how can I repeal my PR out of Canada?

[sara_i]

Dear friends,
I took my conditional PR around a year ago and its condition was that lives with my husband for 2 years, but I came back to my country and divorced after in January and perceived that my PR would be canceled. But I found out that the condition of PR is canceled based on the new policy after April 18, 2017 (conditional permanent residence no longer applies to new and existing applicants for permanent residence), and I can repeal my PR even if I have been issued a removal order (Permanent residents who have been issued a removal order for failure to comply with the requirement to cohabit with their sponsor for a period of two years and have filed an appeal to the Immigration Appeal Division (IAD) of the IRB and for whom a decision has not been made on the appeal) based on this link:
http://www.cic.gc.ca/english/resources/manuals/bulletins/2017/ob640.asp

Now I have to apply for PR Travel Document from my home country and find out whether it is still valid or not. But if I see it's not valid, I will have still the right to file an appeal to the IAD of the IRB. But how can I do that outside of Canada?! Do I have a chance to repeal my PR?
I am looking forward your guidances.

 

[rish888]

As long as your got your PR, then you are good. Cohabitation rule no longer applies to you.

Do you have a valid PR card? If you have a valid PR card then no need to apply for a PRTD.

If you don't have a PR card go ahead and apply for a PRTD, you are in compliance with all your conditions (including residency obligation) so it will be approved.

You do have a right of appeal to the IAD, but you will not need it. Take your PR card/PRTD and go back to Canada whenever you want.

 

[sara_i]

As long as your got your PR, then you are good. Cohabitation rule no longer applies to you.

Do you have a valid PR card? If you have a valid PR card then no need to apply for a PRTD.

If you don't have a PR card go ahead and apply for a PRTD, you are in compliance with all your conditions (including residency obligation) so it will be approved.

You do have a right of appeal to the IAD, but you will not need it. Take your PR card/PRTD and go back to Canada whenever you want.

Dear rish888,
It is an excellent news that you informed me!! I can't believe it! I am sorry but are you sure about it?! Even if I have been issued a removal order?

 

[rish888]

Dear rish888,
It is an excellent news that you informed me!! I can't believe it! I am sorry but are you sure about it?! Even if I have been issued a removal order?

Who issued you a removal order? You cannot be issued with a removal order if you are outside Canada.

Do you have your valid PR card?

 

[sara_i]

Who issued you a removal order? You cannot be issued with a removal order if you are outside Canada.

Do you have your valid PR card?

Since I am sure my ex-husband has reported our divorce to the CIC, I guess CIC has posted me removal order, but I changed my address and because I didn't think that the new act would be passed about the conditional PR and so I didn't aware I should inform CIC of my new address. But I haven't received any email as well! No, I don't have my PR card because my ex-husband refused to give me my PR card and my landing paper as well! but I have the photo of PR card.( if you mean that I have my UCI number or not, I have it)
I know I can apply for PRTD however it takes 66 days to have it.

 

[rish888]

You ex refused to give you your PR card and landing papers? The guy seems like an a**hole...

If I were you I would apply for a PRTD.

Departure Orders are only issued for people inside Canada. In some instances Departure Orders can be issued in absentia, but not when the person has not had contact with CBSA or CIC.

Apply for a PRTD, unless you met with CIC or CBSA regarding your divorce you will be fine.

PRTD's do take time, if you want to get back to Canada ASAP do you have an American visa? If so, you can enter Canada via the land border with nothing but your passport. (It will take sometime for them to verify who you are, but they need to let you in.)

NYC is pretty close to major cities such as Montreal and Toronto. If you can rent a car you should be hassle free.

Once inside Canada, just reapply for your PR card. You will get it in around 60 days. but during this time you will of course be inside Canada.

If you don't mind could you tell what happened after you and your spouse separated? Did the leave the country immediately? If you did was it voluntary or were you issued a removal order by CIC?

 

[sara_i]

You ex refused to give you your PR card and landing papers? The guy seems like an a**hole...

If I were you I would apply for a PRTD.

Departure Orders are only issued for people inside Canada. In some instances Departure Orders can be issued in absentia, but not when the person has not had contact with CBSA or CIC.

Apply for a PRTD, unless you met with CIC or CBSA regarding your divorce you will be fine.

PRTD's do take time, if you want to get back to Canada ASAP do you have an American visa? If so, you can enter Canada via the land border with nothing but your passport. (It will take sometime for them to verify who you are, but they need to let you in.)

NYC is pretty close to major cities such as Montreal and Toronto. If you can rent a car you should be hassle free.

Once inside Canada, just reapply for your PR card. You will get it in around 60 days. but during this time you will of course be inside Canada.

If you don't mind could you tell what happened after you and your spouse separated? Did the leave the country immediately? If you did was it voluntary or were you issued a removal order by CIC?

Dear rish888,
I don't know how to appreciate you because of your complete answers to my concerns.
Yea, unfortunately I am living in the men country...! never mind. I am a strong girl.
first of all, I have to say that unfortunately I don't have an American visa.
secondly, I first landed in Canada in Jun 2016 and came back to my country with my ex 2 months later in August. We got divorced in January 2017. So it was voluntary.

 

[rish888]

So I gather that you go divorced in your home country? Based on what you say even if your ex reported you I don't believe there is a way that CIC could have launched an investigation and initiated removal proceedings with you outside the country.

In my opinion you should be good to go. Apply for a PRTD, or if you can't wait to get back apply for an American visa (should take only about two weeks) and use that route.

Best of luck!

 

[sara_i]

So I gather that you go divorced in your home country? Based on what you say even if your ex reported you I don't believe there is a way that CIC could have launched an investigation and initiated removal proceedings with you outside the country.

In my opinion you should be good to go. Apply for a PRTD, or if you can't wait to get back apply for an American visa (should take only about two weeks) and use that route.

Best of luck!

yes, exactly I divorced in my home country. as you suggested I should apply for PRTD, I can wait.
thanks a bunch.

 

[rish888]

Actually, just apply for a PRTD.

I double checked processing times, it is not 66 days. Regular PRTD processing takes only about 2 weeks. Are you in India, because through VFS you get it in around 2 weeks.

Forget about applying for an American visa.

I have attached the application link for a PRTD:

http://www.cic.gc.ca/english/information/applications/travel.asp

Where it asks for you PR card number, note that it is not the 8 digit number on the front, rather it is the number of the back left hand side of your card.

Where is asks were they any conditions attached to your PR, answer:

Yes, two year cohabitation rule with spouse.

With the current changes they will automatically recognize that this is not a condition any more and process your application normally.

 

[zardoz]

You might also wish to report to the police that your PR Card and COPR have been "stolen" by your ex-husband. They are not his property to withhold from you. Then, you can apply for a replacement PR Card when you return to Canada or he may be forced to return them to you.

 

[sara_i]

You might also wish to report to the police that your PR Card and COPR have been "stolen" by your ex-husband. They are not his property to withhold from you. Then, you can apply for a replacement PR Card when you return to Canada or he may be forced to return them to you.

thank you so much, yes I will do that when I am safely in Canada.

 

[canuck78]

So happy that you discovered that your PR was still valid. Just wanted to clarify that you will still have to stay in Canada for 2 out of 5 years ifrom your landing date n order to retain your PR. I know you mentioned you live in a "man country" I hope your family will allow you move on your own to Canada. I hate that I wrote allow but unfortunately the reality in many parts of the world.

 

[sara_i]

So happy that you discovered that your PR was still valid. Just wanted to clarify that you will still have to stay in Canada for 2 out of 5 years ifrom your landing date n order to retain your PR. I know you mentioned you live in a "man country" I hope your family will allow you move on your own to Canada. I hate that I wrote allow but unfortunately the reality in many parts of the world.

yes I am really happy too and it was a news to me, and I am very thankful to Rish888 who informed me about this and helped me a lot in this way. thank you for your information. I can completely know your point, you are right. but fortunately, I have a very open-minded family and they have always supported me , I am applying for PRTD but I want the first search for job opportunity in my field and if it possible (although I know it is hard to find an appropriate job outside of Canada in a short time) find a job related to my major and then make decision to come to which city directly. Because I know it will cost me a lot if I come without any plan and staying long without having a job there.

 

[canuck78]

Sounds like a great plan. I'm not sure what field you are in but I would encourage you to look at housing costs when considering any opportunities. I see many people only wanting to settle in Toronto or Vancouver where housing costs are very high. Best of luck!