Keyork Immigration Law

TORONTO 416 479-3632 MONTREAL 514 664-1227 [email protected]

Residency

He was a Permanent Resident of Canada for 43 years and did not even know it!

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Photo by Jason Hafso on Unsplash

 

If you were one day a permanent resident of Canada and you never renounced your status/receive a negative decision on your residency from a refusal of a travel document, PR card renewal or removal order/residency obligation appeal, then you are most likely still a permanent resident of Canada!

If you have maintained fulfilled the residency requirements of 2 years out of 5, then you can look into applying for the renewal of your PR card. This area of immigration law can be quite confusing as most people associate their residency to the validity of their PR card, but the PR card is merely a travel document - there is much more to it then that!

 

Learn about the incredible story of a Canadian permanent resident

Why did I receive a Residence Questionnaire?

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residence questionnaire
Photo by Nik MacMillan on Unsplash

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

Spousal sponsorship applications: new guidelines and requirements as of June 13-2017

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

Misrepresentation and becoming a PR in Canada

 

 

Why Leaving Gaps in Your Immigration Forms Can Harm Your Application

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Immigration forms
Photo by Alex Robert on Unsplash

Why Leaving Gaps in Your Immigration Forms Can Harm Your Application

One of the biggest mistakes that applicants make when they submit immigration applications without the help of an immigration lawyer is leaving out questions on their immigration forms or leaving gaps in their personal, educational or travel history.

What can happen when you leave gaps in your personal history?
There is a high chance that your application will be returned to you because it is incomplete, or an immigration officer will reach out and ask you to complete the forms again and provide complete information. Either way, this slows down your application and creates processing delays. In some cases, if there is a cap to your application category (for example, a parental sponsorship application) you could miss out on applying until that application process opens back up again the following year.

In the best interest of you and any family that you may be sponsoring to come to Canada, remember to always provide full and complete information.

We often have people ask us about periods of time when they were between jobs, between semesters at university or in the process of moving to a new state or country. In these situations, when you are not working or studying, you must indicate that you are unemployed or traveling, whichever best fits your scenario, and indicate the exact time periods. Even if you have a one month gap, your application will not be processed without complete information.

Another important note is to make sure that you are going back far enough in time. Generally, applications ask you for your history for the last 10 years or since you turned 18, whichever is most recent. For example, if you are 20, then you would provide your history from the time you turned 18 until the day you sign off on submit your application. If you are 40 years old, you would provide information from the time when you were 30 until the day you sign off on the forms.

You should also take the time to make sure the information you are providing is accurate. If you cannot remember the exact month when you left a job a few years ago, it is worth it to take the extra time and find your last pay stub or employment letter to confirm the date and get it right. Immigration officials can ask for evidence, and depending on the type of application you are submitting, you may already be required to submit proof of your work or education experience. These dates will be cross-referenced when your documents and background details are reviewed.

Similarly, if you are providing dates of travel history or time spent in or outside of Canada, take the time to review your passport stamps, travel itineraries and flight details. We strongly recommend that you take the extra time to look at your documents up front, before you are in a situation where you realize that you have provided incorrect or misleading information in your application. Even if your error or omission was not intentional, you could seriously jeopardize your application or be determined to have misrepresented yourself, which can create a barrier to you immigrating or traveling to Canada in the future.

If you need assistance confirming that your forms and documents are complete, or are unsure what information you need to include in your application, reach out to our experienced team at Keyork Immigration Law.

Can I Travel Without My Permanent Resident Card?

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permanent resident card

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.

 

Fake Job Offers: Watch Out for Fraudulent Agencies Sending Fake Documents for Immigration Purposes

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It is important to be aware of potential scams so you can recognize them early, not get involved and report any suspicious activity to the proper authorities immediately.

Fake Job Offers

If you are ever contacted with a Canadian job offer, you should make sure that it is legitimate before taking any action. Lawyers and immigration consultants cannot send you a job offer for immigration purposes or guarantee you immigration status. Similarly, law firms cannot act as job soliciting partners for employers or recruitment agencies. You will never receive a legitimate job offer from a law firm and should immediately report any party that claims to either: (a) be a law firm offering you a job offer for immigration purposes; or (b) be an employer or recruiter that is working in partnership with a law firm.

Real employers will first contact you for an interview and discuss a potential job offer with you before sending any documents. If anyone contacts you and asks for payment or an administrative fee in exchange for a job offer then you should report them. Employers will not do this and you should not be required to make any payment to secure a job offer.

Valid job offers should list the name of the employer or recruitment agency and will not list the name of a law firm or government agency. When you receive a job offer from an employer, take the time to review it carefully to make sure that it is legitimate. Below, you will find an example of a fraudulent job offer.

Here is an example of a fake job offer created by a fraudster using our firm’s name – this fraud has been reported to the authorities:

Promises of Guaranteed Application Approvals

Ads or offers that promise you a job or guaranteed entry to Canada are false. Plain and simple. Any Canadian employer, lawyer or other legal representatives who offer you guaranteed entry to Canada, a job offer or expedited processing in exchange for a fee is acting fraudulently. Do not engage with or pay these individuals.

You do not need a legal representative to apply for Canadian immigration status or obtain a Canadian job offer. Legal representatives can help you prepare a strong application and increase your chance of success based on their experience, but they cannot guarantee you a visa or that your application will be processed more quickly than anyone else’s. No representative or third party can negotiate special treatment for you with the government.

Choosing a Legal Representative

It is important to understand who is legally able to help you with an immigration application and give you advice. Only lawyers or paralegals in good standing with a Canadian law society, immigration consultants who are members in good standing with the Immigration Consultants of Canada Regulatory Council or notaries who are in good standing with the Chambre des notaires du Québec are legally allowed to charge a fee for immigration advice and assistance.

You can easily make sure that your representative is authorized by asking them if they are a member of any of the above organizations and then calling that organization or doing a quick online search to make sure the individual is who they say they are.

Making False Statements or Submitting Fraudulent Documents

There are serious consequences for providing false documents and information to Canadian immigration authorities. It is important to steer clear of fraudsters because you could also be penalized for being involved.

Penalties include being banned from entering Canada, being recorded in the government’s database, having any existing Canadian status revoked, being removed from Canada and being charged with a federal crime.

How to Report Immigration Fraud

If you suspect that you are in contact with a fraudulent individual or company, do not engage with them or give them any personal information. You should immediately report the activity to Immigration, Refugees and Citizenship Canada (IRCC) by calling the Border Watch Tip Line (Toll-Free): 1-888-502-9060. All information you provide will be kept confidential.

 

12 Tips for Canadian Permanent Residents

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canadian permanent resident
Photo by: London Scout – Unsplash

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!

My Permanent Residence Card Renewal Application was denied, what can I do?

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permanent residence card renewal application

A refusal of a Permanent Residence Card Renewal can be appealed to the Immigration Appeal Division within 60 days of the refusal. If the refusal is based on security reasons or misrepresentation, then the right to appeal is limited.

Like any appeal, this process is legalistic. Most people choose to be represented by an immigration representative at the appeal. You should also consult with a representative prior to filing an appeal to determine the suitability and the correct basis for appeal. Sometimes, it may serve you better to follow an alternate route such as re-applying with more supporting documents or with a stronger explanation which your representative can prepare for you.

If you are outside Canada when your PR card was refused and if you chose to appeal the refusal, you will be able to attend your appeal hearing via telephone conference.

Travel Document Application was refused, what can I do to return to Canada?

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travel document application

When you apply for a travel document from outside Canada, CIC makes a “Permanent Residency Status Determination” to establish that you continue to maintain your permanent residence status and are therefore entitled to the travel document to return to Canada. If you are found to have not met the residency requirements, your application for travel document will be refused. You will have 60 days from the date of the refusal letter to appeal the decision at the Immigration Appeal Division in Canada. If you have not spent at least one day in the last 365 days, then your Travel Document Application will be refused.

If an applicant requests the issuance of a travel document subsequent to the receipt of a refusal letter, there will be situations where a travel document may be issued with a validity period of fewer than six months. One such situation is when permanent residents do not meet the residency requirement but have been in Canada at least once in the past 365 days. Permanent residents in this situation are allowed to enter Canada during the 60-day appeal period even if they have not yet filed an appeal.

If this is also refused, you can file the appeal and submit an application to appear in person at the appeal hearing to the IAD. The IAD may find that your attendance through teleconference is sufficient but if it finds that your presence is necessary at the hearing, an order will be issued allowing you to enter Canada for the specific purpose of attending the hearing.

It is strongly advised that you consult a qualified and experienced representative to provide you with the adequate legal recommendations.