PR Cards Renewal Rejection
Permanent Resident Cards are essentially an ID document replacing the old Record of Landing document issued under the old system in existence prior to June 2002. Ever since the coming into force of the Immigration and Refugee Protection Act, replacing the old Immigration Act, and its implementation in 2002, every foreign national who becomes a Permanent Resident of Canada is issued a plastic wallet-size ID Card called “PR Card”.
Upon landing in Canada, you are required to supply the immigration authorities at the Port of Entry with your address and contact information so that your PR Card can automatically be sent to this address, in approximately 6 to 8 weeks or sometimes even earlier.
If you became a Permanent Resident of Canada prior to June 28, 2002, you must apply to change your old Record of Landing with the new PR Cards. If you do not currently posses a PR Card, you must apply for one at the earliest opportunity because you cannot enter Canada without presenting your PR Card. There are other circumstances under which you may need to apply for a new PR Card: for example, if your previous Card has been lost, stolen, expired or destroyed.
To apply for a PR Card, you must show that you are a permanent resident of Canada, in many instances by presenting your old Record of Landing, and that you are not a Canadian citizen or a Registered Indian under the Indian Act.
At our firm we have helped many individuals to obtain or renew their PR Cards. The renewal applications require the applicants to disclose their employment history, addresses and travels outside Canada within the last five years. This information assists the CIC to determine compliance with the residency obligation. If the CIC (or the visa officer if the application is made outside Canada) is satisfied, you will then be asked to pick up your card at a local office within 180 days.
The RENEWAL APPLICATIONS are by far the most problematic ones which may encounter difficulties (and ultimately potential rejection) due to:
- Non-compliance with residency obligation;
- Misrepresentations with respect to periods of absence from Canada;
- Incompetent or improper representation; and/or
- Failure to support the application with strong evidence.
These include persons who became Permanent Residents and then, due to various personal reasons/circumstances beyond their control, left Canada and stayed abroad for more than 3 years within the last 5 years. On many occasions, these individuals apply for a renewal without first consulting an experienced lawyer. Upon applying, they then learn that their applications have been rejected.
We strongly advise such individuals to obtain legal advice, at this early stage, from an experienced immigration lawyer before applying for renewal so that:
- They are well informed of the legal requirements that they have to meet and understand the most common causes of rejection; and/or
- They understand their right that they can request the CIC, or the Visa Officer in the embassy, to exercise Humanitarian and Compassionate (H&C) discretion in allowing the renewal despite failure to comply with residency obligation.
The latter requests are somewhat complicated and require proper/strong legal representation fully supported by specific evidence of H&C circumstances. It is at this stage that a properly represented client can put forward a strong application that is fully supported by proper evidence leading to a successful renewal. If you fail at this stage (application for a renewal), the only remaining avenue to regain your PR status is to appeal the rejection to the Immigration Appeal Division, which typically requires many thousands of dollars in legal fees and at least two years of time, not to mention the stress, uncertainty, headache and prolonged separation from family members associated with the entire appeal process. You may obtain further information in this regard by visiting Appeals to IAD section of our site.
You can therefore imagine the benefits of proper legal representation at the first stage when applying for renewal. It can easily save you thousands of dollars in fees and at least couple years of time and uncertainty as to your status.
It should also be noted that if you apply and your application for a renewal card is rejected, you may still appeal the rejection to the Immigration Appeal Division of the Immigration and Refugee Board.
To obtain further information or to take advantage of our free half hour initial consultation, please contact our office at (416) 365-9473.