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How can I regain my PR status

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dunkenheit View Drop Down
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    Posted: 19 Apr 2010 at 1:26pm
  
      I came to Canada as a refugee and I gain PR status after 2 years.I visited my country(Trukey) but I was arrested and stayed in prison for 2 years so I lost my Canadian residency.Are there any ways to regain my PR?
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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: 19 Apr 2010 at 2:19pm
You probably face multiple barriers. Inadmissibility looms as a major one depending on the particulars of your arrest and incarceration.

If you have formally, as in officially, lost PR status, you stand pretty much in the position you were before, pretty much like any Foreign National interested in immigrating to Canada. I am not certain that there is no "restoration" of PR status process, but I very much doubt it. I wonder, though, whether or not you have actually, formally lost PR status.

Thus . . .

If inadmissibility does not bar your return to Canada the question is how is it you have lost PR status? and when?
(Note: only if you were outside Canada for three years, not just two, would you have been in breach of the residency requirement; being in breach of the residency requirement does not, alone, constitute loss of PR status but will lead to the process for in effect revoking one's PR status.)

Thus, related questions may include:
Did you formally relinquish PR status? Or were there formal proceedings to remove you from Canada? revoke PR status?
What is the timeline relative to when you formally obtained PR status and left Canada?

In a sense I pose these queries rhetorically since it is probably better to talk to an immigration lawyer (not consultant) and be totally upfront with all the details.

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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Beaver View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Beaver Quote  Post ReplyReply Direct Link To This Post Posted: 19 Apr 2010 at 2:29pm
We do not know what were the circumstances of your arrest in Turkey. Your former residency is already done with. Generally, you can apply again through the normal route in a category that would apply to you (i.e., Skilled worker, etc.) but in the Background/Declaration form, you must indicate that you were convicted of a crime and has spent time under prison. I am not sure if your conviction was for a criminal offence or civil offense. With that declaration, it will complicate your application, and seeing how Canada is sensitive about former convicts, it's either you will have a long wait, or worse, your case can be refused (I'm just saying this, as the immigration officer has the last say on an application). 
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nureya View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote nureya Quote  Post ReplyReply Direct Link To This Post Posted: 19 Apr 2010 at 4:48pm
Guys , 

Can you please answer mine too please?

I have an arrest record and plead guilty for tresspassing to land (arrested for theft) in US. I also have a Civil restraining order against my xgf... (separate case) The case is over and i have all documents. Will this create any problem for my PR extension (or) Citizenship. 

I am in the US now and will be entering Canada by this month end? will this create any problem in the port of entry? 

Nureya


Edited by nureya - 09 May 2011 at 6:17pm
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Beaver View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Beaver Quote  Post ReplyReply Direct Link To This Post Posted: 19 Apr 2010 at 9:35pm
Hi nureya - seems like no one has answered your question, even at the other thread. It seems that nobody is sure how to answer that question yet, because it is a legal matter. I hope somebody here can answer that question soon.

I am no expert, but I will try to answer your question the best that I can. I am open for being corrected.

In the port of entry, the question of if you ever have a criminal past while you were out of Canada may be asked by customs/immigration, although it is random. In my travels I have not been asked the question. I am not sure about the others. Unless they do ask you about it, you will not have a problem at the POE.

With regards to applying for PR card renewal, the application form does not include a query if you have been convicted of a crime, unlike the application for Permanent Resident and Citizenship. However, there are several fields that you need to write on in the PR card renewal form like where you have been working or living within the last five years. I see a problem here where you have to declare time spent in jail/prison (if applicable). They will probably start asking questions. At that point I don't know what to expect.

For Citizenship, the application form DOES ask if you were convicted of an indictable offence, and if you ever had time spent in prison/jail. Yes, it will affect your citizenship application. What is not clear is where the crime was committed. If we understand it as a general question, then I would assume you have to say yes, and let Immigration try to sort it out. RCMP will do a background check and I do not know if they go beyond Canada's borders. I would assume they might share information with authorities from the applicant's country of origin. You don't want to be caught withholding material facts if they discover you had a criminal past in the US even if you misunderstood the question as only applicable within Canada.




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Post Options Post Options   Thanks (0) Thanks(0)   Quote nureya Quote  Post ReplyReply Direct Link To This Post Posted: 19 Apr 2010 at 10:24pm
With regards to applying for PR card renewal, the application form does not include a query if you have been convicted of a crime, unlike the application for Permanent Resident and Citizenship. However, there are several fields that you need to write on in the PR card renewal form like where you have been working or living within the last five years. I see a problem here where you have to declare time spent in jail/prison (if applicable). They will probably start asking questions. At that point I don't know what to expect.
********** I did not spend time on jail or prison.........I was on supervised supervision and i was working all the time.

For Citizenship, the application form DOES ask if you were convicted of an indictable offence, and if you ever had time spent in prison/jail. Yes, it will affect your citizenship application. What is not clear is where the crime was committed. If we understand it as a general question, then I would assume you have to say yes, and let Immigration try to sort it out. RCMP will do a background check and I do not know if they go beyond Canada's borders. I would assume they might share information with authorities from the applicant's country of origin. You don't want to be caught withholding material facts if they discover you had a criminal past in the US even if you misunderstood the question as only applicable within Canada. 
********** I talked to a canadian immigration attorney and according to him, IMmigration will convert the Canadian equivalent of US conviction. Since i plead guilty to Tresspassing to land, its a summary offence in Canada and not a big deal...

But i need more info.

Nureya
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 20 Apr 2010 at 1:22am
As Beaver noted, some questions of this sort are very difficult to respond to, since there are so many contingencies, so many variables, and yet the subject is very particular.

A mere trespass conviction, it seems to me, is not likely to cause a problem. It may, if and when it comes up, trigger a higher degree of scrutiny, including at border crossings, PR renewal application, and definitely the citizenship application. Does not mean it is a problem, mostly means they will examine you more closely to be sure there are no other issues.

And there are so many nooks and crannies it is also hard to give a general answer without potentially glossing over an issue that could, in one context or another, loom large.

Talking to a lawyer is probably the right idea, the best idea.

As to the answers which cannot cover all the possibilities, for example I agree with a lot of what Beaver said, and even for the most part this:
Quote Unless they do ask you about it, you will not have a problem at the POE.


But there is also the possibility, one that is virtually impossible to predict, that anyone going through a POE can be the subject of a random records check -- and it is not as if they will broadcast that they are conducting one -- and if there is an arrest hit that will trigger more questions. Questions they may ask, by the way, without telling you what has triggered the question, as in they could already be looking at a records check for you, one displaying an arrest record, but asking you in a manner as if they don't know anything.

In addition to the consultation with a lawyer, I'd suggest getting a copy of your FBI record to see what their records show. One of the problems in the states is that arrests are routinely entered into the system, but dispositions not necessarily so routinely entered. An arrest is most likely to show up if the charge was theft (or anything more serious) and you were "booked" . . . it may show up even if you were not booked, but if you were booked on a theft charge it will most likely show up. So you want to be sure the record reflects that the disposition of the charge was something less serious, like the mere trespass. You might want to obtain and keep for your own purposes a copy of the court's records as to the actual final disposition -- and have a copy handy when approaching a POE, just to avoid any issues.

Theft charges can vary widely, from very minor to fairly serious, so you want your record to be complete, to show the final disposition.

I don't think even a minor theft conviction would be a threat to your PR status, but I am not sure what constitutes the more serious offences for which a PR is deemed "criminally inadmissible" versus the less serious offences for which FNs are deemed inadmissible.
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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Post Options Post Options   Thanks (0) Thanks(0)   Quote nureya Quote  Post ReplyReply Direct Link To This Post Posted: 20 Apr 2010 at 2:22pm
Yes i have my FBI record and State record check. FBI record shows i was arrested for theft...State record shows i dont have any convictions (My state only shows conviction). Since i was on supervised supervision...i was not convicted on state law...so state check did not reveal anything.

I have Final dispostiin on hand..it says

Count 1 Theft Nolle Prosequed (dismissed)
Count 2  Tresspassing to land 
               Supervised supervision - 364 days. 

Also i have a restraining order against my partner regarding this case...which is a peace bond in Canada.

Please advice
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nureya View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote nureya Quote  Post ReplyReply Direct Link To This Post Posted: 20 Apr 2010 at 2:24pm
But I am not sure what constitutes the more serious offences for which a PR is deemed "criminally inadmissible" versus the less serious offences for which FNs are deemed inadmissible. 

******* what do you mean by FN??
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Beaver View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Beaver Quote  Post ReplyReply Direct Link To This Post Posted: 20 Apr 2010 at 3:56pm
FN = Foreign National(s)
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