Residency

Will this delay processing of my citizenship application?

You submitted your citizenship application nearly one ago and a letter from Immigration, Refugees and Citizenship Canada comes in the mail. You open it excitedly, thinking that it is your citizenship test invitation. You are filled with disappointment when you realize IRCC has asked you to complete a Residence Questionnaire and provide even more supporting documentation.

Residence Questionnaires help the government perform residency determinations to confirm that applicants have been in Canada for the periods of time that they state they were in their applications. While these questionnaires can be frustrating to complete, they help the government avoid fraudulent citizenship applications and ensure that applicants provide sufficient evidence of the time they have physically spent in Canada.

Also, Anyone who receives a Residence Questionnaire should be prepared for their application to take longer to process than the government’s standard published processing time (at the time this blog was published, the estimated time was approximately one year.

When you receive a questionnaire, you should have a lawyer assist you to review the details of your initial citizenship application (if you prepared and submitted it on your own) and determine what gaps in information or time frames might exist and what information and documentation you can provide to ensure that your application has the best chance of success.

Documentation will vary depending on each individual situation but can include copies of passport stamps for the residency period in question, evidence of travel itineraries, employment documentation and even credit card or bank statements.

You will also need to consider all periods of time that you spent outside of Canada, whether for leisure or business, and ensure that the information you are providing matches up to your travel records and any government-accessible travel records.

The most important things are to cover all periods of time, leaving no gaps unaccounted for, and to be truthful, accurate and provide supporting documentation for the information you include.

If there are any discrepancies in information you provided in your application and the residence questionnaire, you should immediately talk to an immigration lawyer to determine why the discrepancy exists and how you should proceed when you submit the questionnaire.

We have helped many clients prepare responses to Residence Questionnaires that have helped them become Canadian citizens. Several of our past clients have reached out to us after realizing the extent of documentation required to respond to this questionnaire. We have seen many situations where responses have been 100+ pages long! While this may sound daunting, it is best to prepare a strong case that clearly shows your time physically present in Canada, instead of having to face a negative decision and reapply from the beginning.

And remember, once you have submitted your completed Residence Questionnaire and supporting documents, it will take additional time for the reviewing citizenship officer to review the details. You should be prepared to wait an additional 6-12 months, or more, to hear a decision on your application. In the meantime, we advise our clients to keep maintaining residence and travel records in the event that their application is not successful and they need to apply again.

Related posts

https://immigrating-to-canada.com/spousal-sponsorship/spousal-sponsorship-applications-requirements/

https://immigrating-to-canada.com/news/newsletter-june-2018/

https://immigrating-to-canada.com/permanent-residence/skilled-worker-category-misrepresentation/

 

 

My Permanent Residence Card Application has been approved but I have not received my PR card. Can I travel outside of Canada?

So your permanent residence card application has been approved. Congratulations! But, you have been waiting for your Permanent Resident card to arrive in the mail for weeks. Can you leave the country or do you need to wait for your Permanent Resident card to show up?

The PR Card Process

Once your application for permanent residence card is approved, you need to complete the landing process. The landing process consists of a simple interview with an immigration or border officer to confirm a few details and present some documents. You can schedule an appointment and do this inside Canada or at a Canadian port-of-entry (land or air). If everything checks out, the officer will stamp your Confirmation of Permanent Resident (“CoPR”) document and you will officially be a Canadian permanent resident. But, there is still one more step.

After your CoPR has been stamped, the officer will help you complete an application for a PR card. They will confirm your current mailing address with you at this time. It is very important that you list an active and accurate address where someone will be able to receive the card by mail. Otherwise, you could experience significant delays in obtaining the card and your travel plans may be impacted.
It can take two months, or more, for you to receive your first PR card from the date you complete the landing process.

Can I Use my Confirmation of Permanent Residence Document?

Your CoPR is proof that you are a Canadian permanent resident; however, it is not a travel document and is not recognized for re-entry by airlines or other commercial transportation carriers.

For this reason, you should always have either your PR card or travel document on hand when you are re-entering Canada by plane, train, bus or boat. It is important to note that all family members need their own PR card or travel document, including children.

If you are driving, you can use your CoPR to re-enter at a Canada-US border crossing.

What do I do if I don’t have my PR card and I need to travel urgently?

If you are waiting for your PR card to arrive and have an urgent travel need, you do have a couple of options.

1. Re-enter by land through the US. You are not required to have a PR card to re-enter Canada from the US if you are driving back in a private vehicle. If you need to travel to the US, you can fly there and drive back. If you are leaving North America, you can fly back to the US and then drive back through a Canadian border crossing.

2. Obtain a Travel Document. If you are unable to drive back to Canada through the US, you can apply for a travel document. This is a temporary travel document for Canadian permanent residents. It is important to note that you will need to apply after you exit Canada and make your application to the visa office responsible for the region where you are traveling. Processing times for travel documents vary significantly depending on which country you are visiting, so it is important to plan ahead and have everything ready to submit if this is the option you choose. You will need to complete forms and provide documentation proving your permanent resident status and outlining the reasons why you do not have a PR card and why you needed to travel. In addition, you will need to submit photos and your original passport. Letting go of your passport, even if temporarily, can be tricky when you are traveling internationally, particularly if you have multiple stops on your trip. This option should be avoided whenever possible.

These options also apply to permanent residents who are waiting for a PR card renewal application and have urgent travel needs.

Planning ahead

Your best bet is to plan ahead and avoid needing a travel document. When your PR application is nearing approval, or you have been invited to complete the landing process, take a moment to think about the timing of the process. If you have a few months without any need to travel, go ahead and complete the landing process and wait inside Canada for your PR card to arrive.

If you have upcoming travel plans, and you still have valid temporary Canadian status, you can postpone the landing process. You will remain a temporary resident of Canada as long as your temporary status is valid up to the point when you land as a permanent resident. Don’t forget to check the expiry date on your CoPR (it is generally one year from the date you completed your medical exam). You do need to land before that date or you will need to apply all over again.

If you choose to postpone the landing because of travel plans, you can complete the landing process when you re-enter. When you arrive at the Canadian airport, let them know that you are a Canadian temporary resident (and ensure you bring your visitor record, work permit or study permit with you) and that you would like to complete your landing as a permanent resident. Once your CoPR is confirmed, your PR card application will be submitted and you can then wait inside Canada for your PR card.

Tips for PR Card Renewals

PR cards are valid for five years from the date they are issued. Make sure you understand what you need to demonstrate when you renew your PR card. Start saving your documents and keep track of travel dates outside of Canada. Being proactive will save you a headache down the road.

It is recommended that you apply to extend your PR card at least 4 months before it expires. This way, you are more likely to avoid disruptions to any planned or urgent travel.

 

 

Did you or your family member recently become a Canadian Permanent Resident?

If so, here are some useful information to remember and some tips which will assist a Permanent Resident in future applications such as the renewal of the PR card after 5 years or for the Citizenship application:

1.  You need to have a valid PR card in order to travel to Canada;

2. With the current legislation, a PR of Canada needs to have spent 2 years out of 5 in Canada in order to be eligible to renew the PR card;

3. If you travel outside of Canada with your Canadian spouse, your time spent outside Canada will count towards your residency requirement;

4.  If you work abroad for a Canadian company, your time spent outside working for that company will count toward your residency requirement;

5.  To apply for citizenship, a PR of Canada must have resided physically in Canada 4 years out of 6 (current law);

6.  A citizenship application can take up to 1 year or more to process – during the processing of this application, it is recommended that PR cards be renewed and valid;

7.  If you travel frequently outside of Canada, you might be required to submit further evidence of your physical presence in Canada when you renew your PR card, therefore ensure you keep track of travel dates, plane tickets, filing Canadian taxes, bank statements etc.

8.  If you are charged or convicted of offenses in or outside of Canada, you may lose your PR status;

9.  If your PR card is expired, in the renewal process or lost and you are outside of Canada, you will need to apply for a travel document in order to return to Canada;

10.  The renewal of a PR card can sometimes take up to 1 year or more if immigration is experiencing backlogs – it is therefore recommended to submit the application shortly before or shortly after the expiration with the correct documentation;

11. As a PR of Canada, if you meet the financial requirements, you can sponsor your minor children, your parents and your grandparents to Canada;

12. If you needed a visa to travel to a country, the issuance of a PR card does not change that – you will still need to apply for a visa to travel to those countries (Ex: A Syrian national who became a PR of Canada will still need to apply for a visitor visa to travel to the United States).

We hope this information is useful for you! If you have any questions with respect to the PR status and future immigration applications, please do not hesitate to contact us!

Keyork Immigration Law hopes that your journey in Canada is fantastic!