Keeping my residency status

I agree that timbit_TO suggestion is the best course of action to take. In the letter they sent, it says that if I do not attend my appointment my application will be abandoned and I have to re-apply and pay the fees again (which I do not mind compared to the lawyer's fees in case I go and I get a removal order and then appeal). The only thing worrying me is that if I don't attend the interview and my case is abandoned, then couple of years down the road I re-apply again, would there be any problem? Definitely they keep track of everything, so when they receive the new application and do their checks, they will find out that I was under the doubt of breaching my residency. This is where I'm lost!!

Update:

In doing another person's homework, reading the applicable operational manual for PR card applications, one aspect of the process is clarified: if Sydney discerns there is a residency obligation breach, the application for PR card (renewal) is ordinarily referred to the local office for further processing . . . meaning, mostly, investigation . . . and here's what the operational manual (ENF 27 at page 28) says about procdures attendant a referral to the local office:

Discrepancies in residency obligations If the PR card applicant does not appear to meet the residency requirement (e.g., following an examination of the passport and travel history, input from the visa office, etc.) and insufficient H&C grounds are identified to overcome this shortfall, the officer writes a report under A44(1). The report goes to a Minister’s delegate, who may issue a removal order under A44(2).

To understand this in context, see ENF 27.

This confirms that a PR who applies for a PR card while in breach of the residency obligation is in effect asking CIC to examine their compliance and to issue a removal order unless there are sufficient H & C grounds to overcome falling short of the obligation.

Hello,

I'm in a some what complicated situation that I don't know how to get out of it. I landed in Canada with my family in 2006, was 13 years old. I entered Canada again in 2008, 2009 for about 2 months each summer and since August 2010 I have been living here. My parents renewed our PRs (hired a crooked immigration consultant) in November 2010, and since then trouble did not stop! When we applied I had been in Canada for less than 300 days. The cic received my application, issued the new PR (online it says decision was made) and then sent it to local office. However, I was contacted for an interview. I went to the first one, explained my situation that I was underage when I landed, did not have anybody in my family to take care of me even if my parents left me in Canada, and since I turned 18 I have been living in Canada (I did my research). The agent told me not enough convincing reason and gave me a list of documents to collect and she said will contact me in a week. Well weeks passed, actually 4 months since July. Bottom line, they sent me a letter for another appointment at the end of October, but a couple of days ago I was contacted to reschedule (they have a meeting during my interview), luckily I was able to push it to November 16th. But today I was contacted by another agent that wants me to come in on November 7th. I sense no good out of this!

I was not planning to go to the interview on November 16th and claim that I forgot. On December 15th, it is going to be 180 days since they received my file, so they would have to close it and then I would apply again after I complete my days (I did some online research on this and the consensus was not to go).

However, currently I have no clue what to do. I told the agent I'll get back to him tomorrow as I don't have my calender.  And now, not sure if I stick with the plan and don't go what would be the consequences? would they flag my file and I would face problems when I re-apply? would they force any kind of removal order as I did not show up? any alternatives?

Please help

Much apprecited your input

Does not look good.

I suggest seeing a lawyer soon. I suggest asking CIC to delay the interview until you have had an opportunity to obtain counsel -- probably are not entitled to counsel at the interview, I do not know . . . but you are entitled to consult with counsel generally, and hopefully they will give you an opportunity to obtain counsel and reschedule the hearing after you have had a reasonable chance to talk to counsel.

Be polite. Make it clear that there are aspects of this you do not understand and that you want to consult with a lawyer before you do anything more.

And I would get a lawyer ASAP!

In the meantime be putting together all the information you can about how your life is centered in Canada now.

Alan92 wrote: I was not planning to go to the interview on November 16th and claim that I forgot. (I did some online research on this and the consensus was not to go).

Edited by MajidS - 27 Oct 2011 at 6:03pm