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leongpeggy Posts: 3
Posted On: 1/2/2018
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Hi there,
I was a landed immigrant in Toronto in 1985 and stayed for 3 years before returning to Singapore. I have not gone back since but have been visiting Vancouver BC using my Singapore passport for annual summer visits with my Canadian husband whom I marry in 2002.
In 2016, a new law came for visa-free passport holders to apply for the eTA visa before entering Canada which I duly applied. To my delight, the system shows I still hold a PR status, thus, ineligible for eTA. I was advised to apply for a Travel Document instead, which was approved in 2017 (but has now expired because the validity stated was only 6 months). I was further advised to apply for the PR card upon entering Canada ( no other information was given ).
In summer of 2017, my husband and I went to Vancouver BC and proceeded to the local Immigration Office but was turned away by the Security Guard. I attempted to show him documents and explained that I was there to apply for the PR Card. He made no attempt to understand me and told me I have to send my application to Nova Scotia.
We are now back in Singapore as my husband's work revolves around Asia. I am in a confusion. No one in the Canadian Embassy would entertain calls on Residency.
Upon my husband's retirement in a few years, we will move back to Vancouver BC. Meanwhile, as we are making our usual plans to visit Vancouver BC this summer, scheduled to leave sometime July 20, 2018. Would I be granted another Travel Document to enter Canada.
I have made preparations to courier my application for the PR Card , which will be done by this week.
Would very much appreciate your advice on this matter at the soonest possible and taking this opportunity to wish you and all a very Happy New Year.
Thank you
Yours sincerely,
Peggy
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Moderator Moderator Posts: 4142
Posted On: 1/11/2018
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Hello Peggy,
Thank you for sharing your situation and question with us.
As you may already know, the fact that your spouse is a Canadian Citizen, and you are accompanying him, means that you maintain your permanent resident status.
According to the Operational Manual ENF 23 - Loss of Permanent Resident Status,
"7.5. Accompanying a Canadian citizen outside Canada
R61(4) provides that each day a permanent resident is outside Canada accompanying (that is,ordinarily residing with) a Canadian citizen constitutes a day of physical presence in Canada,provided that the Canadian citizen they are accompanying is a spouse or common-law partner or parent. In the case of a permanent resident outside Canada accompanying a Canadian citizen, it is not necessary to determine who is accompanying whom, nor is it necessary to determine for what purpose. In other words, under A28(2)(a)(ii) and R61(4), as long as a permanent resident is accompanying a Canadian citizen, the intent and purpose of their absences are not relevant as the residency obligation is met."
So from the situation you have described, each day of your spouse is accompanying you, a Canadian citizen, outside Canada, constitutes a day of physical presence in Canada for your permanent residence requirement. It is interesting to note that it also states,
"In the case of a permanent resident outside Canada accompanying a Canadian citizen, it is not necessary to determine who is accompanying whom, nor is it necessary to determine for what purpose. In other words, under A28(2)(a)(ii) and R61(4), as long as a permanent resident is accompanying a Canadian citizen, the intent and purpose of their absences are not relevant as the residency obligation is met."
Regarding your question about submitting supporting documents, you can find a list of options and suggestions of what can be submitted in the Applying for a travel document (permanent resident abroad) (IMM 5529) instruction guide.
Here is an excerpt,
"OPTION 1. Accompanying a Canadian citizen or permanent resident outside Canada
You may count each day that you accompanied a Canadian citizen or permanent resident outside Canada provided that
- the person you accompanied is your spouse, common-law partner or parent (if you are a child under 19 years of age);
- if you are accompanying a permanent resident, they were employed on a full-time basis by a Canadian business or in the public service of Canada or of a province or territory during the period you accompanied them.
Evidence required
You must provide supporting documents to prove that:
- The person you are accompanying is a Canadian citizen or permanent resident (and that the permanent resident you are accompanying meets his or her own residency obligation); and
- You are the spouse, common-law partner or child of that person.
Supporting documents may include:
- marriage licence or evidence of common-law partnership (mandatory if you are accompanying a spouse or common-law partner)
- child’s birth certificate, baptismal document, or adoption or guardianship document (mandatory if you are accompanying a parent)
- all passports or other travel documents of the person you are accompanying used in the five years before the application (mandatory)
- school or employment records
- association or club memberships
- documents showing the citizenship of the person you are accompanying, including the date the person became a Canadian citizen, or documents showing that the permanent resident you are accompanying meets their residency obligation (mandatory)
- evidence of the residential addresses of the person you are accompanying for the five (5) years before the application (mandatory)
- any other documents that you want to have considered"
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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leongpeggy Posts: 3
Posted On: 2/3/2018
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Hello Anna,
thank you very much for your reply.
I have couriered my application for the PR Card to Nova Scotia on the first week of January. How do I follow up with them regarding my application ? And how long would the Canadian Immigration take to reply ?
Thank you
Best
Peggy
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PMM Posts: 661
Posted On: 2/4/2018
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Hi
leongpeggy wrote:
Hello Anna,
thank you very much for your reply.
I have couriered my application for the PR Card to Nova Scotia on the first week of January. How do I follow up with them regarding my application ? And how long would the Canadian Immigration take to reply ?
Thank you
Best
Peggy
1. If you are outside Canada and gave a non Canadian address, it is going to be refused.
2. If you applied in Canada, then the processing time is 84 days + mailing.
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Moderator Moderator Posts: 4142
Posted On: 2/4/2018
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Hello Peggy,
Thank you for your update.
We responded initially referring to the application process for the PRTD based on the question of whether or not you would be granted another PRTD to enter Canada and the information found in the PRTD application on how to provide proof that you have met your residency requirements because you are accompanying a Canadian Citzen Spouse.
As you may already know, Immigration, Refugees and Citizenship Canada (IRCC) does not send PR cards outside Canada. They send PR cards to the Canadian address that you provide to them.
If your plan is to have it sent to a Canadian address and then have someone send it to you or bring it to you outside Canada, based on the information we have received previously from Immigration, Refugees and Citizenship Canada (IRCC), according to them it is not illegal to send it via a secure method or with someone else. However, they stated that there are risks to doing this and that there exists the possibility that it be seized if found.
You can find some information regarding the process in the IRCC ENF 27 Permanent resident card. It states that in some cases an applicant may be asked to apply for a Permanent Resident Travel Document in order to return to Canada.
Here is an excerpt from the ENF 27 Permanent resident card Operations Manual,
Appendix E – Sample letters
Applicant is outside of Canada
INSERT LETTERHEAD
Our Ref.:
INSERT ADDRESS
INSERT DATE
Dear:
This letter refers to your application for a permanent resident card.
Subsection 28 (1) of the Immigration and Refugee Protection Act requires permanent residents to comply with the residency obligation described in section 28.
In order for a determination of your permanent resident status to be made, we would like to interview you in person. However, based on the information that you provided, you are not in Canada. To continue with your application, we strongly recommend that you make an application for a Travel Document (Permanent Resident Abroad), also known as a PRTD, at the nearest Canadian visa office. The visa office will then determine whether you have met your residency obligation.
To find information on how to apply for a PRTD, go to the IRCC website at
www.cic.gc.ca/english/information/applications/travel.asp.
Your application for a permanent resident card will be kept open at our office until (last day of 180-day period).
If you obtain a PRTD within this time, please provide a copy to this office. We will give you instructions on how to proceed once we receive a copy of your Travel Document.
If you enter Canada without obtaining a PRTD before (date - same as above), please notify our office at the address below (using the template attached) and an interview will be scheduled to assess your eligibility.
If you do not provide a copy of a PRTD or you do not contact this office before the date mentioned above, your permanent resident card application will be deemed abandoned and you will not be issued a permanent resident card. You will need to submit a new application and fee should you wish to receive a permanent resident card in the future.
The client number in the upper right corner of this letter is your personal identification number and it provides access to information on your file. For your own protection, do not allow any other person to use this number. Please include this number on all correspondence.
We have had other Settlement.Org Discussion Forum users state that they have been able to contact the IRCC Call Centre from outside Canada. Some of our users previously state that they have been able to contact CIC from abroad by dialing 1 613 944 4000. Listen to the options to get to CIC. Then you should be transferred to the IRCC Call Centre.
Please note though we are not sure if this number continues to work this way.
You may want to give it a try.
Please be aware that long distance charges will apply.
You may want to try and contact the Immigration, Refugees and Citizenship Canada (IRCC) from outside Canada at the number provided above to see if they can provide you with some information specific to your options in your situation.
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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