IAD Appeal withdraw or NOT

[nbuksh]

Hi,

I got my first PR card in November 2006 and expired last year November 2011, i lived there between 2006 to 2008 and got back my home country due to personal reasons. last year i visited again Canada and applied for renew PR and got back. After six month i got a approval letter for pick it up your new PR. i applied for travel document for travel back to Canada to get my new PR card but i was rejected due to not have much proofs. now i applied for appeal and got complete documentation for appeal but not hearing date.

Few days back i got a call from my friend who live in Canada, he got my renewed PR card by mail but it is renewed only for 1 year. now i need advise for what to do next and how sort out this. As now i am very much keen to keep my Permanent Residency.

Thanks in advance.

 

[L7]

Hi,

I got my first PR card in November 2006 and expired last year November 2011, i lived there between 2006 to 2008 and got back my home country due to personal reasons. last year i visited again Canada and applied for renew PR and got back. After six month i got a approval letter for pick it up your new PR. i applied for travel document for travel back to Canada to get my new PR card but i was rejected due to not have much proofs. now i applied for appeal and got complete documentation for appeal but not hearing date.

Few days back i got a call from my friend who live in Canada, he got my renewed PR card by mail but it is renewed only for 1 year. now i need advise for what to do next and how sort out this. As now i am very much keen to keep my Permanent Residency.

Thanks in advance.

1. Did you fulfill the 730 days period when you applied for PR Card?
2. When did you appeal in the IAD?
3. Did you get the appeal record from the CBSA?
4. If you get the appeal record, what are the reasons mentioned in the CAIPS to refuse TD.
5. What is the issue date & expiry date of PR Card?

one may give suggestion if you explain little further.

 

[nbuksh]

Hi,

Thanks for response, your queries answers are as follow:

1. Yes
2. I appeal in June 2012 and got complete document from IAD in Sept.2012
3. Yes
4. subject is unable to substantiate his claims regarding residency in Canada form 2006 to 2008.
5. New PR card issue date is 21 Aug 2012 - 21 Aug 2013.

Thanks in advance.


Best regards

 

[L7]

As the CIC is not satisfied with your claim of 730 days residency and initiated to revoke your PR. The CAIPS indicate question mark on your PR status therefore you have no option but to wait for you Appeal Hearing which is likely to take place after about 1.5 years.

The best you can do is to permanently settle in Canada as soon as possible, i mean to go there with your new PR card and reside there until your Appeal Hearing take place.
Also prepare for the hearing, gather relevant documents of your residency in 2006 - 2008 and residency from now onward to hearing date.

 

[nbuksh]

Hi

Thanks a lot for quick response and guidance, I really appreciate your help on this form. Now I have a concern if I permanently settle in Canada with my new PR. Will this put good impact on hearing officer and will he give me any benefit for this.

Seconded question is when I will be settling in Canada with my new PR and beside I have appeal with IAD, can I apply sponsorship for my family during this period.

Thanks in advance

Best regards

 

[L7]

Hi

Yes of course. Following issues are determined during Appeal hearings:

• the nature, extent and degree of non-compliance with the residency obligation;
• the reasons for and extent of the absence(s) from Canada and the appellant’s intentions in relation to residency in Canada;
• whether the appellant made reasonable attempts to return to Canada at the first opportunity;
• the length of time the appellant has spent in Canada and the degree to which the appellant is established in Canada;
• the continuing connections the appellant has to Canada, including connections to family members here and the hardship and dislocation to family members in Canada if the appellant ultimately ceases to be a permanent resident as a result of his or her non-compliance;
• the degree of establishment of the appellant outside of Canada;
• the best interests of any child directly affected by the decision; and
• the degree of hardship that would be caused to the appellant by loss of status in Canada, including the conditions in the likely country of removal.

As regards your question:
<<Seconded question is when I will be settling in Canada with my new PR and beside I have appeal with IAD, can I apply sponsorship for my family during this period>>

I have no idea however one should give it try.

 

[nbuksh]

Thanks for your prompt reply and good suggestions, I will go ahead with your advice and settle down in Canada ASAP. Now I have a query about immigration officer at airport, do they have record about my appeal and what should I tell officer at airport when I come back to Canada.
Last year when I visited, I told them the truth that I am here to renew my PR, then officer sent me inside the immigration office where one of officer checked my passport and stamped also written by pen LRR .

My last question about this can I apply TRV for my family based on my New PR from same office where they refused my TD.

Thanks in advance

Best regards

 

[L7]

Yes they have access to see your CAIPS in their system. If you slip in without question that is good if they ask just tell them truth that you would attend your appeal hearing in person in the IAD office and you would stay here & prepare for your hearing. You have a valid PR Card and one remain PR until negative decision is made by the IAD, so as PR they won't deny your entry into Canada and allow you to get in.

I don't know what does it mean by LRR.

Yes they can apply for TRVs from the same office, just to ensure the visa officer that they would not overstay & have sufficient funds for their stay in Canada.

 

[nbuksh]

Hi Again,

I just got in Canada with my new PR Card, but I got a very tough time from Immigration officer. She said I am not meeting with Residency obligation, my appeal is with IAD, and not suppose to enter in Canada. she said before travel I should take a permission form CIC and IAD to enter in Canada. In the last she took my passport, new PR card and appeal forms copy and said she will report to CIC about me. she also didn't stamped my passport and allowed me to enter in Canada and said your this visit days will not count until IAD decision come on my appeal.

Now please tell me , what should I do.

Best Regards

 

[Msafiri]

nkbush,

1. How many days of physical presence in Canada are you claiming between 2006 and 2008?

2. What evidence do you have of this physical presence?

Not sure about the L in LRR but RR stands for returning resident. A requirement of sponsorship is that the sponsor maintains PR status throughout the application process. Technically you are a PR until the Immigration Board determines your appeal so you could take the view that you should apply. However CIC will suspend your application until a final determination of your residency.

To confirm did the CBSA offficer retain your documents?

 

[nbuksh]

Hi Msafiri,

Thanks for quick response, queries of your answer is as follow:

1. I am claiming 781 days between 2006 and 2008

2. I have few tax returns and bank statements. Not much evidence.

CBSA officer returned my documents after made Photostat copy of my documents which include PR card, passport and IAD appeal forms which I received from embassy that rejected my travel document. CBSA officer told me that my current stay in Canada will not count and she will report to CIC about this.

Thanks in advance

 

[scylla]

Hi Msafiri,

Thanks for quick response, queries of your answer is as follow:

1. I am claiming 781 days between 2006 and 2008

2. I have few tax returns and bank statements. Not much evidence.

CBSA officer returned my documents after made Photostat copy of my documents which include PR card, passport and IAD appeal forms which I received from embassy that rejected my travel document. CBSA officer told me that my current stay in Canada will not count and she will report to CIC about this.

Thanks in advance

Well - you definitely haven't met residency requirements. To meet residency requirements, you must live in Canada two out of every five rolling years (not just two out of every five years of your PR card validity).

I think you really can't do much now except wait for CIC to contact you.

 

[nbuksh]

Hi Scylla

Thanks again for quick reply, now what are the possibilities to keep my PR or

1. Should I wait until CIC contact me?
2. Should I withdraw my appeal and PR both for further immigration prospective point of view?
3. Should I contact good immigration lawyer?

What your advice on this Mr. Leon?

Thanks in advance

 

[Msafiri]

If you can get some more evidence of your claimed 781 days then you should go ahead with the appeal but be prepared for some wait. Are the personal reasons that made you return to your home country of a compelling nature such as looking after someone who was terminally sick? If yes then you can add H&C to your grounds of appeal.

Alternatively if you believe you will not succeed at appeal and have good reasons to think so such as a lack of proof of physical presence check the CIC site and look for other ways of applying for PR.

Until the hearing is concluded and a decision rendered you retain on paper PR status. Make the most of this now such as employment and/ or education. Don't leave Canada again until this is resolved - the 1 year validity PR Card is due to you being under enforcement proceedings/ appeal hearing.

One thing that needs checking is if the CBSA officer at your most recent entry has actually filed a report that you don't meet your residency obligation which would cover the 5 year period prior to your date of entry so 2007-2012 which based on your time lines above means you will have lost your PR status. In this case even if you succeed on the first appeal a second report over turns this.

 

[jadwig]

781 days within your first five years of PR should qualify you for renewal. Ideally, your renewed card should have 5 years validity and you should be in your second 5-year residency period now... You might want to hire a good lawyer to sort this out. Wish you all the best.