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canvis2006
Moderator Group Joined: 29 Nov 2009 Location: Toronto Status: Offline Points: 2574 |
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Posted: 24 Apr 2010 at 3:45pm |
Since they are already in Canada their status is not in any issue.
Once you obtain your UAE passport, contact the nearest Canadian mission by visiting in-person or by fax inquiry, etc to sort out your issues. |
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dmj
Junior Member Joined: 25 Mar 2010 Status: Offline Points: 14 |
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Thank you so much canvis and dpenabill for your deeply thought views.I appreciate that and I will definitely consider those.Further my spouse n children who are already in the process of applying their citizenship application and if God willing after sometime they get their citizenship, then considering my situation how they are going to help me?Thanks once again.
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canvis2006
Moderator Group Joined: 29 Nov 2009 Location: Toronto Status: Offline Points: 2574 |
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Well I do believe CIC/CBSA at the POE are familiar with this kind of issues.
What has happened in this case is that: -He has acquired another(new) nationality [UAE] -He has lost previous nationality [Pakistan] It is best to apply for a new PR card to reflect the new nationality. For that he will have to go to Canada (either fly with UAE passport and PR card) or obtain a Travel Document from Canadian mission. Either way, the Canadian mission should be able to guide him further on that..... |
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dpenabill
Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407 |
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One important issue may be proof of identity.
So long as your documents establish your identity, and *you* are a PR, they will issue you a travel document if you need one (which you will need, if you do not have the PR card, in order to board a flight destined for Canada). Likewise, at the POE, regardless of what documents you have, if you can positively establish your identity, as a PR you are entitled to entry. If you are carrying the PR card, identity could still be an issue if something suggests to them that the person presenting the PR card is not the person named on it. I am not sure what would trigger that sort of inquiry, but it should not be too troublesome if it happens, you simply explain your circumstances and they do some cross-checking in databases until they are satisfied of your identity . . . can happen pretty quickly. That process probably takes place more often than people realize, the officer taking the time to ask some additional questions while the computer is generating this and that information for the officer to compare and affirm your identity. No big deal. Even the real frauds seem to slide past too easily. Actually "identity" is one of the most important issues CBSA and CIC officers are trained to sniff out, one of the most diligently and frequently scrutinized issues -- usually easily, quickly resolved with a brief comparison of identity documents, appearance, certain identifying characteristics (brown eyes in travel document, brown eyes in computer version on their monitor, and the guy standing there has brown eyes . . . and so on) and the circumstances. But if there is any reason to doubt identity or the "status" of the person subject of the query (that is, a question as to whether they are the individual who is indeed a PR), that can result in a fairly intrusive encounter which can last for an indeterminate period of time . . . but only until they establish identity or *determine* a fraudulent identity. Identity issues can be tricky. And surprising. My worst border experience was at a land POE going into the States. My passport was expired but an expired American passport is still prima facie evidence of identity and citizenship (and this was long before passports became required, when only proper ID and a birth certificate were sufficient). I probably triggered alarms in some other way (it was not long after 9/11, and there was a confluence of circumstances that probably seemed incongruous to them . . . though it was definitely a way over the top over-reaction) but I ended up being detained and having this brute, armed to the hilt, screaming at the top of his lungs not six inches from my face. They claimed I was not "who" I was purporting to be. That is, they doubted my "identity." Not much I could do but shrug and let it play out, as calmly as I could possibly remain. In the end they said "sorry" and added that I should "understand" (given the events on 9/11), I said no, I did not, but I was anxious to be on my way. |
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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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canvis2006
Moderator Group Joined: 29 Nov 2009 Location: Toronto Status: Offline Points: 2574 |
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Once you obtain your UAE passport, then try to contact Canadian consulate/embassy regarding this question and see what they have to say.
I don't think it should be an issue though. Worst case, you apply for a Travel Document to return to Canada and then once here, apply for a new PR card to show updated nationality. |
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dmj
Junior Member Joined: 25 Mar 2010 Status: Offline Points: 14 |
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Thanks a lot canvis for your reply.I hope you r right but travelling with a ppt showing different nationality than the PR card will not be objectionable by the immigration authorities as well as the airline agencies? Further UAE and other Gulf countries do require a visit visa for Canada.
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canvis2006
Moderator Group Joined: 29 Nov 2009 Location: Toronto Status: Offline Points: 2574 |
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You only have to surrender your pakistan passport to UAE authorities.
Not the Canadian PR card. Keep the PR card with you. You can then come to Canada on UAE passport and PR card. I doubt if it will be a problem. Even if a UAE national does not have a PR status, they do not require a visa to visit Canada. So technically you can come here and then apply to modify your PR card to show new citizenship... |
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dmj
Junior Member Joined: 25 Mar 2010 Status: Offline Points: 14 |
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Hey Guys
I m new in this forum and had a very different situation which I need expertise guidance from yu all.I immigrated in april,2007,from U.A.E,where I was working, with my spouse n 3 children 20,17and 16 years at that time.I m a doctor by profession,55years age stayed for 3 months and due to tight position of jobs for the doctors I decided to go back alone n work in U.A.E.In these years I kept coming and going till now and accumulated 6 months of stay out of 2 years requirement of preserving the PR satus.I have still 2 years to go but I got the opportunity of getting U.A.E nationality where they dont allow dual nationality and I have to surrender my ppt.My Q is that now if I wish to come to Canada to see my family with my new U.A.E ppt then how I would be able to since the immigration visa was issued on my Pak ppt and PR card also showing citizen of Pakistan.Is there any way to solve this problem? Prompt replyis highly appreciated.
dmj |
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dpenabill
Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407 |
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You are subject to being asked questions regarding meeting the residency requirements.
If the examining officer is not satisfied that you meet the 730 days in five years requirement, the officer will most likely make a report which will be reviewed by the "minister's delegate." However, that may very well occur on the spot, there at the POE. Nonetheless, so long as you are still legally a PR, they must allow you entry into Canada. Even if the minister's delegate issues a "removal order" you can appeal and so long as the appeal is pending (it can take quite some time) the "removal" is of no force, so you retain your PR status and can remain in Canada. See especially the operational manual about "loss of permanent resident status" at" http://www.cic.gc.ca/english/resources/manuals/enf/enf23-eng.pdf But also the other "enforcement" related manuals regarding admissibility, ENF 1 and ENF 2, linked at: http://www.cic.gc.ca/english/resources/manuals/enf/index.asp You should, however, be prepared to argue H & C grounds for retaining your PR status upon your attempt to enter Canada . . . and if they fail there, at that stage, to urge them on appeal. See the operational manuals relative to enforcement, including in particular those relating to admissibility and PR |
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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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nadhwaryu
New Member Joined: 28 Mar 2010 Location: India Status: Offline Points: 3 |
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Hi!
My Name is Nitin, I got my PR Status in May 2005. I have stayed from 8 May to 16 Aug 2005 for 3 & 1/2 Months in 2005 then after I came back in May 2008 and stayed for about six - 6 months. I have sponsored my family in 2008 and they got pr status. I came back to India in end of Nov. 2008.
My wife and Son were came to Canada in June 2009 and still they are living there. My son is studying there. I have not comleted 2 years of stay there to retain PR ststus.
Can i visit canada before May 2010 i.e. in April 2010 for 3 to 4 months.
Pl. help me in this regard what action I have to initiated to my visit to Canada.
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