Canadian Residency Obligations

[canuck1900]

What would constitute as evidence? Sorry to seem very simple and or daft but i am keen to now get this underway.

Kind regards

Ps thanks again to all who have been kind to help through all these questions

 

[canuck_in_uk]

What would constitute as evidence? Sorry to seem very simple and or daft but i am keen to now get this underway.

Joint lease/property/mortgage, joint bank and credit card statements, mail at the same address, utilities in both names, photos together as a family, travel tickets and itineraries, matching passport stamps from trips, letters from friends and family etc. Basically, anything that shows you were together while you were outside Canada.

 

[canuck1900]

Ok last question - if at the embassy or immigrtion folk at the embassy say that the PR status has been revoked - even though I have not signed anything etc - how would one appeal is there a dept or agency to go to? Or must I seek a immigration lawyer to fight my case?

Please understand I am not doubting the wonderful posts but rather just being prepared.

Once again thank you all for helping me thought the questions

 

[canuck1900]

Sorry one last question to add to the above - is there a time limit to appeal if they have indeed revoked the PR status.

 

[Leon]

Sorry one last question to add to the above - is there a time limit to appeal if they have indeed revoked the PR status.

Yes, if they had reported you on entry, you should have gotten some paperwork and you should have been informed that you have 30 days to appeal for your PR. It doesn't sound like that was the case. Sometimes immigration officers will say things like that with no basis but if you weren't actually reported, you still have your PR status.

 

[canuck1900]

Hi Leon - the women said you have been "warned" and said that it was notes by her on the customs and immigration computer ( that I was aware).

To be honest I am not sure what this really meant ?

 

[scylla]

Hi Leon - the women said you have been "warned" and said that it was notes by her on the customs and immigration computer ( that I was aware).

To be honest I am not sure what this really meant ?

It means you weren't officially reported and still have your PR status.

 

[Msafiri]

canuck1900,

Other than being deceased a PR holder will lose this status upon:

1. Becoming inadmissible
2. Voluntary relinquishment
3. Grant of Canadian Citizenship

When you breach the Residence Obligation you become inadmissible and are reported by CBSA/ CIC which is the start of formal proceedings to revoke your PR. Canada has due process so you have to be handed paperwork and a procedure must be followed to include issuance of the report and your right to appeal. The warning from the CBSA agent was just a verbal heads up that your PR status is potentially at risk. Your mention of a Citizen spouse saved the day as she seemed to want to report you...she must have seen the citizen relationship on her system if you were sponsored.

You got pulled because you don't have a PR Card. You landed prior to the current immigration act which was effective June 28, 2002 so you presumably got a landed document that was stapled to your UK passport. Being visitor visa exempt you probably have been travelling to Canada without any issues until this entry. Get a PR Card is the message...check the CIC website for the application form with guide detailing required supporting documents. The accompanying a citizen spouse pass on the RO is a target for immigration reform at some point in time...its a ludicrous situation where a PR can be absent from Canada for multiple years but waltz into Canada at their whim so check the laws on a more regular basis than you have.

 

[canuck1900]

thanks for the great news = What once was lost is now found!

So Glad i do not need to go through the whole process again..

 

[canuck1900]

Hi all

I am in need of further help with the below question:
I am currently applying for my first PR card all in relation to the above line of conversation with regards to loss of PR status.

I was wondering if anyone could help explain a few fine details of this threat in relation to question 19 on the Application on the PR card application form.

Question 19

Check the box that identifies whether or not a Citizenship and Immigration Canada officer or a Canadian Border Service Agency officer has ever issued you a Report Under Subsection 44(1) or has made the decision that you have not met the residency obligations required of Canadian permanent residents. You must select either Yes or No.

can anyone clarify this question, as when i entered Canada i was advised " that I have lost my PR status and would need to re-apply, I advised her that I had been living outside of Canada with my Canadian Husband and she advised that it does not matter, No paper work signed, no documents given just a verbal conversation and she advised that the acknowledgement was logged onto the immigration database.

so I was about to place a Yes in the box but not sure if this falls under the "Report Under Subsection 44(1)"

Does this make sense? please can anyone provide inside advice?

 

[PMM]

HI

Hi all

I am in need of further help with the below question:
I am currently applying for my first PR card all in relation to the above line of conversation with regards to loss of PR status.

I was wondering if anyone could help explain a few fine details of this threat in relation to question 19 on the Application on the PR card application form.

Question 19

Check the box that identifies whether or not a Citizenship and Immigration Canada officer or a Canadian Border Service Agency officer has ever issued you a Report Under Subsection 44(1) or has made the decision that you have not met the residency obligations required of Canadian permanent residents. You must select either Yes or No.

can anyone clarify this question, as when i entered Canada i was advised " that I have lost my PR status and would need to re-apply, I advised her that I had been living outside of Canada with my Canadian Husband and she advised that it does not matter, No paper work signed, no documents given just a verbal conversation and she advised that the acknowledgement was logged onto the immigration database.

so I was about to place a Yes in the box but not sure if this falls under the "Report Under Subsection 44(1)"

Does this make sense? please can anyone provide inside advice?

If you were reported, you would have received a copy of the report and been referred to the IAD for the appeal, so the answer is No.

 

[canuck1900]

Hi PPM,

Would they have sent anything in the mail - maybe to a very old address etc and i missed it in the mail or such ??

Kind regards

 

[canuck1900]

Hey one more question,

I am living in the UK and the PR Card application states that they send to Canadian addresses only, Yikes...

Should I go to Canada and apply for the PR Card while there. or have the PR Card directed to my in-laws address even though we are not physically..( allin relation to the above) I am on a UK passport and can freely travel to Canada ( do i need a travel document?)

please any advice? this PR process seems to be getting more complicated as i go.

cheers

 

[Leon]

Hey one more question,

I am living in the UK and the PR Card application states that they send to Canadian addresses only, Yikes...

Should I go to Canada and apply for the PR Card while there. or have the PR Card directed to my in-laws address even though we are not physically..( allin relation to the above) I am on a UK passport and can freely travel to Canada ( do i need a travel document?)

please any advice? this PR process seems to be getting more complicated as i go.

cheers

Complete the application giving your in-laws address. Mail it to your in-laws and ask them to mail it in to CIC. This is because a PR card application must originate within Canada, however, you can not be flat out refused if you aren't in Canada yourself.

Write a cover letter for the application stating that you are currently not living in Canada but your in-laws are providing a secure mailing address for you. You will probably be requested to pick up the PR card in person in which case, you travel to Canada on your UK passport and when you arrive at immigration, you show them the letter you got to pick up your PR card and your expired card too.

 

[canuck1900]

Thanks Leon for the advice

What about the authorization to travel document ( which one can apply for outside of canada) is this recommended to Not really needed?

Cheers