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PR card Renewal Issues-Appeal

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Vik789 View Drop Down
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Joined: 26 Jun 2014
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Vik789 Quote  Post ReplyReply Direct Link To This Post Posted: 26 Jun 2014 at 4:26pm
Originally posted by Rocks Rocks wrote:

Hello,

This is a great forum. Hope i could find some information relevant to my complex situation.
I returned to Canada few weeks before my PR card expired and immediately applied for renewal via Case Processing Centre-Sydney. Then I got a notice that my file has been transferred to local CIC office. From local CIC office I received additional papers to send as I did not meet residency requirements. I did that. After a couple of months I had to leave Canada due to family issues. After a year, I got called for the interview in Canada. I have applied for Travel document from Canadian embassy abroad. when I checked my on-line status , I found this information...
We returned your application to the Case Processing Centre on May 13, 2013. The Case Processing Center will continue to process your application within the normal service standards
I got PRTD valid for 6 months but only to make an appeal in person, if I want to.  The PRTD  has been issued based on the grounds that I have been  present in Canada at least once within 365days before the examination and decision on my status in Canada has not been solved.Accompanying letter states that I have failed to meet residency obligations, they considered H&C grounds etc. If I do not appeal, my PR status will be revoked within 60 days, automatically.

Now, I have received an interesting letter from CIC office to my landlord address in Canada...

As a negative determination of your residency obligation has been made abroad, I no longer have
jurisdiction to make a decision on this matter. No further interviews will be scheduled at CIC
Vancouver Admissions for your application. You are not eligible for a five-year permanent
resident card. Your application has been closed and returned to the Case Processing Centre in
Sydney, Nova Scotia.
As you received a negative decision on your permanent resident determination in CIC office abroad and
have appeal rights, I am requesting a one-year permanent resident card for you. Your card may
be mailed to you, or you will be notified when the card is ready to be picked up. lf, at the time you
are to pick up the card, you have made an appeal of the negative determination, please bring with
you proof of having made an appeal. lf you do not make an appeal, and it is more than 60 days
from the date of the negative determination, you will not be eligible for the one-year permanent
resident card.


Any ideas what this means as I am beeing issued both PRTD valid for 6 months to make an appeal and opportunity for 1 yr  valid PR card to attend the appeal?
Based on your experience, how long does it take to be scheduled for hearing and how long the whole procedure would take?
By chance if I win the appeal, I presume that my residency status will be resumed, will be issued a new PR card valid for5 years and be able to sponsor my family to immigrate.Please advise.
Any advice?
 
Hello,
 
My case is exactly similar to the one mentioned above by one of the members and would really appreciate the opinion of the forum ..Since my PR card renewal application was denied by the CIC for not meeting PR obligation of 730 days of stay in Canada , I appealed against this decision with IAD in Sep 2013 on Humanitarian and Compassionate grounds and since then my application has been pending .Assuming that my appeal hearing date will be announced soon by the IAD , I applied for the travel documents from Europe in Dec last year where I was few months back , And since I was in Canada once in last 365 days , I was issued a single entry Travel Document to come back to Canada by the CIC .I came back in April 2014 and have been living in Canada since then , waiting for the appeal date .On inquiring with the IAD ,I came to know that the appeal hearing date may still take 8-9 months ..
 
Few weeks back I gave few job interviews and one of the prospective employers now wants me to travel to U.S. for an Interview and if selected wants me to start the job in Toronto ..As I have only a single entry visa (Travel Document) to enter Canada , I applied for a 1 year PR card on urgent basis to be able to go to U.S. attend the interview and come back .CIC has not opened my file as yet and when Inquired with them through the call center , I was told that ''A second PR card can not be applied for ,if one PR card renewal application is already pending '' whereas their Enforcement manual 27 says "During this time, the applicant is still entitled to a one-year card, where there is no final disposition on the case whether it is at the report stage,if the PR card applicant is the subject of a negative determination under A46(1)(b), where there is no final disposition, the client is also entitled to a one-year card."
 
Do you think I have any possibility of getting a one year PR card ,if not then what are the other options I have to come back to Canada after attending this interview ..Any urgent reply would be really appreciated.
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dpenabill View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 26 Jun 2014 at 6:16pm
You really need to talk to a lawyer. There are way too many variables, subject to some which it would be imprudent to share in a forum like this, for anyone here to offer any practical suggestions beyond the obvious one: see a lawyer; get a lawyer's advice. If you already have a lawyer prosecuting the appeal, talk to him or her.
Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration
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