Card Validity: 11th June 2010 - 15th July 2015 (5 year period)


2) Stay in Canada (Toronto- Ontario): 11th June 2010- 29th June 2012 (748 days)


3) Residency Obligation: In context of point 1 and 2, I met the residency obligation of 730 days in a period of 5 years allocated to me. I rather over stayed for 748 days during that period and then returned to my home country, India due to some ongoing personal issues including death in the family.


4) PR Card Renewal: Meanwhile in India, I initiated the process of PR card renewal on 15th April 2015 as my card was about to expire on 15th July 2015.


5) PR Renewal Notification from Citizenship and Immigration Canada (IRCC): I received a letter dated 31st January 2017 stating that I have to present myself in Etobicoke office to collect my PR card upon satisfying my residency obligation in front of an immigration officer.


6) Time lapsed during PR card renewal: I waited for a decision on my PR card renewal for approx. 1.9 years outside Canada.


7) Application of PRTD: Post receiving the notification letter dated 31st January 2017 (mentioned in point 5),a PRTD case was filed from my end on 6th March 2017 with an intention of collection of my renewed PR card. I gave all supporting documents to prove my residency obligations from the date I became PR as per the guide IMM 5529.


8) Email from cic.gc.ca- An email dated 9th March 2017 in response a query of mine clearly stated "We have verified the status of your file and your Permanent Resident card (PR card) has been issued. It was sent to the local office responsible for your area"- Yevgeniya, Agent 4038, IRCC.


If CIC had already verified my file and dispatched my renewed PR card then why am I denied the entry into the country to present myself and collect my renewed PR card?


The time frame taken in my case for calculation residency obligation i.e immediately preceding the date of my PRTD application is NOT correct and leading to only 117 days instead of 748 days.


I timely applied for renewal of my card and have been waiting ever since for a decision which implies I couldn't have traveled to Canada with an expired card unless I receive my renewed card. Then how come this period is being taken to calculate residency obligation?


This unruly decision has caused immense emotional turmoil and trauma to me. The amount of hardwork I had put in with meeting my residency obligation of 730 days has been dashed to ground in a most uncompassionate manner. This kind of decision should not have been made despite of meeting the residency obligation.
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PMM
PMM
Posts: 362


Posted On: 6/15/2017
PMM
PMM
Posts: 362
Hi


pal.chowdhury13@yahoo.com wrote:
This is bring to your notice that I applied for PRTD on 6th March'17 with Canada Visa Office Pune with an intent to travel to Canada to collect my renewed PR card of which an invite letter has been sent to me by IRCC dated 31st January 2017.

Shockingly and to my utter despair the request for my PRTD has been rejected on pretext that I did not meet my residency obligation in a set of 5 years immediately preceding my date of PRTD application i.e 6th Mar 2017. The five year period to determine my residency obligation has been taken from 7th March 2012- 6th March 2017 instead of 11th June 2010 to 15th July 2015.


The chance of representing myself in front of an immigration officer for the handover of my renewed PR card in Etobicoke office has been taken away from me by the consulate despite of meeting the residency obligations.


Below furnished are my correct details that have been completely overlooked:


1) Permanent Resident Card Validity: 11th June 2010 - 15th July 2015 (5 year period)


2) Stay in Canada (Toronto- Ontario): 11th June 2010- 29th June 2012 (748 days)


3) Residency Obligation: In context of point 1 and 2, I met the residency obligation of 730 days in a period of 5 years allocated to me. I rather over stayed for 748 days during that period and then returned to my home country, India due to some ongoing personal issues including death in the family.


4) PR Card Renewal: Meanwhile in India, I initiated the process of PR card renewal on 15th April 2015 as my card was about to expire on 15th July 2015.


5) PR Renewal Notification from Citizenship and Immigration Canada (IRCC): I received a letter dated 31st January 2017 stating that I have to present myself in Etobicoke office to collect my PR card upon satisfying my residency obligation in front of an immigration officer.


6) Time lapsed during PR card renewal: I waited for a decision on my PR card renewal for approx. 1.9 years outside Canada.


7) Application of PRTD: Post receiving the notification letter dated 31st January 2017 (mentioned in point 5),a PRTD case was filed from my end on 6th March 2017 with an intention of collection of my renewed PR card. I gave all supporting documents to prove my residency obligations from the date I became PR as per the guide IMM 5529.


8) Email from cic.gc.ca- An email dated 9th March 2017 in response a query of mine clearly stated "We have verified the status of your file and your Permanent Resident card (PR card) has been issued. It was sent to the local office responsible for your area"- Yevgeniya, Agent 4038, IRCC.


If CIC had already verified my file and dispatched my renewed PR card then why am I denied the entry into the country to present myself and collect my renewed PR card?


The time frame taken in my case for calculation residency obligation i.e immediately preceding the date of my PRTD application is NOT correct and leading to only 117 days instead of 748 days.


I timely applied for renewal of my card and have been waiting ever since for a decision which implies I couldn't have traveled to Canada with an expired card unless I receive my renewed card. Then how come this period is being taken to calculate residency obligation?


This unruly decision has caused immense emotional turmoil and trauma to me. The amount of hardwork I had put in with meeting my residency obligation of 730 days has been dashed to ground in a most uncompassionate manner. This kind of decision should not have been made despite of meeting the residency obligation.


1. When you apply for a PRTD IRCC counts back from the date of application 5 years. So in your case to the 06/03/2012. So to have maintained your PR status you would have had to have resided in Canada 730 days in that period. Note the PR residency requirement is a rolling 5 year period, you can;t just pick the 5 year period you want.
2. It appears that you didn't meet the residency requirements, and you applied for your PR card while residing outside Canada, the rules state you have to be residing in Canada to renew a PR card. IRCCs calculation is the correct one.
3. You have the option to appeal the refusal to IAD, you have 60 days to appeal from the date of the decision, if you don't you lose your PR status.
4. IRCC would have issued you instructions on how to appeal.

From the Immigration Act

Residency obligation
  • 28 (1) A permanent resident must comply with a residency obligation with respect to every five-year period.

  • (b) it is sufficient for a permanent resident to demonstrate at examination
    • (i) if they have been a permanent resident for less than five years, that they will be able to meet the residency obligation in respect of the five-year period immediately after they became a permanent resident;
    • (ii) if they have been a permanent resident for five years or more, that they have met the residency obligation in respect of the five-year period immediately before the examination; and
  • (c) a determination by an officer that humanitarian and compassionate considerations relating to a permanent resident, taking into account the best interests of a child directly affected by the determination, justify the retention of permanent resident status overcomes any breach of the residency obligation prior to the determination.
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Wanderer
Wanderer
Posts: 13


Posted On: 6/24/2017
Wanderer
Wanderer
Posts: 13

pal.chowdhury13@yahoo.compal.chowdhury13@yahoo.com

1) Permanent Resident Card Validity: 11th June 2010 - 15th July 2015 (5 year period)

2) Stay in Canada (Toronto- Ontario): 11th June 2010- 29th June 2012 (748 days)


3) Residency Obligation: In context of point 1 and 2, I met the residency obligation of 730 days in a period of 5 years allocated to me. I rather over stayed for 748 days during that period[/B] and then returned to my home country, India due to some ongoing personal issues including death in the family.


Given that you haven't been in Canada in almost 5 years, why not just move on with your life? From what you wrote it seems that there is any intent to actually establish a permanent residence in Canada.

BTW, the 730 days in the minimum. It isn't really overstayong to be in Canada for 748 days out of five years.
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