Keyork Immigration Law

TORONTO 416 479-3632 MONTREAL 514 664-1227 info@keyorkimmigrationlaw.com

Residency

Card Renewal for Permanent Residence

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card renewal permanent residence

If you want to renew your Permanent Resident Card you’ll have to meet the requirement of residency and show that you have resided in Canada for at least 730 days, which is 2 out of 5 years. There are 4 different ways to meet this requirement including:

  1. Be present physically in Canada.
  2. Accompany a Canadian citizen that is a parent, spouse or common-law partner.
  3. Have full-time employment with a Canadian business or be employed in the public service sector and have travel requirements associated with the job.
  4. Accompany a permanent resident that has full-time employment with a Canadian business or works in the public service sector and must travel as part of the job.

If you’re unable to meet this residency requirement you can ask for consideration on humanitarian and compassionate grounds on the renewal application. A detailed explanation must be provided to show why you had to stay outside of the country for so long. Citizenship and Immigration Canada will determine on its own discretion whether the renewal of your Permanent Resident Card will be granted.

 

Learn about why it so important to renew your PR card during the processing of your Canadian citizenship application

Why did I receive a Residence Questionnaire if I did not leave Canada in the last 4 years?

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residence questionnaire

There is no publicly available policy or guideline about when or in what circumstances the Residence Questionnaire is issued. It could be provided to anyone whose activity records in Canada are not immediately clear from the supporting documents submitted. If you have been self-employed, had alternative sources of income and/or stayed at home, you may not have tax documents or school records. There are many other ways to show residence depending on your activities and circumstances. Letters from community organizations or religious bodies you have been involved with are one example.

The residence questionnaire requires extensive documentation and calls for very careful thinking and organization. Immigration representatives who have dealt with numerous RQs before having insight and practical advice to offer you and it is advisable that you consult a representative for assistance with your RQ.

Canadian border landing process – what will happen exactly?

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Canadian border landing process

I sponsored my spouse and we will now drive to the Canadian border for the landing process – what will happen exactly?

You should first make sure that you have a valid entry visa to the United States. Upon meeting the U.S. Customs Officer you will indicate that you want to do a “Flagpole Landing”. The officer will give you a slip of paper (which you will submit) and instruct you to proceed to the U.S. Border and Customs Office. At the office, the officers will fill out the necessary paperwork for their internal process and give you directions and another slip of paper to re-enter at the Canadian Border.

When you meet the Canada Border Services Agency (CBSA) Officer, you will be given another slip of paper and instructions to proceed to the CBSA Office. At the office, you will show the CBSA officer your Confirmation of Permanent Residence, your passport (and your Nexus card if you have one) and they will ask you to confirm your address details and may ask you some other questions.

If there are no other outstanding concerns for the officer or on your file, you will get landed and officially become a Canadian Permanent Resident! Your Permanent Resident Card will follow in the mail a few weeks later.

What Travel Documents will I need to Travel to Canada?

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travel documents
Photo by: Fancy Crave – Unsplash

If your Permanent Resident Card has already expired and you’re not in Canada, you’ll have to submit an application for a Travel Document to get back into Canada. If you haven’t spent a minimum of one day in the country during the previous 365 days, there’s a good chance that your application for a Travel Document won’t be approved.Travel Documents Application

If you’re not in Canada but would like to return to the country please call us if your card for permanent residency has expired. We’ll provide you with the advice and assistance you’ll need to help you get back into Canada.

Here are some additional resources to help you prepare for a visitor visa to Canada.

What happens when my permanent residence application is approved? Can I enter Canada?

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permanent residence application
Photo by: Illia Cheredynchenko – Unsplash

This is exciting! You will soon be a permanent resident of Canada. Once your application is approved, you will obtain your passport along with the immigrant visa stamped into it. You will also receive a document called “Confirmation of Permanent Residence”. At this point, you are not yet a permanent resident. You will become officially a permanent residence when:

  1. You enter Canada with this immigrant visa and get “landed” either at the airport if you are traveling by plane or at the port-of-entry if you are traveling by car;
  2. You can get “landed” at a local CIC office if you are already in Canada – you will need to book an appointment and it may take up to 2 months to get a date.

If you are from a country which requires a visa, the immigrant visa issued in your passport will allow you to enter Canada. The immigrant visa and the Confirmation of Permanent Residence will have an expiration date and you must ensure to enter Canada before this date.

Remember – you will only become a permanent resident once you have been “landed”.

What is the most frequent immigration question by clients?

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immigration question
Photo by: Steven Hille – Unsplash

Why is my application taking so long to process?

This is, by far, one of the most frequent questions I receive from my clients as well as from consultations. Whether its a spousal sponsorship, a travel document, a visitor visa or a citizenship application, the question comes back over and over again. Having been practicing now for over 8 years, I know clearly that the decision will eventually arrive, and most of the time, it will be a positive one. I know that we simply must be patient but how to make client patient as well? I know that the file has not been lost or thrown away, but how to convince the client otherwise?

I always make sure to advise clients during consultations, as well as after they have retained our services, that immigration processing times are very unpredictable and often quite long. I also advise clients that CIC provides us with an estimate of the processing times on their website, however, the times posted are approximations and can be much shorter or much longer. Finally, I also ensure to advise clients that it is better to expect the application to be processed in a longer time frame, in order to avoid disappointment and manage expectations.

What I have realized is that when family reunification is at hand, the emotions of our clients take control over understanding reality. It is my job at that point to explain immigration processes and procedures and sooth clients’ concerns in order for them to feel confident that their application will hopefully be finalized sooner than later.