Moderator Moderator Posts: 4142
Posted On: 2/16/2016
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Hello,
Thank you for sharing your situation and question with us.
You can find some detailed information in the CIC ENF 27 Permanent Resident Card Operations Manual. Here is an excerpt,
Exception: One-year validity
Exceptions to issuing a five-year card are described in R54(2), in which case a one-year card is issued. R54(2) states:
54.(2) A permanent resident card is valid for one year from the date of issue if, at the time of issue, the permanent resident
(a) is subject to the process set out in paragraph 46(1)(b) of the Act; (b) is the subject of a report prepared under subsection 44(1) of the Act; (c) is subject to a removal order made by the Minister under subsection 44(2) of the Act and the period for filing an appeal from the decision has not expired or, if an appeal is filed, there has been no final determination of the appeal; or (d) is the subject of a report referred to the Immigration Division under subsection 44(2) of the Act and the period for filing an appeal from the decision of the Immigration Division has not expired or, if an appeal is filed, there has been no final determination of the appeal.
In practice, this means that all cards are issued for a validity of five years except where an applicant is described in R54(2)(a) to (d) above. Where a card is valid for one year, pending finalization of any report, admissibility hearing, Minister's delegate review or appeal, the client has the option of applying for a new card whenever they are no longer in the enforcement stream, e.g., an appeal has been allowed. It should be noted, however, that once a card is issued, irrespective of its validity, and the client takes possession, the transaction is considered completed. Cards are not automatically cancelled, revoked or re-issued based on subsequent enforcement events.
If you have any additional questions, you may want to contact the Citizenship and Immigration Canada (CIC) Call Centre directly.
I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.
===== Anna Settlement.Org Content and Information/Referral Specialist, CIRS Settlement.Org
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