Sample of PR .....RQ.....
- Thread starter KRP
- Start date
I found this extremely useful as how thorough is IRCC in its verification of RO compliance.
My questions are to the senior members including but not limited to Depnabill
1. What happens if the PR who received this request is able to provide the requested documents for just more than 730 days but was unable to document the overall number of days he claimed, say there was a shortfall of 100 to 150 days which is not documented to the extent of proof being asked?
2. Does the receiver of the request have the right to renounce his PR at this stage if misrepresentation allegation was forthcoming? Obviously to avoid prosecution?
Thanks for sharing what you know...
My questions are to the senior members including but not limited to Depnabill
1. What happens if the PR who received this request is able to provide the requested documents for just more than 730 days but was unable to document the overall number of days he claimed, say there was a shortfall of 100 to 150 days which is not documented to the extent of proof being asked?
2. Does the receiver of the request have the right to renounce his PR at this stage if misrepresentation allegation was forthcoming? Obviously to avoid prosecution?
Thanks for sharing what you know...
My suspicion is that any significant discrepancy is likely to put even documented "proof" in doubt. If misrepresentation is alleged, abandoning your PR is unlikely to help you much. In fact, it removes your ability to remain in Canada and puts you at risk of the five-year ban. Maybe discuss with a professional
Thanks, it would be more useful if we know the circumstances of the PR who seems to have been travelling to the USA and UAE. Abandoning will not help, my question is renouncing the PR alltogether if 730 days cannot be proved. As for me I have not yet applied for PR renewal and I am now in compliance just building up more days before proceeding with my application..
Sharing the cover letter is helpful and appreciated.
It would be helpful to see the Questionnaire itself.
I will offer some observations:
A PR may renounce PR status any time the PR wants to do that. But if a misrepresentation has been made, it has been made. Showing back up at the bank to return the money robbed the day before is not likely to help much let alone result in avoiding prosecution. This is so obvious I feel I must not understand the question.
Within the last year or two (could be longer, time flies), IRCC has specifically implemented a policy to review PR card applicants even if the PR requests withdrawal or abandons the PC card application. So withdrawing or abandoning the PR card application will generally not allow the individual to avoid further investigation or prosecution related to any misrepresentations made . . . misrepresentations made in the PR card application, or misrepresentations made in some prior application, or misrepresentations made in the course of an examination at a Port-of-Entry any time in the past.
Otherwise, the failure to document time spent in Canada, meaning to document days the PR reports to IRCC or CBSA he or she was in Canada, does not necessarily mean the individual was not in Canada those days. A failure to prove days in Canada is just that, a lack of proof. Since the burden on the PR is to prove days in Canada, this can lead to the conclusion the PR has failed to prove compliance with the PR RO. Which can lead to loss of PR status.
Allegations of misrepresentation are far more serious than that and the burden of proof is on IRCC to prove the individual made a misrepresentation of fact (which may be by omission) and that misrepresentation is material. Since changes implemented under the Harper government, I believe such misrepresentations can result in inadmissibility and loss of PR status. The individual would be barred from Canada for five years. The case could also be referred to the RCMP for criminal prosecution. I do not recall how much jail or prison time might be imposed before deportation.
Obvious: it would be stupid to make a misrepresentation to IRCC in a PR card application. Utterly stupid.
But just because IRCC does not buy the PR's claims does not mean that IRCC will pursue misrepresentation allegations.
It would be helpful to see the Questionnaire itself.
I am no expert and in some respects I do not know how to respond to these questions.
I will offer some observations:
A PR may renounce PR status any time the PR wants to do that. But if a misrepresentation has been made, it has been made. Showing back up at the bank to return the money robbed the day before is not likely to help much let alone result in avoiding prosecution. This is so obvious I feel I must not understand the question.
Within the last year or two (could be longer, time flies), IRCC has specifically implemented a policy to review PR card applicants even if the PR requests withdrawal or abandons the PC card application. So withdrawing or abandoning the PR card application will generally not allow the individual to avoid further investigation or prosecution related to any misrepresentations made . . . misrepresentations made in the PR card application, or misrepresentations made in some prior application, or misrepresentations made in the course of an examination at a Port-of-Entry any time in the past.
Otherwise, the failure to document time spent in Canada, meaning to document days the PR reports to IRCC or CBSA he or she was in Canada, does not necessarily mean the individual was not in Canada those days. A failure to prove days in Canada is just that, a lack of proof. Since the burden on the PR is to prove days in Canada, this can lead to the conclusion the PR has failed to prove compliance with the PR RO. Which can lead to loss of PR status.
Allegations of misrepresentation are far more serious than that and the burden of proof is on IRCC to prove the individual made a misrepresentation of fact (which may be by omission) and that misrepresentation is material. Since changes implemented under the Harper government, I believe such misrepresentations can result in inadmissibility and loss of PR status. The individual would be barred from Canada for five years. The case could also be referred to the RCMP for criminal prosecution. I do not recall how much jail or prison time might be imposed before deportation.
Obvious: it would be stupid to make a misrepresentation to IRCC in a PR card application. Utterly stupid.
But just because IRCC does not buy the PR's claims does not mean that IRCC will pursue misrepresentation allegations.