Appeal at the IAD (residency obligation) and renewal of the PR card

[Marilyn2016]

Hi everyone, please help:

My spouse is a permanent resident since 2010. Before he left Canada for Romania for business in 2015, he applied for the renewal of his PR card in Sydney. When in Romania (he left Canada without the PR card), in order to come back to Canada, he applied for the travel document at the Canadian Embassy. In some time afterwards, he received the letter from the Embassy notifying that he didn't meet his residency obligations and he can make an appeal at the IRB. However, no letter was received from Sydney regarding the PR card renewal - basically, his request for the PR card renewal is still in process.

We don't know how to deal with all this: we got the response from the Embassy but not from Sydney - so, technically, his application for the PR card renewal is still in process. Or the Embassy communicates with Sydney and we should get any response from Sydney too? We tried to call them, but it's impossible.

We are under impression that when such a tough decision is made regarding the fact that he didn't meet his residency obligation, the notification must be sent from both Sydney and the Embassy?

My husband needs to renew his card but we don't know how to proceed now: we paid to Sydney for renewal application and we got no response. At the same time, we got the one from the Embassy saying about residence obligation failure.

Thank you for your help!

 

[ASAINI]

Hi everyone, please help:

My spouse is a permanent resident since 2010. Before he left Canada for Romania for business in 2015, he applied for the renewal of his PR card in Sydney. When in Romania (he left Canada without the PR card), in order to come back to Canada, he applied for the travel document at the Canadian Embassy. In some time afterwards, he received the letter from the Embassy notifying that he didn't meet his residency obligations and he can make an appeal at the IRB. However, no letter was received from Sydney regarding the PR card renewal - basically, his request for the PR card renewal is still in process.

We don't know how to deal with all this: we got the response from the Embassy but not from Sydney - so, technically, his application for the PR card renewal is still in process. Or the Embassy communicates with Sydney and we should get any response from Sydney too? We tried to call them, but it's impossible.

We are under impression that when such a tough decision is made regarding the fact that he didn't meet his residency obligation, the notification must be sent from both Sydney and the Embassy?

My husband needs to renew his card but we don't know how to proceed now: we paid to Sydney for renewal application and we got no response. At the same time, we got the one from the Embassy saying about residence obligation failure.

Thank you for your help!

Hi,

At the time of applying for PR card renewal exactly how many total days did he spend in Canada since the day he landed as a PR in 2010?
The rule to meet residency obligation is that on the day of applying for PR card renewal or PRTD he should have spent at least 730 days (2 years) out of last 1825 days (5 years) in Canada. He cannot be out of Canada for more than 1094 days (3 years) in last 5 years from the day of applying.

 

[scylla]

He needs to appeal if he wants to attempt to keep his PR status. You need to action the letter you received from the Embassy within the timelines specified.

Don't expect to hear from Sydney.

 

[dpenabill]

Concur in post by scylla.

The denied PR Travel Document application will effectively terminate PR status unless it is timely appealed and the PR wins the appeal.

Not likely there will be any action on the PR card renewal application unless the appeal of the PR TD is made and is successful. Thus, as scylla suggested, do not anticipate anything from Sydney.

Moreover, it would not matter even if Sydney did take action on the PR card application. Even if Sydney issued a new PR card, that would not overcome the denied PR Travel Document. Remember, a PR's compliance with the PR Residency Obligation can be questioned any day and the dates on a PR card are totally irrelevant to a Residency Determination.

Appeal or PR is lost. And of course he has to win the appeal or PR will be lost.

 

[Marilyn2016]

Hi,

At the time of applying for PR card renewal exactly how many total days did he spend in Canada since the day he landed as a PR in 2010?
The rule to meet residency obligation is that on the day of applying for PR card renewal or PRTD he should have spent at least 730 days (2 years) out of last 1825 days (5 years) in Canada. He cannot be out of Canada for more than 1094 days (3 years) in last 5 years from the day of applying.

Thank you! We are now counting all his trips to see exactly what happened...

 

[Marilyn2016]

Thank you, scylla and dpenabill! now the picture is clearer - Sydney's reply won't help in any way.