Residency Determination Processing for Applicants Outside of Canada Referred by the Sydney Case Processing Centre’s Permanent Resident Card Centre

This Operational Bulletin (OB) provides instructions to officers of Citizenship and Immigration Canada (CIC). These instructions concern the manner in which the officers need to process Permanent Resident (PR) Determinations. The Sydney Case Processing Centre’s Permanent Resident Card Centre (PRCC Sydney) typically refers such cases to Citizenship and Immigration Canada (CIC). This is usually the case in situations where the applicant is outside of Canada.

This Operational Bulletin (OB) also reminds all Citizenship and Immigration Canada (CIC) offices to make either a positive or a negative residency determination on all applications. Citizenship and Immigration Canada (CIC) offices will need to make this determination before returning the applications to the Permanent Resident Card Centre in Sydney (PRCC Sydney).

However, there are two exceptions. On encountering such instances, officers of Citizenship and Immigration Canada (CIC) will not need to make this residency determination on applications before returning them to the Permanent Resident Card Centre in Sydney (PRCC Sydney). This would typically be the case where the:

• Application has been abandoned or,
• The applicant has received Canadian citizenship

The process for issuing a Permanent Resident card (PR Card) is a multi-step process. For issuing new Permanent Resident cards (PR Cards), the completion of the Confirmation of Permanent Residence (COPR) form at the Port of Entry (POE) or at a Citizenship and Immigration Canada (CIC) office is necessary. Thereafter, the officers would need to send a copy of the Confirmation of Permanent Residence (COPR) along with the photo to the Permanent Resident Card Centre in Sydney (PRCC Sydney) for quality assurance and scanning. Once complete, the officers will mail these Phase I cards directly to clients by the Canadian Bank Note Company.

The officers will also send applications for Phase II Permanent Resident cards (PR Cards) to the Permanent Resident Card Centre in Sydney (PRCC Sydney). Here, the officers will need to review the cards for completeness and for compliance with the prescribed residency requirements. The Permanent Resident Card Centre in Sydney (PRCC Sydney) will usually approve straightforward Permanent Resident cards (PR cards) and issue five-year Permanent Resident cards (PR cards).

Situations could arise where the applicant is outside Canada. When the officers at the Permanent Resident Card Centre in Sydney (PRCC Sydney) are aware of this, they will send the Permanent Resident card (PR card) to a Citizenship and Immigration Canada (CIC) office for in-person collection. Similarly, they will send a random selection of about 10 percent of Phase II cards to Citizenship and Immigration Canada (CIC) offices for in-person collection as well. This is primarily for quality assurance purposes.

Some cases might involve dealing with more complex Permanent Resident card (PR card) applications. These cases might typically have links to large scale residency investigations. The Permanent Resident Card Centre in Sydney (PRCC Sydney) will usually refer such cases to local Citizenship and Immigration Canada (CIC) offices for investigation and residency determination. Or, they might refer these cases to the Permanent Resident Card Centre’s Client Service Unit in Sydney for a second-level review.

Local offices of Citizenship and Immigration Canada (CIC) will typically receive referrals from the Permanent Resident Card Centre in Sydney (PRCC Sydney). These offices will need to assess the applications for determining whether they require additional information. Some applications might have insufficient information. In this scenario, the officers typically require applicants to complete the Questionnaire: Determination of Permanent Residency Status i.e. IMM 5511. This is a supplementary absences form. In addition, the officers might require the applicants to submit any additional supporting documents too.

In some cases, on receiving the additional information, the Citizenship and Immigration Canada (CIC) office might become aware that the applicant is outside of Canada. In this scenario, the officers might recommend a positive residency determination based on paper reviews of the documents. In this situation, the Citizenship and Immigration Canada (CIC) agent can proceed as usual. As such, the agent would need to advise the Permanent Resident Card Centre in Sydney (PRCC Sydney) of the decision. The Citizenship and Immigration Canada (CIC) agent will need to include advice for the Permanent Resident Card Centre in Sydney (PRCC Sydney) as well. This advice will typically notify the Permanent Resident Card Centre in Sydney (PRCC Sydney) to direct the applicant to pick up the Permanent Resident card (PR card) in person at the Citizenship and Immigration Canada (CIC) office.

But, in some cases, the officers might not be able to make residency determinations based on the information at hand. In addition, if the Citizenship and Immigration Canada (CIC) agent is aware that the applicant is outside of Canada, the officers will need to direct the applicant to apply for a travel document (Permanent Resident Abroad) [or a Permanent Resident Travel Document (PRTD)] at the nearest Canadian visa office. Thereafter, once the applicant obtains the Permanent Resident Travel Document (PRTD), the applicant will need to forward a copy to the Citizenship and Immigration Canada (CIC) office.

Officers will need to send communications with the applicant to the applicant’s last known address in Canada. In addition, they will need to set the application aside for the 180 day compliance period. This is in accordance with standard procedures. Situations could arise where the applicant enters Canada without obtaining a Permanent Resident Travel Document (PRTD) first. In this scenario, the officers will need to advise the applicants to contact the local Citizenship and Immigration Canada (CIC) office. This office will facilitate the scheduling of an interview for assessing whether the applicant meets the prescribed residency obligations.

The Citizenship and Immigration Canada (CIC) agent will complete the assessment once:

• The Citizenship and Immigration Canada (CIC) office obtains the Permanent Resident Travel Document (PRTD) or,
• The Citizenship and Immigration Canada (CIC) agent checks the applicant’s file to see whether the authorities have finalised the application for a Permanent Resident Travel Document (PRTD)

In case there is a positive residency determination overseas, the Citizenship and Immigration Canada (CIC) agent will need to approve the referral and return the application to the Permanent Resident Card Centre in Sydney (PRCC Sydney) for the issuance of the five-year validity card.

In some cases, discrepancies might exist in the information provided overseas and the information provided to the Citizenship and Immigration Canada (CIC) office. In this scenario, the officers will need to schedule an interview for addressing the discrepancies. Only then, would they be able to render a residency determination. In the end, if the Citizenship and Immigration Canada (CIC) agent disagrees with the positive decision overseas, the agent will need to complete the Permanent Residency Determination (PRD) screen in the Field Operational Support System (FOSS). This will indicate that the officers are making a new determination.

In some cases, there might well be a negative residency determination overseas. In this scenario, the Citizenship and Immigration Canada (CIC) agent will need to request evidence that the applicant has repealed the decision. If the applicant has repealed the decision, the officers will need to return the application to the Permanent Resident Card Centre in Sydney (PRCC Sydney). While doing this, the officers will need to advise the Permanent Resident Card Centre in Sydney (PRCC Sydney) to issue a one-year validity card. This is in accordance with the provisions specified in R54 (2).

In some cases, the applicant might have waived the appeal rights overseas, Or, the 60-day appeal period might have passed without the applicant providing any evidence that the applicant has filed an appeal. In this scenario, the Citizenship and Immigration Canada (CIC) agent has the authority to refuse the Permanent Resident card (PR Card) application on the grounds that the applicant has lost Permanent Resident (PR) status in accordance with the provisions specified in A46 (1) (b).

In these cases, the officers will only need to make a Non-Computer Based (NCB) entry in the Field Operational Support System (FOSS). In particular, they will need to make an entry of NCB Type 12 – General Information in the Field Operational Support System (FOSS). This is because the overseas visa office will already have completed the Permanent Residency Determination (PRD) screen in the Field Operational Support System (FOSS). In the Non-Computer Based (NCB) entry, the officers could add the following text ‘Loss of PR status as negative PRD overseas is a final determination in accordance with A46 (1) (b)’. They will be able to add additional notes in the Work in Process (WIP) screen as well.

In some cases, the applicant might not apply for a Permanent Resident Travel Document (PRTD). Instead, the applicant might notify the local Citizenship and Immigration Canada (CIC) office that the applicant has entered Canada within the 180-day compliance period. In this scenario, the authorities would need to schedule an interview. In addition, the Citizenship and Immigration Canada (CIC) agent will need to pursue the residency determination following the regular procedures.

Lastly, in case the applicant does not apply for a Permanent Resident Travel Document (PRTD) or provide notification to the local Citizenship and Immigration Canada (CIC) office that the applicant has entered Canada within the 180-day period, the Citizenship and Immigration Canada (CIC) agent will need to declare the application abandoned. In addition, the Citizenship and Immigration Canada (CIC) agent will need to send a notice to the applicant by regular mail. This notice will inform the applicant that the authorities have deemed the application abandoned. Moreover, the notice will need to explain that the applicant will need to submit a new application and fee in case the applicant wishes to receive a Permanent Resident card (PR card) in the future.

The following table highlights the manner in which officers will need to process Permanent Resident card (PR card) applications when the applicant is outside of Canada and either does not have a Permanent Resident card (PR card) or has an expired Permanent Resident card (PR card).

When officers refer a Permanent Resident card (PR card) back to a Citizenship and Immigration Canada (CIC) office, the authorities will need to make a residency determination – whether positive or negative. Only then will they be able to send the application back to the Permanent Resident Card Centre in Sydney (PRCC Sydney). This is applicable unless the authorities abandon the application or grant the applicant Canadian citizenship. Even applications resolved based on a positive residency determination overseas will need to have the authorities complete a residency determination for closing the Permanent Resident Card Centre in Sydney (PRCC Sydney) referral. The authorities will not be able to send applications back to the Permanent Resident Card Centre in Sydney (PRCC Sydney) with a request for issuing the Permanent Resident card (PR card) for in-person collection at Citizenship and Immigration Canada (CIC) for the purpose of conducting the residency assessment when the client comes to collect the card.

When adding actions or remarks in the Work In Process (WIP) screen in the Field Operational Support System (FOSS), officers will need to ensure that they place everything under the same line of business that the Permanent Resident Card Centre in Sydney (PRCC Sydney) created when referring the file. This will enable officers to find all the information in the same place. More importantly, it will eliminate the unnecessary creation of additional lines of business.