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PRTD Rejected Despite Invite Letter from IRCC 

PMM
PMM
Posts: 459


Posted On: 6/15/2017
PMM
PMM
Posts: 459
Hi


I applied for PRTD on 6th March'17 with Canada Visa Office


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.


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)




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


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)


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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