What should/Can I do to keep my PR Status ? |
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enpower56
New Member Joined: 23 May 2013 Location: St. Lucia Status: Offline Points: 2 |
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Posted: 23 May 2013 at 7:49pm |
Hi guys, I'm a bit new here so I'm not really sure of the processes
involved. I have a situation and I don't really understand what to
make of it. A few months ago I applied for a Canadian Visitor's visa for which I got rejected from due to me having unknowingly PR status so I was sent a document that would let me drop PR status in order to receive the Visa but I want to keep the PR status that I only just found out about. My brother went through a financial situation where he couldn't be supported so my father was sent in to "default" and so he believed that my application would fail. He never looked in it to so my documents were approved but I had never gotten the opportunity to receive the PR documentation or the landing documents as I had not been able to travel to Canada at the time. information on what to do about my status or situation? N.B. The embassy
seems reluctant to give any documentation about my PR status but have confirmed
that it exists. < ="application/x-dap-" id="DAPPlugin" style="visibility: collapse">
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Enlightenment required.
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pmm
Top Member Joined: 29 Nov 2009 Status: Offline Points: 2279 |
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Hi
1. If you never "landed" as an immigrant, then you have no claim to PR status. 2. CHC seems to believe that at one time you did "land" but you are going to have to prove to them that you have never been in Canada. You would have to apply for a PRTravel Document, which after 30 years outside Canada is going to be refused. At that point you can apply for a TRV. 3. It would be simpler just to renounce the PR status you never had. |
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PMM
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dpenabill
Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407 |
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I concur with what PMM has posted.
I understand why you have questions: For many in related situations (particularly situations where a child becomes a PR, as an accompanying dependent, but then does not really live in Canada for many, many years, is more common than one might think) there are various factors which may be worth examining in considering whether there is reason to pursue H&C grounds for retaining PR status, but frankly there is no hint, in the circumstances you have shared, of factors which would offer you hope in this regard. The duration of continued absence from Canada after becoming an adult alone weighs heavily against making a viable H&C case for retaining PR status. Not knowing you had such status does not favour you. Bottom-line, with emphasis
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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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enpower56
New Member Joined: 23 May 2013 Location: St. Lucia Status: Offline Points: 2 |
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This is really difficult it seemed like a dream come true
but its a really strange considering what I've read and I was looking forward
to some advice to clear it up. I do realize just saying I don't know can't really be viable
but the truth is I didn't. I'm trying to hunt down any and all information
concerning my case. Would applying for a verification of status/Replacement of
travel documents help as means to figure things out? As you have said it has been 30years and it is unlikely that I will get the status but at least im looking for confirmation of me losing it first before applying for a TRV. The situation where I live is not the best so any ray of hope is something to look forward too. |
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Enlightenment required.
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computergeek
Senior Member Joined: 07 Jan 2012 Location: Vancouver BC Status: Offline Points: 573 |
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Applying for a PR Travel Document, explaining that you did not even know you had been a PR, but now that you know you are a PR it is your goal to BE a PR and move to Canada and live in Canada might be successful - I think it is dubious, but it very much depends upon the strength of the case that you build for doing so.
As PMM said, if you do apply for a PRTD and it is refused AND you don't appeal the refusal, then you will no longer be a PR of Canada and can apply for a TRV. I'd expect that process will take quite a bit of time though. I think it is very unlikely you will be successful, but one thing I have learned about CIC - the only way you get an answer is to submit an application and let them decide. |
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FSW applied 6/09, denied (med inadmissible) 12/11. JR leave granted 7/12, discontinued 9/12. Spousal app PPR 9/12. Landed 13 October 2012
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