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PMM Posts: 661
Posted On: 6/15/2017
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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 Posts: 14
Posted On: 6/24/2017
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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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Khalidgs Posts: 3
Posted On: 5/20/2018
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My case is similar..I have been invited for interview in Canada and to pick up my cards..shd I apply for PRTd or go via USA.help plz.i am in India now..also tourist visa to USA is difficult from here...did u appeal.
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Moderator Moderator Posts: 4142
Posted On: 5/22/2018
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Hello,
Thank you for sharing your situation and question with us.
We can appreciate that you would be interested in this type of information.
Unfortunately, we cannot provide a definitive response regarding what you should do as there are no guarantees.
We hope that others who have had a similar experience can share their situation and suggestions with you.
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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Rgauduchon Posts: 6
Posted On: 5/23/2018
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Dear All,
I applied 2 weeks ago for a PRTD and VFS Global just confirmed that the visa request has been treated and my passport is to be sent by mail shortly quoting
" Cher **************, La demande de visa, n ° de suivi xxxx. Votre demande a été traitée et votre passeport est prêt à être récupéré au Centre de réception des demandes de visa canadien. Merci de NE PAS REPONDRE à cet email" .
It does not say whether the PRTD has been granted or not so I guess I will find out shortly.
If positive, is it possible for me to depart from Canada to France for a business trip with my expired PR card along with my passport?
I would use the PRTD to fly back direct to Canada. I've read that there's no issue flying out of Canada with an expired PR card.
Can anybody confirm ?
Appreciated.
Thx
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Moderator Moderator Posts: 4142
Posted On: 5/24/2018
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Hello,
Thank you for sharing your situation in such detail.
You are right that permanent residents (PR) of Canada must carry and present their valid PR card or permanent resident travel document (PRTD) when boarding a flight to Canada, or travelling to Canada on any other commercial carrier. If you do not carry your PR card or PRTD, you may not be able to board your flight, train, bus or boat to Canada. There is really no verification or immigration process for this when leaving Canada, it mainly applies to returning to Canada.
It is important to note that generally, if you are outside Canada, and you need proof of your status to return to Canada, you apply for a PRTD.
It is best that you contact them directly to confirm for additional details regarding how to proceed.
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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