Canada Immigration and Visa Discussion Forum Homepage
Forum Home Forum Home > Canada Immigration Topics > Preserving Permanent Residence Status
  New Posts New Posts RSS Feed - Should I follow up on my immigration interview?
  FAQ FAQ  Forum Search   Events   Register Register  Login Login

Should I follow up on my immigration interview?

 Post Reply Post Reply
Author
Message
Alan92 View Drop Down
Junior Member
Junior Member


Joined: 05 Jul 2011
Status: Offline
Points: 11
Post Options Post Options   Thanks (0) Thanks(0)   Quote Alan92 Quote  Post ReplyReply Direct Link To This Post Topic: Should I follow up on my immigration interview?
    Posted: 07 Sep 2011 at 10:11pm
Hello All,

 I have a question that I would like to ask. A little background first. I became a permanent resident of Canada in 2006. I stayed for about 2 months as my family and I rushed into things in the way to Canada then I went back to my country as my husband and I have work related obligations there. Then, I returned to Canada in January 2007, tried to look for a job and went through the hurtles of validating my credentials from back home, which took about 4 months. Afterwards, I started looking for a job in the education sector or psychology as I'm a counseling professor upto the end of October 2007, but with no luck! So I decided to go back home and teach for a semester as I was broke and my husband barely could keep up with expenses of our children. The next time I entered Canada was June 2008 and stayed to November (about 5 months), did the same thing in 2009 stayed for 5 months and 6 months in 2010. As my PR was about to expire in August 2011, I filled up the renewal form and mailed it. Every thing went fine till the day I went to pickup my card on July 13th. The agent asked form my passports, which I handed them to her. However, The passport that I used to enter Canada in 2008 was not among the ones I gave as it was recalled by my home country government as it turned out that the security features on were easy to replicate and apparently there were a lot of fake ones.

 Bottom line, the agent refused to give my new PR on the grounds that the passport of 2008 is missing and was told to wait to be interviewed with an agent. I waited, and I did my home work and asked what kind of document they usually request (got the list from the immigration call centre). Went to the interview with all the documents including my entries and exists from my country boarders, which turned to be the only paper that the agent looked at. Unfortunately, there was an error on that paper and to make matters worse, its in the 2008 year. According to the paper I presented, I left my country to Canada on May 2008, but from the Canadian boarders side I got into Canada in June, which is the correct date. May (5) and June (6) are written in a very similar way in my mother tongue and I know its a mistake done by the boarder officer there. I tried to convince the agent of that, but since I don't have that particular passport, I have no proof and the agent said that she needs the 2008 passport, which I cannot get it was certainly destroyed by my home country.

Now its been 2 weeks since the interview, and I definitely cannot get the passport and I have not heard from immigration Canada. I'm currently in Canada (since the past 3 months) but I have to get back home as I renewed my contract with my employer for another year (need the money). I'm supposed to leave next week and I have no clue what to do. I've done my minimum days the 720, but because of my bad luck I'm in this trouble.

Any thoughts and suggestions? I'm planning to call the agent and ask.
Back to Top
dpenabill View Drop Down
Top Member
Top Member


Joined: 29 Nov 2009
Status: Offline
Points: 6407
Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 07 Sep 2011 at 11:47pm

First: the residency obligation (RO) is 730 days in the applicable five year period, which for you from now on is the five previous years (for any given day).

You do not give the precise date, but say your interview was on August 24, 2011 (2 weeks ago). The officer probably was looking at two things:

(1) Whether you met the RO for purposes of eligibility for a new PR card (based on five years immediately preceding date of application for new PR card).

and, possibly (though not necessarily)

(2) Whether you met the RO as of the date of the interview (if the interview was August 24, then this would have been based on whether you were in Canada at least 730 days between August 25, 2006 and August 24, 2011)



Number (1) is about whether or not you will be given a new PR card pursuant to this application. The burden of proving you were in Canada was on you. If the officer determines you failed to meet this burden of proof, they may deny you a new PR card based on this application. So long as you are not issued a removal order, you can re-apply when you are certain you are in compliance with the RO.

Number (2) is about whether or not to issue a removal order and thus revoke your PR status for failing to comply with the RO. It does not sound as if they looked into this much, and at the least that requires giving you an opportunity to present H & C grounds. This may not have been looked at in the interview, but there is a fair chance that it was. Assuming you were close to the 730 minimum, though, given your ongoing presence in Canada now, you are probably OK, at least for now, though see caution below.

Your arithmetic is not clear enough, however, to confidently assess where you stand; and it is not clear, in particular, what impact the lack of the 2008 passport has.

Moreover, you seem to be indicating presence as follows:
2 months in 2006 (Aug & Sept)
9 or 10 months in 2007 (Jan to Oct.)
5 months in 2008 (June to November)
5 months in 2009 (similar time frame?)
6 months in 2010 (no dates indicated)

All that adds up to at least 27 months even before 2011, more than enough to meet the RO, more than enough to meet the RO even if some of the time in 2008 cannot be fully documented (did you submit proof showing activities in Canada during that time period in 2008? rental receipts? travel receipts?) but not quite enough if the whole 5 months was discounted.

Moreover, the source for the information you provided for the return to Canada in 2008 is not clear to me. If you obtained your records from CBSA (Canada Border Services), they should show the date you entered Canada in 2008 and there should not be any mistake there due to differences in language (your mother tongue would be irrelevant). The exit date from another country is evidence, sure, but what is important is the date you actually entered Canada. That was probably evidenced by a stamp in your passport and is also probably accurately recorded in CBSA records. Not sure how or why any document you obtained from your home country would purport to indicate entry dates into Canada (that is, other than information taken from a Canadian stamp in the passport, but that date should have been accurate in the passport and not confused).

You are not clear about how the interview concluded: were you advised to obtain additional documents and submit those? As in obtaining and submitting your 2008 passport (as if you could)?


Bottomline:

I am guessing some, but it sounds as if you are not going to be issued a removal order based on the interview, which is good news (no guarantee though) but also that the officer was not convinced you proved compliance with the RO as of the date the application was submitted. If this is the outcome, the result could be a denial of the application for a new PR card. You can re-apply once you are fully in compliance with the RO. Perhaps that is immediately. You can also make an urgent application.

That said, even if you are issued a new PR card, if you want to preserve your Canadian PR status you really are in no position to leave Canada to work and live elsewhere for any length of time. You are so close to the RO as is that if you leave you will most likely soon be in breach of the RO anyway and subject to losing your PR status. This is true even if they issue you a new PR card.

I suspect, for example, that since you were in Canada for two months following landing, that if you are in compliance with the RO, it is not by much, and in the meantime those days following your landing are falling out of the equation as they become more than five years old. So for awhile you are not gaining any days in terms of the RO.

This will arise again in January, as the days you were in Canada in January 2007 and thereafter begin to fall out of the equation (again, since they will become more than five years past).

This leads to an important caution:


Caution regarding ongoing RO obligation:

If you leave Canada soon, you will probably be in breach of the RO soon as well. You can NO LONGER look ahead five years in which to come into compliance. You MUST BE IN COMPLIANCE every day from now on, based on looking backwards from whatever date it is considered.

Bottomline here is that if you leave Canada in October, and as of then have, say, 770 days of presence in the immediately preceding five years, you are probably OK until sometime in February (this is calculated based on going out 40 days from the anniversary of the day you came to Canada in January 2007), but by late February you will be in breach of the obligation unless you have returned to Canada and are in Canada. And, you will at that point basically have to stay in Canada through October and then some in order to stay in compliance.

There will most likely be a flag on your file. There is a substantial prospect that the next time you enter Canada you will be asked questions relative to the RO. If you have not been "in Canada" for at least 730 days as of that date, that is the date you approach the POE seeking entry into Canada, you will quite likely be issued a removal order. Your circumstances do not indicate much in terms of H&C grounds. So the removal order is likely, eventually, to become enforceable even if you appeal. That is, you would lose PR status.

Remember: If and when you obtain a new PR card, that does not affect how your compliance with the RO is calculated from now on. The date on the PR card is irrelevant. You must be "in Canada" for at least 730 days in the immediately preceding five years; in particular, this means that whenever you approach entry into Canada they can (and in your case probably will) look back at the immediately preceding five years, from that day, and calculate whether you were in Canada at least 730 days during that time period. If not, a removal order is likely.
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
Back to Top
dpenabill View Drop Down
Top Member
Top Member


Joined: 29 Nov 2009
Status: Offline
Points: 6407
Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 08 Sep 2011 at 2:34pm
I suppose I did not directly answer the primary question: should you follow-up?

That depends on how the interview concluded, whether you were advised or asked to submit further documents or information. If so, yes you really do need to follow-up, and either provide what was requested or explain why you cannot.

This could be an opportunity to supplement what you have provided; if, for example, you did not supply a CBSA record showing dates of entry into Canada, you could apply for those records and in the meantime send a letter to CIC stating that you have requested such records and you would like to have those considered once you are able to submit those. Of course this will take quite a bit of time, so it will not spur the issuance of a new PR card in the next few weeks let alone days. (I doubt you are going to get a new card in the next few days in any event.)

I do not know whether you can submit any additional information or evidence or documents now if they did not advise or ask you to submit additional material.
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
Back to Top
Alan92 View Drop Down
Junior Member
Junior Member


Joined: 05 Jul 2011
Status: Offline
Points: 11
Post Options Post Options   Thanks (0) Thanks(0)   Quote Alan92 Quote  Post ReplyReply Direct Link To This Post Posted: 08 Sep 2011 at 11:07pm
Hi  dpenabill
I'm really grateful for your input. The interview was concluded well, in fact the agent was very cooperative and understanding. As I mentioned, I was requested to get a solid proof that I was in Canada in 2008, like the passport I used to get into Canada (which I do not have), or a proof of a credit card bill showing, for example that I stayed in hotel during my stay in Canada but since I have a home its not applicable. In response to your question, I took my appt lease since I came to Canada, bank statement, phone bills, etc. However, she didn't pay much attention to them. Regarding the CBSA records, she already had a copy but as you know Canada only stamps the entry and that is why she wanted my home country entry/exit record for days calculation. But as I said, the only concern was the conflict in the entry day to Canada. Any way, I might go with your recommendation and call to explain and see. May be I can argue that if they omit the 2008 days, I might be short couple of weeks to be compliant.

Thanks
Back to Top
dpenabill View Drop Down
Top Member
Top Member


Joined: 29 Nov 2009
Status: Offline
Points: 6407
Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 09 Sep 2011 at 1:33am
If there is an entry into Canada in 2008 and that is reflected in the CBSA record, that at least confirms your presence in Canada in 2008, so the only issue is how many days credit for 2008 you are entitled to. If you have evidence of activity in Canada during that time, any activity, that shows continued presence.

Does sound as though the officer was expecting you to follow-up and submit further evidence or documentation, so you should submit something, as much as you can gather, perhaps even some of the stuff you had with you that was not examined. Be sure to submit copies and keep originals.   
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
Back to Top
 Post Reply Post Reply
  Share Topic   

Forum Jump Forum Permissions View Drop Down