Await for judge result, but pr is expire soon

[efincalgaryy]

Glad to see everyone share their experience with cic at this forum


Long story short, my mother had meet up with judge on July 2013. Judge has ask her to provided more resident proof doc which she filled in and send back on August 2013. During the judge interview, the judge indicted that the final result will be send to her within 60 days. (which shall be around Sept 2013). She wrote email to cic yesterday, and got reply back, " we have already received your document, but it will take few more months for us to review"


The question is, her pr card will be expire in Nov 2013, which is next month. She flew out the country after apply the citizenship application, which is 3 years ago. Therefore she wouldn't be quality for renew her pr due to the rules.


Any advise or anyone who has the similar experience? If she plan to re-enter Canada, can she enter with travel visa or any other suitable identification.

 

[Swede]

You have to be PR to qualify for citizenship, so if her PR lapses before she swears the oath her citizenship application is voided. As far as I know.

 

[jujuberanch]

Don't mix up the validity of the PR card with the validity of the PR status.

 

[Swede]

Don't mix up the validity of the PR card with the validity of the PR status.

It's a valid concern if she flew out of the country 3 years ago. You need 730 days in 5 years to retain PR status...

 

[RussCan]

If she has been outside of Canada for more that 3 years she has, very like, forfeited her PR status. Had she been physically in Canada these days it may not have been much of a problem at her stage of the application review. Same would have applied if she was a citizen of a visa exempt country. Needing however to apply for an entry visa puts her right between a rock and a hard place, as the fact that she has been absent for the disqualifying period of time from Canada will almost unavoidably arise at the embassy when she fills out the application form. It's a difficult situation and I would advise consulting an emigration consultant as the only ground she can be saved upon is a companionate one, provided she has a basis for it to claim.

While feeling sorry for the conundrum the applicant's mother has found herself in, the more I read stories like these, on this and other forums, the more I lean to the conclusion that the CIC is not as unreasonable in issuing RQ as it may resemble. Clearly, this person falls under the category of the "apply on the way to the airport" that the CIC has the obligation to single out. Unfortunately, for many of us innocent applicants fall prepay to unnecessary delays because of it.

 

[efincalgaryy]

The reason my mother need to leave the country right away after apply the citizenship (after she physically live in Canada for three and half years), was that my grandmother had a serious surgery and need a long term care taker.


Our immaculate advisor suggest that she has to fly back right away to keep her status, but with my grandmother's situation, my mother wouldn't leave her and stay in Canada for other two years.


I understand CIC has specific rules to follow, but she has fulfilled her 3 and half years stayed in Canada, also been a good citizen for going to school, adopt the culture, and fill her taxes. Sadly enough that she still has to be put under the review.


Regarding to the travel document, just wondering what type of document shall she use for re-entry Canada in the future time?

 

[RussCan]

If her current PR card is expired, she needs to apply for temporary entry permit at consulate in the country she is in now.

 

[Msafiri]

efincalgaryy,

1. What citizenship does your mother hold?
2. Does she have a US visa?
3. If no to 2 how easy would it be for her to get a US visa do you think?

A pre-requisite for citizenship and oath is to be a PR/ not under report. Since your mother's application has taken a long time and she has been absent from Canada she has now breached the RO. Did your mother fail to appear for an event scheduled with CIC prior to seeing the judge?

 

[RussCan]

Msafiri, I struggle to see how obtaining an entry visa to the US can help her sneak into Canada?! An tourist visa to the US does not grant a visaless entry to Canada only the Green Card does.

 

[mike124]

Dear sir

she can apply for renewal for pr card and send an application as she
was in canada for 2 years