Processing of complex permanent resident card applications referred by the Permanent Resident Card Centre

These instructions are for complex permanent resident (PR) card applications referred by the Permanent Resident Card Centre (PRCC-Sydney), and replace former Operational Bulletin 536: Residency Determination Processing for Applicants Outside of Canada Referred by the Sydney Case Processing Centre’s Permanent Resident Card Centre.

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Background

Identification of applications to be referred to the Domestic Network

• Identification of applications not meeting the requirements of R59(1)(c)
• Identification of applications not meeting the requirements of A28

Process to be followed by the PRCC-Sydney for PR card applications referred to the Domestic Network

Process to be followed by the Domestic Network after PR card applications and 5-year PR cards are received

• The IRCC office advises the applicant that a PR card was prepared for them
• The applicant does not attend PR card collection at the IRCC office within 180 days
• The applicant attends PR card collection within 180 days
• The officer is satisfied that the applicant can be issued the 5-year PR card
• The officer is not satisfied that the applicant can be issued a 5-year PR card and decides to prepare an A44(1) report
  • The officer requests that a 1-year PR card be issued following the preparation of the A44(1) report
  • The A44(1) report is transmitted to a MD for determination
  • The Minister’s Delegate is of the opinion that the A44(1) report is well-founded and there are insufficient H&C considerations to justify retention of PR status
  • The Minister’s Delegate is of the opinion that the A44(1) report is not well-founded, or that it is well-founded, but there are sufficient H&C considerations to justify retention of PR status

Background

Section 31(1) of the Immigration and Refugee Protection Act (IRPA) states that “a permanent resident shall be provided with a document indicating their status.” Subsection R53(1) of the Immigration and Refugee Protection Regulations (IRPR) specifies that this document is a PR card. The IRPR further outline, under subsection R59(1), the requirements for obtaining a PR card.

While an IRCC officer has the authority to examine residency obligation compliance as per A28, a residency determination is not required to issue the PR card. When an officer proceeds with the residency determination, what will ultimately influence the period of validity of the card is whether the client

• meets residency obligation; or
• has sufficient humanitarian and compassionate (H&C) considerations; or
• is subject to any of the circumstances outlined under subsection R54(2)

The procedures below are provided to clarify the processes to be followed, in accordance with the current Act and Regulations, in cases where complex PR card applications are referred to the Domestic Network due to

• residency obligation not being met, as per section A28
• insufficient H&C considerations provided with the application to allow the applicant to overcome any breach of the residency obligation, as per A28(2)(c)
• complexity of the file (linked to large scale residency investigations, potential misrepresentation or fraud, etc.)

Identification of applications to be referred to the Domestic Network

Phase II PR card applications are submitted by applicants to the PRCC-Sydney, where they are first reviewed for completeness (meaning fees paid; photos submitted; forms signed).

Incomplete applications are immediately returned to applicants without further assessment.

Complete applications are created in the Global Case Management System (GCMS) and go through a more in-depth review to ensure that applicants meet the requirements to be issued a PR card as per R59, which notably includes ensuring that the applicant has provided the information and documents required, as per R59(1)(c).

Identification of applications not meeting the requirements of R59(1)(c)

If the officer identifies a demonstrable problem with the information provided on the application and determines that the applicant may not meet the requirements of R59(1)(c), the template letter Written request to clarify if R59(1)(c) is met is sent to the applicant requesting that they provide additional information to confirm that the requirements of R56 are met, within 30 days.

Demonstrable problems with the information provided with the application could include, but are not limited to

• an application missing “the addresses of all of the applicant’s places of residence during the previous 5 years,” as requested under R56(2)(a)(v)
• “the names and addresses of the applicant’s employers and educational institutions attended, during the previous 5 years,” as requested under R56(2)(a)(vi)
• missing “the periods during the previous 5 years that the applicant was absent from Canada,” as requested under R56(2)(a)(vii)

Applicant provides the information required within 30 days

If the applicant provides the information or documentation required and the officer determines that the application complies with the requirements of R59(1)(c), the processing of the PR card application can resume.

Applicant does not provide the information required within 30 days

If the applicant does not provide the documentation or additional information required by the officer within the prescribed 30 days, or if the additional information provided is still insufficient to meet the requirements of R56, the application is refused pursuant to R59(1)(c) for not complying with R56.

Identification of applications not meeting the requirements of A28

If the PRCC-Sydney determines that the application meets the requirements of R59(1), the officer with the appropriate delegation will assess whether the applicant meets the residency obligation as per A28.

If the applicant has not complied with the residency obligation, but has included H&C considerations with their application, the officer will determine if the H&C submissions are sufficient to overcome the breach of the residency obligation. If the officer determines that the submissions are sufficient, the officer will request that a 5-year PR card be issued and mailed to the applicant.

If the PRCC-Sydney officer is not satisfied, based on the information provided by the applicant, that sufficient H&C considerations exist to allow the applicant to overcome the breach of the residency obligation, the application is referred to the Domestic Network, without any further communication with the applicant.

Process to be followed by the PRCC-Sydney for PR card applications referred to the Domestic Network

If the PRCC-Sydney determines that the application meets the requirements for a PR card to be issued under R59(1), but cannot positively determine that the applicant meets the requirements of A28 (including sufficient H&C considerations), the PRCC-Sydney will request a 5-year PR card, pursuant to R59(1) for in-person collection at the applicant’s local IRCC office. The PRCC-Sydney also transfers the application to the Domestic Network.

Process to be followed by the Domestic Network after PR card applications and 5-year PR cards are received

Once the applicant’s paper file and PR card are received (from the PRCC-Sydney and the Canadian Bank Note respectively), they are matched by the IRCC office.

The IRCC office advises the applicant that a PR card was prepared for them

The IRCC office sends the applicant the template letter Notice to collect PR card in person - first notice advising that a PR card has been prepared for them and that they must visit the IRCC office, at the date and time indicated on the letter, to allow an officer to confirm if the period of validity of the PR card that was created is appropriate, or if a PR card of a different validity period should be prepared and issued.

This letter also advises applicants, pursuant to R58(3) that they must bring

• all the original documents of which they provided copies in their application
• any other supporting documentation, including information supporting H&C considerations

In addition, the letter informs applicants that they will be subject to an examination, as per A15.1 and A16(1.1), and that they may be asked questions in relation to their residency, as permanent residents are required to comply with the residency obligation for every 5-year period, as per A28.

Finally, the letter advises applicants that the PR card that was prepared will be held at the IRCC office for 180 days, as of the date of the letter, and that, if they do not visit the office within 180 days, it will be destroyed, pursuant to R58(3), and that they will need to submit a new application and associated fees if they wish to re-apply for a PR card in the future.

The applicant does not attend PR card collection at the IRCC office within 180 days

If the applicant does not respond to the IRCC office’s 2 written communications requesting that they visit the IRCC office within 180 days, the officer from the IRCC office must send the paper file back (and the 5-year PR card to be destroyed) to the PRCC-Sydney.

The applicant attends PR card collection within 180 days

If the applicant visits the IRCC office to be issued the PR card, they will not be handed the PR card that was prepared until an examination is completed.

The officer examining the applicant must first advise them that, in order to ensure the appropriate PR card (5-year or 1-year) is issued, an examination must be completed, including a verification of whether they meet the residency obligation as per A28.

The officer must ask to see the original documents that were presented with the PR card application, in accordance with R58(4). The applicant should present the original documents referred to under R56(2)(c) and (d), which in many cases will include the applicant’s travel document.

The officer must compare the original documents with the copies that were provided with the application to ensure that they match (this can include comparing the applicant’s declared absences in Canada to the travel document’s entry and exit stamps, if applicable).

While the original documents are being compared to the ones submitted with the PR card application, the officer may ask questions in relation to residency to assess whether section A28 is met.

If questions pertaining to residency lead the officer to believe that the applicant may not be in compliance with the residency obligation, the officer will examine whether H&C considerations could overcome the breach of residency obligation, in an effort to determine if a report made under subsection A44(1) is to be written.

Delays in issuing the PR card

It is important to note that the officer is not required to decide on the spot if the 5-year PR card that was prepared can be distributed (issued) to the applicant.

In fact, case law confirms that IRCC can take a reasonable amount of time to complete the investigation and analysis of the information provided to decide if the 5-year PR card that was prepared can be issued or if a report made under subsection A44(1) is to be written and a 1-year PR card issued.

However, any delay in the issuance of a PR card to allow more time to make the determination (meaning to issue an A44(1) report and a 1-year card or not issue an A44(1) report and issue the 5-year card) should be supported by the facts of the case. In other words, there must be reasonable arguments (which should be documented) for the delay in issuing the PR card.

If more time is required to render a decision following the interview, the officer must verbally inform the applicant that a PR card will be issued to them, as per R59(1), but what remains to be decided is the period of validity of the PR card that will be issued.

The officer is satisfied that the applicant can be issued the 5-year PR card

Following the examination and analysis of the information, if the officer is satisfied that the residency obligation is met or that sufficient compelling H&C considerations exist to justify the retention of PR status, the 5-year PR card (already at the office) will be distributed (issued).

The officer is not satisfied that the applicant can be issued a 5-year PR card and decides to prepare an A44(1) report

If the officer is satisfied, on the balance of probabilities, that the applicant may be inadmissible for not complying with A28 (and insufficient H&C considerations exist to overcome any breach of the residency obligation), the officer will prepare a report made under A44(1).

If the applicant is present, the officer may provide a copy of the report to the applicant and will inform them that a 1-year PR card will be issued to them.

If the applicant is not physically present at the IRCC office when the A44(1) report is prepared (following the interview), the officer will send the template letter Letter accompanying A44(1) report prepared and issued to client to the applicant, including a copy of the A44(1) report, advising of the reasons why such report has been written and of next steps, notably that a 1-year PR card will be issued to them as per R54(2).

Once prepared and communicated to the applicant, the A44(1) report is also transmitted to the minister’s delegate (MD) for review and determination. The client will receive a call-in notice to attend an MD review interview where a decision on the report will be made.

For additional details on preparing A44(1) inadmissibility reports, refer to ENF 5 Writing 44(1) Reports manual (PDF, 1.38 MB).

The officer requests that a 1-year PR card be issued following the preparation of the A44(1) report

In accordance with R54(2), once an A44(1) report has been prepared, the officer must also request that a 1-year PR card be issued to the applicant.

In order to request that a 1-year PR card be issued, the officer will instruct the PRCC-Sydney to issue a 1-year PR card directly to the applicant by mail (no in-person collection required) and will hold the file locally until the MD review is completed. The IRCC office sends the 5-year PR card to be destroyed to the PRCC-Sydney.

The A44(1) report is transmitted to an MD for determination

The MD will send the template letter MDR interview request after A44(1) report prepared - first notice to the applicant to invite them to attend an MD review interview and will attach a copy of the A44(1) report. At the interview, the applicant will be provided with the opportunity to address and respond to the allegations mentioned in the report made under subsection A44(1).

If the applicant does not attend the interview or respond to the MD’s initial letter, the template letter MDR interview request after A44(1) report prepared - second notice will be sent within a week following the missed interview to provide the applicant with a new interview date.

If the applicant does not contact the office or attend the interview, the MD will

• document all efforts to communicate with the client (by phone, in person, by letter, through counsel, etc.)
• ensure that IRCC has correct contact information on file and that the notices were delivered to the person’s correct address

Once this information is gathered, the MD will have a discussion with their manager and may send a referral to the nearest Canada Border Services Agency Inland Enforcement Office for consideration of any enforcement action. Follow the procedures detailed in section 10.8 of the ENF 6 – Review of reports under subsection A44(1) (PDF, 620 KB) manual.

For additional details on reviewing A44(1) inadmissibility reports and conducting MD reviews, refer to ENF 6 manual (PDF, 620 KB).

The MD is of the opinion that the A44(1) report is well founded and there are insufficient H&C considerations to justify retention of PR status

If the client reports for an interview and following the interview, the MD is of the opinion that the A44(1) report is well founded (that the client does not comply with the residency obligation) and there are insufficient H&C considerations to justify retention of PR status, the MD will make a removal order.

The MD is of the opinion that the A44(1) report is not well founded or that it is well founded, but there are sufficient H&C considerations to justify retention of PR status

If the MD is of the opinion that the A44(1) report is not well founded (that the residency obligation is met), the applicant is informed that they have met the requirements to retain PR status.

If the MD is of the opinion that the A44(1) report is well founded (that the residency obligation is not met), but considers that sufficient H&C considerations exist for the applicant to retain PR status, the applicant is informed that enforcement proceeding will cease and that they retain PR status.

Please note that in these circumstances, as a 1-year PR card was already requested as per R54(2) and the 5-year card was destroyed, the applicant will be informed that they have to keep the 1-year PR card and apply for a 5-year card (within 6 months of the expiry date).