Rights ofter loosing your status
Printed From: Canada Immigration and Visa Discussion Forum
Category: Canada Immigration Topics
Forum Name: Business / Investor Immigration
Forum Description: Three programs offering permanent residence for persons with successful managerial experience and varying thresholds of personal net worth.
URL: https://secure.immigration.ca/forum/forum_posts.asp?TID=9432
Printed Date: 16 Apr 2024 at 8:04am
Topic: Rights ofter loosing your status
Posted By: Andre0861
Subject: Rights ofter loosing your status
Date Posted: 22 Mar 2012 at 3:58am
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Hi
Does anybody know what is your rights after loosing your permanent residence status?
------------- Andre |
Replies:
Posted By: Andre0861
Date Posted: 22 Mar 2012 at 4:01am
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here is the situation
I have been unable to proof 2 years in 5 in Canada as my passport does not reflect when I crossed the border between usa and Canada the border control just looks at your passport and let you drive through now I have lost my status due to this any advice? ------------- Andre |
Posted By: SK
Date Posted: 22 Mar 2012 at 8:53pm
| Ask CBSA and USCBP to send you your travel records... |
Posted By: dpenabill
Date Posted: 23 Mar 2012 at 3:07am
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If your PR status has, in fact, been terminated, you have the same rights as any other Foreign National carrying a passport from the same country as you do. That is, the same rights as anyone else who is neither a Canadian citizen nor a Canadian PR . . . because, you are not a Canadian citizen and not a Canadian PR. Evidence based on CBSA and US travel records is only of any use if you have not yet lost your PR status. If PR status is lost, you are a Foreign National so far as Canada is concerned and . . . well you can then apply for status in Canada like any other Foreign National in your position might. You could, for example, apply for PR again, if you qualify. That said: There is a big difference between a PR being in breach of the residency obligation, and thus "inadmissible," and actually losing PR status. The residency obligation is not self-enforcing. No matter how long a PR has been outside Canada, he or she continues to be a PR unless and until there is a formal adjucication terminating his or her PR status. That is usually done by the rejection of a PR Travel Document application . Alternatively, it can come about by the issuance of a removal order initiated at a POE examination. And there are are other ways that a residency examination may come about, resulting in a removal order, but they are not as common and these would be procedures at local offices in Canada. Bottom-line: if you have not been denied a TD or been issued a removal order, you probably are still a PR. If so, gather as much evidence as you can of what days you were in Canada, starting of course with your own records (PRs should, of course, keep meticulous records of all border crossing travel, especially PRs who are not clearly residing in Canada and thus who might be subject to a residency examination). Such evidence may include the records SK refers to. If you have been denied a TD, and did not appeal (or lost the appeal), you are a Foreign National. If you were issued a removal order and did not appeal (or lost the appeal), you are a Foreign National. (As in, no longer a PR.) If you have been issued a removal order you have . . . I do not recall just how many days you have to appeal, at least thirty. Not sure to what extent you can gather and submit evidence of your presence in Canada at that stage, but I think you can. Best to get a lawyer's help. You can also present H & C arguments. If your PR status has not yet formally been terminated, you can submit evidence to prove how many days you were in Canada, and if those are enough days to meet the residency obligation, preserve your status. If they fall short . . . not good. ------------- 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 |
Posted By: Andre0861
Date Posted: 23 Mar 2012 at 4:06am
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Thank you for your reply here is my situation at present
I was to have a appeal hearing 0n 24 Aug 2012 in Vancouver in July 2011 I received a letter saying its a no brainer and I have to show more roots in Canada and I dont need to appear then on 29 Jan 2012 an immagration officer shows up at my work and says because I did not appear they revoked my PR status and as im just a visiter in Canada Im working illegaly he then confiscates my passport and says there will be a hearing soon and leaves;
I then consult an immagration attorney who decided its beter to volantary leave the country without a hearing were I might get deported
I book a ticket send it to CBSA and all is well then another attorney contacts me and says Im eligable to apply for a spousal sponcership as I have stayed with my girlfriend for more than 1 year (she has PR status) and a bussiness visa as I have invested $500 000 in my own bussiness in Canada he will prepare the documents and apply for a 30 days extension and because I apply in Canada Im allowed to stay here while its processed good plan.... I pay alot of $$$$ and then yesterday we get a 30 day extension but CBSA says Im not allowed to supmit my application in Canada because I worked illegaly
What am I to do now the attorney wants me to leave Canada for 6-8 months and apply for spousal and bussiness while im in South Africa and he wants me to pay $10 000 today and deposit $168 000 in trust to get some kind of nomination
------------- Andre |
Posted By: pmm
Date Posted: 23 Mar 2012 at 1:21pm
Hi
1. I assume you mean your hearing was on the 24/08/11, and you didn't appear. Who was the letter from? If you didn't appear, I bet the appeal was declared as abandoned and then your conditional removal order became effective. 2. With an effective removal order, you are going to have to go. Now it appears that you are going to be reported for working without permission and I think the first lawyer you consulted is probably right that you are now pushing for a minimum of an exclusion order. ------------- PMM |
Andre0861 wrote:Posted By: MajidS
Date Posted: 04 Jul 2012 at 9:31am
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