Is there a solution?

Message Topic Search Topic Options Post Reply Create New Topic Printable Version Translate Topic

Dear All 

Please help me, my cousin is in very desperate situation and I want to support him.

Five months ago he has applied for renewal of his PR Card and also his wife. They have child who was born in Canada. They became PR on 2005 and their PR card has been expired in August 2010.

They were stayed in Canada less than one year in total. They came back to Canada before expiry of the PR. They requested an urgent process for their PR card renewal to CIC. CIC asked them to send additional information like certified copy of their passports and certified translation if there are information not in English or French.   

 They did not expect such situation and unfortunately they did not declare their real presence in Canada. Now they need to know what would be the safest reaction. please consider that the husband has to go out of Canada for very urgent matter. But the wife and child could stay.

I am looking forward to receive your support.

Author	Message Topic Search Topic Options Post Reply Create New Topic Printable Version Translate Topic
Pey Members Profile Send Private Message Find Members Posts Add to Buddy List New Member Joined: 24 Sep 2010 Status: Offline Points: 6	Post Options Post Reply Quote Pey Report Post Thanks(0) Quote Reply Topic: Is there a solution? Posted: 24 Sep 2010 at 11:25am
	Dear All Please help me, my cousin is in very desperate situation and I want to support him. Five months ago he has applied for renewal of his PR Card and also his wife. They have child who was born in Canada. They became PR on 2005 and their PR card has been expired in August 2010. They were stayed in Canada less than one year in total. They came back to Canada before expiry of the PR. They requested an urgent process for their PR card renewal to CIC. CIC asked them to send additional information like certified copy of their passports and certified translation if there are information not in English or French. They did not expect such situation and unfortunately they did not declare their real presence in Canada. Now they need to know what would be the safest reaction. please consider that the husband has to go out of Canada for very urgent matter. But the wife and child could stay. I am looking forward to receive your support.

canvis2006 Members Profile Send Private Message Find Members Posts Add to Buddy List Moderator Group Joined: 29 Nov 2009 Location: Toronto Status: Offline Points: 2574	Post Options Post Reply Quote canvis2006 Report Post Thanks(0) Quote Reply Posted: 25 Sep 2010 at 2:21am
	They have lost the PR status. They do not qualify for renewal. I guess their best bet now is to cooperate with Citizenship and Immigration Canada and provide the requested documents to the office.

Pey Members Profile Send Private Message Find Members Posts Add to Buddy List New Member Joined: 24 Sep 2010 Status: Offline Points: 6	Post Options Post Reply Quote Pey Report Post Thanks(0) Quote Reply Posted: 25 Sep 2010 at 10:36pm
	Dear Canvis Many thanks for your coment. Shall they withdraw the request and stay in Canada for next two years? or send the requsted additional information to CIC which will confirm that they misspresented the information? please advise.

canvis2006 Members Profile Send Private Message Find Members Posts Add to Buddy List Moderator Group Joined: 29 Nov 2009 Location: Toronto Status: Offline Points: 2574	Post Options Post Reply Quote canvis2006 Report Post Thanks(0) Quote Reply Posted: 25 Sep 2010 at 11:25pm
	It's better to consult an expert on that (maybe an immigration lawyer). I got no clue.

dpenabill Members Profile Send Private Message Find Members Posts Add to Buddy List Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407	Post Options Post Reply Quote dpenabill Report Post Thanks(0) Quote Reply Posted: 26 Sep 2010 at 9:35pm
	They have not yet lost their PR status. But there is a substantial prospect that they will. They have breached their residency obligation and are at risk of removal proceedings for being inadmissible, but, again, so long as they are not yet the subject of removal proceedings they still have their PR status . . . and indeed, these days will count toward meeting the residency obligation. NOTE: However, to some extent this depends on the nature of the communication they received . . . that is, whether or not removal proceedings have been commenced. But, so long as no removal proceedings have been commenced, they continue to be PRs, and have not lost their PR status. If they had not applied for PR card renewal, all they had to do was stay in Canada long enough to have been in Canada 730 days out of the immediately preceding five years (as of that date, and as of that date and every date thereafter), and by doing that would have met the residency oblibation (despite having been previously in breach of it). Overall it would be better to consult with an immigration lawyer as soon as possible. It is possible that they could forfeit/withdraw the PR renewal applications (perhaps as easily as by not providing the requested information -- but again, they should talk to a lawyer before taking any such action) and simply stay until they meet the residency obligation. If so far no removal proceedings have been commenced this may indeed be their best route to stay in Canada. Travel outside of Canada is not a good idea, and actually is virtually a guaranteed way of forcing the issuance of a removal order leading to the formal loss of PR status. Of course there are priorities in life and one must do what one must do. If the matter abroad is more urgent than remaining a PR of Canada, that's the individual's choice. Edited by dpenabill - 26 Sep 2010 at 9:37pm
	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

Pey Members Profile Send Private Message Find Members Posts Add to Buddy List New Member Joined: 24 Sep 2010 Status: Offline Points: 6	Post Options Post Reply Quote Pey Report Post Thanks(0) Quote Reply Posted: 29 Sep 2010 at 8:34pm
	Dear Dpenabil many thanks for your comments, I have checked with some specialist the matter and them instructed a you. However, to institution had the opinion to send a withdrawal letter to CIC for their renewal application for PR Card. The point is that one of them advised to send withdrawal letter without reason and the other one advised to send letter with the excuse that requested information due to the missing passport are not available. So what do you think? how they should react?

matthewc Members Profile Send Private Message Find Members Posts Visit Members Homepage Add to Buddy List Average Member Joined: 25 Jan 2010 Location: Hamilton, ON Status: Offline Points: 273	Post Options Post Reply Quote matthewc Report Post Thanks(0) Quote Reply Posted: 30 Sep 2010 at 12:15am
	Saying that the passports are unavailable would be a lie. If they write to CIC, lying is a bad idea. You said he needs to leave Canada, but what he really needs to do is decide if he wants to remain a Canadian PR, as they're clearly perilously close to having their residency obligation assessed - if it is, then they will be found to have not complied, and have their PR removed. Possibly they could appeal since the child is Canadian, but that isn't somewhere they want to end up. The very best thing to do, in my opinion, is to simply not reply, at all, to the letter from CIC. In 6 months CIC will deem the application abandonned. They cannot be penalised for not providing the information CIC asked for, however, if they do provide it, they CAN have their PR status removed. Of course, this will mean no travelling outside Canada, but if they wait in Canada for two years, they will be able to renew the PR card then, since they will then be in compliance with the residency obligation.
	e-CAS Tracker - Get notified when your e-CAS changes

Pey Members Profile Send Private Message Find Members Posts Add to Buddy List New Member Joined: 24 Sep 2010 Status: Offline Points: 6	Post Options Post Reply Quote Pey Report Post Thanks(0) Quote Reply Posted: 30 Sep 2010 at 7:33am
	Thanks Matthewc Your comments are very useful. So if I understood you correctly its better not sending withdrawal letter and in following the application will deem after six months. I afraid the officer make decision base on not providing information by applicant if they don't send the withdrawal letter. What do you think?

Vandy Members Profile Send Private Message Find Members Posts Add to Buddy List New Member Joined: 27 Feb 2011 Status: Offline Points: 9	Post Options Post Reply Quote Vandy Report Post Thanks(0) Quote Reply Posted: 27 Feb 2011 at 11:02pm
	Pey, Could you please update the case of your cousin so others in this forum will have benefits?