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ForumUser Posts: 541
Posted On: 7/21/2016
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I am a PR Since January 21 2013 and I have spent 5weeks ın Canada, while I was away I had been assisting my mother.
I know I have not met the residency obligation but was wondering if me taking care of my mum would be an exception when I am applying for a new Pr.
I hope to hear some explanation regarding my case.
Kind regards.
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Moderator Moderator Posts: 4142
Posted On: 7/21/2016
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Hello,
Thank you for sharing your questions with us.
Regarding the process, as you may have already read, basically what happens is that, each time you enter Canada, Citizenship and Immigration may calculate 5 years back from the date you have entered or re-entered Canada to see if you have fulfilled your residency obligation.
You can find information on the process that is followed when entering Canada in this Citizenship and Immigration Canada (CIC) ENF 23 - Loss of Permanent Resident Status manual.
Here is an excerpt from the manual on what happens at the port of entry here:
"7.8 Examining Permanent Residents at a POE (Port of Entry)
When a permanent resident appears at a POE for examination, the officer must confirm that the person is a permanent resident. Officers must remain cognizant of the fact the Act gives permanent residents of Canada the right to enter Canada at a port of entry once it is established that a person is a Permanent Resident, regardless of non-compliance with the residency obligation in A28 or the presence of other grounds of inadmissability.
Port of entry officers (POE) can refuse entry to a Permanent Resident only when the person has already lost the status in accordance with the provisions of A46 (such as when a final determination has been made that they have failed to comply with the residency obligations or when a removal order comes into force).
In other words, once a permanent resident's status is established, the person may enter Canada by right and the immigration examination under IRPA concludes.
If an officer has concerns that a permanent resident has not complied with the residency obligation of A28, the officer should advise the permanent resident when the examination is concluded that they are authorized to enter Canada; however, the permanent resident may wish to answer additional questions so the officer may determine whether their concerns are well founded or not.
In cases where:
- permanent resident status is established;
- the permanent resident refuses to provide any further information and enters Canada;
and
- the officer believes, on a balance of probabilities that the person is in non-compliance with the residency obligation, officers may report the person, pursuant to A44(1). if there is sufficient evidence to support an inadmissibility allegation. In the absence of sufficient evidence to support the writing of an inadmissibility report, officers may enter any available information into FOSS (date of entry, last country of embarkation, current address in Canada etc.)."
It is important to note that in terms of loss of permanent residency, a person does not lose it until a final determination has been made.
According to the Citizenship and Immigration Canada (CIC) ENF 23 - Loss of Permanent Resident Status manual,
"It is important to note that a permanent resident does not lose their status under A46(1)(b) until there is a final determination of the decision made outside Canada that they have failed to comply with the residency obligation under A28.
Permanent residents are not finally determined to have lost their permanent resident status until the right of appeal has been exhausted."
We have had some of our users previously state that they have been able to contact IRCC from abroad by dialing 1 613 944 4000. Listen to the options to get to IRCC. Then you should be transferred to the IRCC Call Centre.
Please note though that some have reported that it did not work for them or that it is no longer working.
You may want to give it a try.
Long distance charges will apply.
You may also want to contact a Lawyer who is knowledgeable about Canadian immigration issues for some help and advice regarding your situation.
You can also find that type of information in the Immigration, Refugees and Citizenship Canada -How long must I stay in Canada to keep my permanent resident status? FAQ.
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.
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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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aganatra Posts: 2
Posted On: 8/12/2016
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Dear All
I got Email from CIC that , I have to Visit Immigration office to Pickup my Renewed PR Card ,
I am outside of Canada with my Canadian Wife and Childrens , I am aoplying for PRTD but what documents required to Submit as Proof for below
- proof of this person’s residential addresses for the five (5) years immediately before the application
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Moderator Moderator Posts: 4142
Posted On: 8/18/2016
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Hello,
Thank you for sharing your additional question with us.
Unfortunately, we cannot provide any definitive information regarding this section. However, from the information we have previously received from the Immigration, Refugees and Citizenship Canada (IRCC) Call Centre, you may want to try and include documents such as leases in your (applicant) name with proof of payment of rent, e.g., cancelled cheques, receipts for cash payments etc.
They have previously stated that you should try to include as much as you can.
It may be best for you to have someone to contact the Immigration, Refugees and Citizenship Canada (IRCC) Call Centre from Canada for some clarification regarding this section.
If you would like to contact Immigration, Refugees and Citizenship Canada, we have had some of our users previously state that they have been able to contact IRCC from abroad by dialing 1 613 944 4000 . Listen to the options to get to IRCC.
Some have reported that it is no longer working.
You may want to give it a try. If you do decide to call, let us know the outcome.
Long distance charges will apply.
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.
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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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