I have decided not to appeal because I thought appeal will ultimately be dismissed and instead of wasting time on it I should let the PR status go so that I can reapply for PR quickly. I was not aware of the fact that one can surrender PR even during the course of pending appeal decision.
This info is very useful and new to me. Thanks.
Now the question is if I appeal and get new PR card/health benefit etc. then at the time when I apply for surrender of PR status,
will there be any problem in staying of my wife in Canada?
Can I apply for inland sponsorship immediately after filing paper for surrender of PR status documents?
Do I need to apply for TRV or work permit to get her implied status? or her valid PR card is good enough till the time it is valid and after that CIC will allow her to stay because of pending sponsorship application?
I am not sure about what procedure to follow when withdrawing the appeal and/or surrendering PR status. Withdrawing the appeal will, in itself, terminate PR status.
It is possible that someone at IRCC, perhaps through the call centre, will guide you through that process. Probably not, but worth trying. No point making that call, however, until that is the actual status of things, until the PR is in Canada, reported, and an appeal made.
But there are some wrinkles in this, some aspects which could be a little tricky. Which is why I suggested seeing a lawyer for at least a consultation.
For example, if an inland-sponsored PR application is necessary, there is no way around some issues arising from the gap in time between when PR status is formally terminated and a work permit is issued attendant the inland-app procedure. Technically during that gap, the former PR cannot legally work in Canada and probably is not eligible for health care benefits, although the latter could vary from one province to another.
It could be complicated.
Thus, some important caveats:
-- I am no expert.
-- There is not much information, or reporting based on personal experience, regarding procedure for withdrawing appeal.
As I noted in my previous post, at the least it would probably be a good idea to have a
formal consultation (one that is paid for, not one of those free consultations which tend to be mechanisms for soliciting clients, during which an individual is not likely to learn anything of much use) with a licensed lawyer. Cost should be $300 to $600. You can get a lot more out of a consultation if you do your homework up front and go in prepared to focus on the key issues.
Moreover, again, I am no expert and I am not qualified to give personal advice.
Through a number of publicly available sources, including IAD decisions which contain reports about actual cases, I am fairly familiar with the process, and related procedures, including the PoE examination (for which the applicable Operational Manual, ENF 4 "Port of Entry Examinations" is available online, following links at
http://www.cic.gc.ca/english/resources/manuals/index.asp but that may be so detailed and broad that it confuses more than it illuminates), as well as the process of issuing of a 44(1) Report and Removal (or Departure) Order, and the outcome of appeals.
However, even in respect to the aspects of these processes with which I am familiar, there are many gaps in what we know.
To some extent, anecdotal reports in the forums help fill in the gaps. But as you might notice if you look at the recent query posed by
BOYX, in a topic titled "Minister's Delegate - US/CAN Border," in which
BOYX addresses those who, when in breach of the PR Residency Obligation, have gone through a PoE examination, and asks them to report about what happened at the PoE:
No responses so far.
And over the course of years, detailed reports about this are sporadic, many sketchy, most lacking sufficient context or background to facilitate much useful analysis, and overall the reports have been barely enough to help put official reports (like in IAD decisions), and what is known of the rules and procedures, into context, helping to complete the general picture but still leaving some gaps. (Hence, you might have noted that in one of the topics I listed above, in my observations responding to another participant with questions I asked that he or she return to the forum to report on just how the PoE examination goes in their situation; the more information we get, the more we can share, the more fully we can see the picture about how things work.)
The situation you describe is not all that common. Moreover, there are undboutedly many, many particular factors and circumstances specific to you, specific to your partner, which can and are likely to have some influence on how things go.
As I noted before, your status and background can be a significant factor.
Your partner's background will be a huge factor, which of course encompasses a wide range of variables (from age to country of origin, from when and how PR status was obtained to the circumstances resulting in the breach of the PR RO).
Overall: we have few similar stories to glean from and even if we had more, the particulars are way, way too many to help map things for you with much specificity.
But you are at least asking some of the right questions. For example, you asked
" . . . I appeal and get new PR card/health benefit etc. then at the time when I apply for surrender of PR status, will there be any problem in staying of my wife in Canada?"
This question reminded me that getting the one-year PR card might not help all that much, since as soon as her PR status is terminated (either surrendered or appeal is withdrawn or appeal is lost), she will not be able to legally work, probably no longer eligible for health care (could be fraud to use the health care even if not expired), and so on.
Technically there is a problem, since she no longer has status in Canada. So, for example, part of the reason to appeal is to give you time to fully put together the sponsored-PR application, so that application can be made almost immediately after PR status is formally terminated.
Thus, if you could put that application together within a month of returning to Canada, maybe not appeal the Removal Order, wait a week beyond the end of the appeal period and make the sponsored PR application.
But again, this is something worth consulting with a lawyer about.
It would be a good idea to also participate in the part of this site where family class PR applications are discussed in particular. I personally have not kept up with family class sponsored PR applications since my own was granted many years ago now. Details change. Especially for inland-applications. Be sure you are up-to-date with that process.
"Can I apply for inland sponsorship immediately after filing paper for surrender of PR status documents?"
Technically yes, if by "filing" you mean when the document is formally received by IRCC.
Again, while I am no expert, my sense is that the PR here does not want to surrend PR status at the PoE. If a Removal Order is issued, which seems likely, then the PR can either not appeal or withdraw the appeal. That will effect the termination of PR status. Not appealing will effect loss of PR status as of the last date for which an appeal can be made (I do not recall if weekends or holidays count in that period). Withdrawing the appeal will terminate PR status as of the date that withdrawal is recorded (not the day it is mailed, if mailed for example).
"Do I need to apply for TRV or work permit to get her implied status? or her valid PR card is good enough till the time it is valid and after that CIC will allow her to stay because of pending sponsorship application?"
The one-year PR card she could obtain if she appeals will no longer be valid (regardless what date it expires) when the appeal is formally withdrawn (or the date the appeal is lost).
The last I was familiar with the inland-sponsored spouse PR application process, the applicant did not have implied status but the government had a policy to not proceed with any removal proceedings. This was subject to some conditions and exceptions, and again I am not familiar with the current process, so you should study those at the IRCC web site and, as I already noted, visit that part of this web site, where family class PR applications are discussed.
As for working, here too I am not familiar with the current process. See the other part of this website about inland spousal sponsored PR applications and the IRCC website. When I was familiar with the process, as I recall the sponsor/applicant would make a concurrent application for a general work permit with the inland PR application, included with and a part of the inland application, and the odds were good this would be granted . . . no idea how long that takes, assuming this is still the process.
Overall, my understanding is that IRCC still has, currently has, policies giving priority to family unification and generally allows spouses to stay in Canada, once in Canada, pending the outcome of the inland application . . . but this is subject to certain conditions and exceptions. So you should do the homework about this too.
That's probably about all I can offer.
I cannot emphasize enough you should take the time to read both the topics I cited in my previous post and to visit the forum conference at this site for family class sponsored PR.
Once the two of you have navigated the early phases of this, it will probably seem easy, simple. But it is worth doing the homework upfront and to be prepared for the next step as you go through this process.
And, as I say to others, if you return to share what you learn, that will be appreciated.
