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Residency Determination Processing time

Residency Determination Processing time

Old Apr 3rd 2010, 1:11 am
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Default Residency Determination Processing time

Here's the situation:

My girlfriend and I are looking to move to Canada to work for a year, and we both applied for 1 year working visas.

My girlfriend was told she could not apply for a temporary visa as she is registered as a permanent resident (she lived in Canada for 4 years as a child). She was sent travel document forms and a form which allowed her to waive her right to appeal. We assumed that the travel doc would cause a determination to be carried out, which would confirm that her residency had lapsed, and the waiver of appeal would allow processing of the original temporary visa application to begin straight away.

However - the embassy then phoned us and said she may have grounds to regain residency status, and we should persue that route. My girlfriend was told to submit a letter and supporting evidence explaining her current situation, why she wants to go to Canada, level of education, etc.

If I understand correctly, this is essentially persuing residency on compassionate grounds? If that's right (please tell me if you think it isn't) then what would be the processing time for such an application? I'm slightly concerned as I've read that some assessment processes can take months. I was granted a temporary working visa and I have until the end of the year to activate it, so waiting several months to see if my girlfriend gets residency could be a problem.

Any help would be much appreciated.

Thanks,

Jason.
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Old Apr 3rd 2010, 6:30 am
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Default Re: Residency Determination Processing time

Hi anonymous person who I don't know...

I'm also keen to find this out as I have to plan round an extremely similar situation :P
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Old Apr 3rd 2010, 7:12 am
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Default Re: Residency Determination Processing time

Hi Jason

An interesting, if very frustrating situation for you. We are in the process of waiting for temp work permits (I am applying for a SOWP as my husband has the job offer and LMO)
I also lived in Canada as a child, for 2.5 years as a permanent resident, but as it was so long ago assumed that it would no longer be in force. I'm now wondering if this is going to be an issue for us....

Bridget
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Old Apr 3rd 2010, 7:48 am
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Default Re: Residency Determination Processing time

Hi Bridget,

From my experience it seems that PR does not expire automatically, but is re-accessed whenever you apply for a Visa or try to re-enter Canada. To be honest, my girlfriend didn't expect to have any grounds for retaining residency, so we were surprised when the Embassy contacted us.

I guess we could have avoided this situation by not pursuing the residency status and just travelling on temp visas, but obviously if my girlfriend does get her residency it'll be beneficial in the long term. It's just awkward as I have a limited time to activate my visa as I said.

If you did have residency but are no longer eligible, then you might have to go through a formal process (residency determination) to end your residency status before you can apply for a temporary visa. For us, the receiving of the travel document for residency determination, and the initial processing was quite quick - things have only ground to a halt since they threw us this curve ball about pursuing PR status.

Anyway, hope some of that helps. If anyone reading this can give me an idea of process and time scales for residency determination on compassionate grounds that would be great.

Regards,

Jason.
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Old Apr 4th 2010, 3:09 am
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Default Re: Residency Determination Processing time

Hi, I would appreciate knowing the outcome as it may also affect me in some way. Many thanks.
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Old Apr 6th 2010, 10:30 pm
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Default Re: Residency Determination Processing time

Bump!
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Old Apr 6th 2010, 11:04 pm
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Default Re: Residency Determination Processing time

Originally Posted by j4s0n
Bump!
Normally, bumping isn't allowed. But as this is a fairly unusual question (and I'm intrigued to know the experts answers because I thought PR did expire automatically if you didn't meet the '2 years out of every 5 in Canada' criteria), I will leave the bump.

Now just got to hope that PMM, Jim Humphries or similar see this thread!

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Old Apr 7th 2010, 6:12 am
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Default Re: Residency Determination Processing time

Hi

Originally Posted by j4s0n
Here's the situation:

My girlfriend and I are looking to move to Canada to work for a year, and we both applied for 1 year working visas.

My girlfriend was told she could not apply for a temporary visa as she is registered as a permanent resident (she lived in Canada for 4 years as a child). She was sent travel document forms and a form which allowed her to waive her right to appeal. We assumed that the travel doc would cause a determination to be carried out, which would confirm that her residency had lapsed, and the waiver of appeal would allow processing of the original temporary visa application to begin straight away.

However - the embassy then phoned us and said she may have grounds to regain residency status, and we should persue that route. My girlfriend was told to submit a letter and supporting evidence explaining her current situation, why she wants to go to Canada, level of education, etc.

If I understand correctly, this is essentially persuing residency on compassionate grounds? If that's right (please tell me if you think it isn't) then what would be the processing time for such an application? I'm slightly concerned as I've read that some assessment processes can take months. I was granted a temporary working visa and I have until the end of the year to activate it, so waiting several months to see if my girlfriend gets residency could be a problem.

Any help would be much appreciated.

Thanks,

Jason.
1. The criteria will be the age. Depending on her age, she is considered an adult for Immigration purposes at 18 it is possible that her PR status would be re-instated on H.& C. grounds IF she is attempting to return to Canada as a PR shortly after turning 18. The ruling usually is that the person isn't out their parent's control until 18 and they are attempting to return to Canada at the earliest opportunity.
2. But if she is older than 18 or so and this is the first trip to Canada, before a visitor/work/study permit is issued, her PR status has to be determined. If they refuse Travel Document, she still has appeal rights (looking at about a year or so before it makes it to the hearing) or she can submit an IMM 5539B "voluntarily relinquishing her PR status" see: http://www.cic.gc.ca/english//resour.../enf23-eng.pdf See 7.10
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Old Apr 7th 2010, 7:48 pm
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Default Re: Residency Determination Processing time

Originally Posted by PMM
Hi



1. The criteria will be the age. Depending on her age, she is considered an adult for Immigration purposes at 18 it is possible that her PR status would be re-instated on H.& C. grounds IF she is attempting to return to Canada as a PR shortly after turning 18. The ruling usually is that the person isn't out their parent's control until 18 and they are attempting to return to Canada at the earliest opportunity.
2. But if she is older than 18 or so and this is the first trip to Canada, before a visitor/work/study permit is issued, her PR status has to be determined. If they refuse Travel Document, she still has appeal rights (looking at about a year or so before it makes it to the hearing) or she can submit an IMM 5539B "voluntarily relinquishing her PR status" see: http://www.cic.gc.ca/english//resour.../enf23-eng.pdf See 7.10
There we go, an expert response - thanks PMM.
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Old Apr 8th 2010, 6:07 am
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Default Re: Residency Determination Processing time

Hi Guys,

That's really helpful, thanks for answering. The questions the embassy guy was asking make more sense now.

I think the angle the embassy is going for is that this is the first time my girlfriend has tried to re-enter Canada since leaving as a child, and since leaving she has been in continuous full time education in the UK. She graduated last November, and started the visa application process in December, so I guess that can be described as trying to return to Canada at the earliest opportunity.

I would still like to know if anyone can give me a ball park figure for the time to obtain a travel document for a case like this? I know that it will vary with each case, but should I expect to wait several months or several weeks?

Thanks again, this has been a big help.


Jason.

PS: As other posters seem to be interested in this case, I'll update with the decision we ultimately get.

Last edited by j4s0n; Apr 8th 2010 at 6:14 am.
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Old Apr 8th 2010, 3:06 pm
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Default Re: Residency Determination Processing time

Originally Posted by PMM
Hi



1. The criteria will be the age. Depending on her age, she is considered an adult for Immigration purposes at 18 it is possible that her PR status would be re-instated on H.& C. grounds IF she is attempting to return to Canada as a PR shortly after turning 18. The ruling usually is that the person isn't out their parent's control until 18 and they are attempting to return to Canada at the earliest opportunity.
2. But if she is older than 18 or so and this is the first trip to Canada, before a visitor/work/study permit is issued, her PR status has to be determined. If they refuse Travel Document, she still has appeal rights (looking at about a year or so before it makes it to the hearing) or she can submit an IMM 5539B "voluntarily relinquishing her PR status" see: http://www.cic.gc.ca/english//resour.../enf23-eng.pdf See 7.10

Perhaps some CIC offices are more flexible in applying these rules than others?
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Old Apr 17th 2010, 5:19 am
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Default Re: Residency Determination Processing time

Hi All,

Just to follow up on this, since other people seemed to be interested, my girlfriend recieved a request for her passport on the 09/04 and we recieved it back this morning with the travel document inside.

Great result for us as originally we didn't think we had any grounds for persuing residency and would not have done so without the embassy's advice.

Thanks again to the people who responded to this post.

Now it's time to book some flights! :-)

Jason.
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Old Apr 17th 2010, 5:20 am
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Default Re: Residency Determination Processing time

Congratulations! Do you now intend to seek permanent residence through the spouse/partner route, once eligible?
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Old Apr 17th 2010, 5:31 am
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Default Re: Residency Determination Processing time

That was quick! Yes, I am currently looking at my options for getting PR myself. Spouse and common-law partner sponsorship are the obvious ones, but I am also looking at the PNP and Skilled Worker routes. I'm a software developer with a few years experience, so I think that makes me eligible for those programs. I still need to do some proper research and find out about them tho.

Any advice welcome, of course :-D

Jason.
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Old Apr 19th 2010, 1:30 pm
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Default Re: Residency Determination Processing time

Your girlfriend should consider herself lucky she got the break she obtained ... if serious about it, she now needs to move to Canada, get a PR Card and then citizenship in a few years.

There is always an outside chance that someone in CIC at PR Card stage will try to second-guess the Travel Document decision, but it's less likely. Once she obtains a PR Card in Canada, her status is secure but she ought to aim to become a Canadian citizen if she wants a long term future in Canada.
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