Canadian Embassy forcing me to sign waiver

[CastAway]

The facts people :

Castaway´s background:
Date of Birth : 1971
Marital Status : single
Citizenship Status : Foreign National
Family Citizenship Status : Father, sister and brother Canadian citizens.

CastAway´s time spent in Canada :

1) 1975 - 1980
(left at the age of 9 accompanying parents)

2) 1984 - 1991 - Dad became Canadian citizen in 1986
(left Canada at the age of 19 accompanying parents)

3) 1998 (spent 4 months in Canada)


Current Status : Foreign National

Problem : Is CastAway entitled to any claims whatsoever ? ( Canadian Embassy is currently denying him travel visa to sister´s wedding in Canada on condition that he sign a waiver of right to appeal Residency Status Determination)

Thoughts ?

 

[PMM]

HI

The facts people :

Castaway´s background:
Date of Birth : 1971
Marital Status : single
Citizenship Status : Foreign National
Family Citizenship Status : Father, sister and brother Canadian citizens.

CastAway´s time spent in Canada :

1) 1975 - 1980
(left at the age of 9 accompanying parents)

2) 1984 - 1991 - Dad became Canadian citizen in 1986
(left Canada at the age of 19 accompanying parents)

3) 1998 (spent 4 months in Canada)


Current Status : Foreign National

Problem : Is CastAway entitled to any claims whatsoever ? ( Canadian Embassy is currently denying him travel visa to sister´s wedding in Canada on condition that he sign a waiver of right to appeal Residency Status Determination)

Thoughts ?

The CHC has determined that you have lost your PR status, and requesting that you sign the waiver so that you cannot claim PR status at the POE. You have a choice, sign the waiver or don't get a visitor visa. You may wish to consult either a Canadian Immigration Lawyer or Consultant.

PMM

 

[CastAway]

The CHC has determined that you have lost your PR status, and requesting that you sign the waiver so that you cannot claim PR status at the POE. You have a choice, sign the waiver or don't get a visitor visa. You may wish to consult either a Canadian Immigration Lawyer or Consultant.

PMM

Mind taking a shot at this one PMM ?

In 98, while staying in Calgary for 4 months I approached the local Immigration offices. I asked about any claims I might have been entitled to at the time. I was stonewalled. Was I lied to by that immigration officer ? Were they in breach of any laws by denying me that info ?

Cheers,

CastAway

 

[CastAway]

Why would Immigration Canada want to dissuade me from claiming PR status if I might be entitled to it ?

 

[CastAway]

If I do not sign the appeal rights waiver, what appeal rights would I have ?

 

[CastAway]

I think I need a CI Lawyer.

 

[PMM]

Hi

The CHC has determined that you have lost your PR status, and requesting that you sign the waiver so that you cannot claim PR status at the POE. You have a choice, sign the waiver or don't get a visitor visa. You may wish to consult either a Canadian Immigration Lawyer or Consultant.

PMM

Mind taking a shot at this one PMM ?

In 98, while staying in Calgary for 4 months I approached the local Immigration offices. I asked about any claims I might have been entitled to at the time. I was stonewalled. Was I lied to by that immigration officer ? Were they in breach of any laws by denying me that info ?

Cheers,

CastAway

In 98 pre IRPA (2002) you were only allowed to be outside Canada 183 days in each year, without a returning resident permit. So they weren't stonewalling, as of the law at that time you had lost your PR status.

PMM

 

[PMM]

Hi

If I do not sign the appeal rights waiver, what appeal rights would I have ?

None, unless you can make it to a port of entry, and if you require a visitor visa, it won't happen. You may wish to read the manual on loss of PR status.
http://www.cic.gc.ca/manuals-guides/english/op/op10e.pdf

PMM

 

[CastAway]

Hi

If I do not sign the appeal rights waiver, what appeal rights would I have ?

None, unless you can make it to a port of entry, and if you require a visitor visa, it won't happen. You may wish to read the manual on loss of PR status.
http://www.cic.gc.ca/manuals-guides/english/op/op10e.pdf

PMM

Thanks for taking the time PMM.

Question :

U.S or Canada visitor visa ? What if I make it to a POE via the US ?

 

[PMM]

Hi

Hi

If I do not sign the appeal rights waiver, what appeal rights would I have ?

None, unless you can make it to a port of entry, and if you require a visitor visa, it won't happen. You may wish to read the manual on loss of PR status.
http://www.cic.gc.ca/manuals-guides/english/op/op10e.pdf

PMM

Thanks for taking the time PMM.

Question :

U.S or Canada visitor visa ? What if I make it to a POE via the US ?

You can apply for restoration, but you will be given 30 days to appeal, an if unsuccessful, an order will be issued removing you from Canada.

PMM

 

[CastAway]

Hi

Hi

If I do not sign the appeal rights waiver, what appeal rights would I have ?

None, unless you can make it to a port of entry, and if you require a visitor visa, it won't happen. You may wish to read the manual on loss of PR status.
http://www.cic.gc.ca/manuals-guides/english/op/op10e.pdf

PMM

Thanks for taking the time PMM.

Question :

U.S or Canada visitor visa ? What if I make it to a POE via the US ?

You can apply for restoration, but you will be given 30 days to appeal, and if unsuccessful, an order will be issued removing you from Canada.

PMM

Fighting for restoration or re-enstatement...How about legal fees ? How much would this stunt cost me ?

 

[CastAway]

The following answer was posted in another immigration forum :

"If you have an IMM 1000 and have a single entry US visitor visa , by all means drive into Canada and then try to fight for re-enstatment but it will take time. Can you stop earning a living and afford my fees or someone like me to fight this case?"

Thoughts anybody ?

 

[CastAway]

Here are some other answers form the IC forum :

"If you have a IMM 1000 and have a single entry US visitor visa , drive into Canada and then try to fight for re-enstatment but it will take time. Can you stop earning a living and afford my fees or someone like me to fight this case?" - Genius

"In 98 pre IRPA (2002) you were only allowed to be outside Canada 183 days in each year, without a returning resident permit. So they weren´t stonewalling, as of the law at that time you had lost your PR status " - Whiz

"The CHC has determined that you have lost your PR status, and requesting that you sign the waiver so that you cannot claim PR status at the POE. You have a choice, sign the waiver or don´t get a visitor visa. You may wish to consult either a Canadian Immigration Lawyer or Consultant." - Wunderkind

"(you´re screwed CastAway), unless you can make it to a port of entry, and if you require a visitor visa, it won´t happen." - Legal Larry

Anybody else want a crack at it ?

 

[CastAway]

What are my chances of getting my PR status re-enstated ?

 

[CastAway]

Other opinions from various forums :

"If you have a IMM 1000 and have a single entry US visitor visa , drive into Canada and then try to fight for re-enstatment but it will take time. Can you stop earning a living and afford my fees or someone like me to fight this case?" - Genius

"In 98 pre IRPA (2002) you were only allowed to be outside Canada 183 days in each year, without a returning resident permit. So they weren´t stonewalling, as of the law at that time you had lost your PR status " - Whiz

"The CHC has determined that you have lost your PR status, and requesting that you sign the waiver so that you cannot claim PR status at the POE. You have a choice, sign the waiver or don´t get a visitor visa. You may wish to consult either a Canadian Immigration Lawyer or Consultant." - Wunderkind

"(you´re screwed CastAway), unless you can make it to a port of entry, and if you require a visitor visa, it won´t happen." - Legal Larry

Thoughts ?