How to enter Canada while appeal of a removal order is in process

[Gba]

I applied for citizenship in 2010. At the time I fully met the residence obligation. The citizenship process has dragged on for four years. I no longer live in Canada on a permanent basis and no longer meet the RO, although I return frequently, I own property in Canada, i pay income taxes in Canada (on a US pension), I have bank accounts, credit cards, a residential address and ties in Canada that deem me a PR for tax purposes. My PR card expires in late 2015. The last time I enterred Canada my situation was pbserved and was given a removal order because I no longet meet the RO. As a retiree, I am financially self-sufficient, travel extensively throughout Latin America and currently reside in Argentina where I have family, a second home and PR status as well. The idea is/was to return to Canada on a permanent basis once I granted citizenship ( now in suspense as a result of the removal order). Due to my special circumstances, financial ties, taxes, etc., I was encouraged by the Immigration officer at the airport to appeal and leave Canada within 30 days to avoid deportation, which I did. My questions are:

Do I need to renounce or relinquish my PR status and the appeal and apply for a tourist visa to be able to return to Canada, or
Should I apply for a travel doc even though I no lo ger meet the RO?

 

[CanV]

Re: How to enter Canada while appeal of a removal,order is on process

I applied for citizenship in 2010. At the time I fully met the residence obligation. The citizenship process has dragged on for four years. I no longer live in Canada on a permanent basis and no longer meet the RO, although I return frequently, I own property in Canada, i pay income taxes in Canada (on a US pension), I have bank accounts, credit cards, a residential address and ties in Canada that deem me a PR for tax purposes. My PR card expires in late 2015. The last time I enterred Canada my situation was pbserved and was given a removal order because I no longet meet the RO. As a retiree, I am financially self-sufficient, travel extensively throughout Latin America and currently reside in Argentina where I have family, a second home and PR status as well. The idea is/was to return to Canada on a permanent basis once I granted citizenship ( now in suspense as a result of the removal order). Due to my special circumstances, financial ties, taxes, etc., I was encouraged by the Immigration officer at the airport to appeal and leave Canada within 30 days to avoid deportation, which I did. My questions are:

Do I need to renounce or relinquish my PR status and the appeal and apply for a tourist visa to be able to return to Canada, or
Should I apply for a travel doc even though I no lo ger meet the RO?

This is confusing. You either stay to appeal or you leave. You dont appeal and leave. You do the appealing in person, your case must be heard to determine if you can maintain your PR status. If the result is negative, then you will be given time to leave.

If you still have your valid PR card with you then fly back to complete the appeal process. Based on your circumstances, I believe you have a good chance of maintaining your PR status.

But then you mentioned you were given a removal order? Please give more accurate info in order for us to help if we could.

 

[Gba]

Re: How to enter Canada while appeal of a removal,order is on process

I'm just as confused.

1. Iwas issed a removal order and based on my circumstances was encouraged to appeal within 30 days and told to leave Canada before the 30 days to avoid deportation. i was also told to report to Immigration after checking in for my retirn flight to make sure my departure (date, time, flight) was recorded. I did that.

2. The day after my arrival I attended an interview with CIC for my citizenship - the processing period had been completed and because of my age did not require examination. I presented the new circumstances, i.e., the removal order issued the previous day, and was told that as a consequence of the RO my application would be put on hold.

3. I mailed the appeal to the IAD office in Vancouver as instructed by the Immigration officer at the Calgary Airport. Yesterday, I received a letter mailed to my address in Argentina acknowledging receipt of my appeal, including general information on the appeal process. From what I understand the appeal process could take months or even years before a hearing is scheduled.

4. The Immigration officer that issued the RO indicated that once they acknowledge the appeal there is an automatic stay on the removal order. This does not appear in the letter I received. I have plans to return to Canada in Dec, assuming there is a stay on the removal order... what and how ... Do I enter with my PR card, do I relinquish my PR status and enter with a tourist visa? I no longer qualify for a TD ...

 

[SenoritaBella]

You have appealed the decision to revoke your PR status, so you remain a permanent resident until a decision is made on the appeal. You do not have to relinquish your status.

For future reference, always consult an immigration lawyer before acting on advice provided by immigration officers.

In my humble opinion, there appears to be some conflict of interest between an immigration officer's job and providing any type of legal advice. It's akin to a lawyer in a law firm trying to help you file a lawsuit against the same firm.

 

[Msafiri]

Gba,

1. When a PR is reported under Sec 44 for breaching the RO they are issued a type of removal order known as a departure order (Form IMM5238). You have a right of appeal within 30 days of the report which 'stays' (pauses) the departure order. If you don't appeal the report then you must leave Canada in 30 days. If after 30 days you stay in Canada without appeal then the departure order becomes a deportation order. You don't want to get a deportation order...if you do then returning to Canada will be a long drawn process requiring authorization.

2. You did not have to leave Canada once you appealed within the 30 days. If you don't appeal in 30 days but leave then you need to let CBSA know you departed Canada hence you reporting your exit to them at the airport or other POE. This way the departure order doesn't become a deportation order.

3. Eventually there will be a hearing before the IAD to decide if (i) the sec 44 report is correct in law which it seems to be and (ii) if there are any Humanitarian and Compassionate grounds for the RO breach. Case law has H&C grounds narrowed down to unexpected non lifestyle reasons e.g you got in a serious accident and were in hospital for say 6 months. In contrast working in say Dubai because of 6 figure annual income doesn't cut it.

4. IAD can rule for you or for CIC. Whomever loses can appeal to the FC on a point of law. If you lose and don't appeal then you have to leave Canada in 30 days of being notified of the decision. If you do not then the 'styaed' departure order becomes a deportation order.

5. FC can decide not to list the case for hearing or to list the case for hearing. If the former then whomever appealed loses so either you are a PR or end of your PR. If the latter and you are the appellant it will decide if IAD decision was correct or incorrect. FC decision is final and will be IAD correct, IAD not correct review case again, IAD not correct you are a PR end of. You then get another 30 days to leave Canada. If you don't then the stayed departure order becomes a deportation order.

6. Until 5 above you are a PR so can apply for PR Card (only issued with 1 year validity each time). If you are a USC you don't need a PR Card...just show up at the border and Secondary Inspection (you will get sent here each time) will deal with you. It may be a pain but they have to let you in. If you are not a USC or otherwise can't get to the US/Canada land border then you are SOL since you need a PRTD and no visa post will issue you one while on report with one exception. Exception is where directed by IAD that you attend appeal hearings in person. Only time this will happen is if you've been on Canadian soil at least once in the 365 days prior to the report. Steps 4 and 6 (hearings) may take 12-18 months each depending on how busy the courts are in the province you last resided in.

7. Your main problem now is actually justifying your RO breach. You haven't continued living in Canada post citizenship application (aka applying on the way to the airport) and even post report. Had you resumed living in Canada then it would be a positive factor for consideration at appeal. You have tax ties to Canada but usually these are not enough....your Argentinian PR is not in your favor. Political sentiment and FC sentiment to include citizenship new legislation is all about physical presence in Canada including an intent to reside in Canada. Once you oath the constitution protects your mobility rights as a citizen...till then you have to stay within the law...you didn't and a slow citizenship process caught you out.

8. One of the pre-requisites for citizenship is PR status without any issues read no report. So if the courts revoke your PR then your citizenship application is moot. New Citizenship Act enacted this year mandates and increases the physical presence days required including a tax related duration. You may wish to review Bill C-24 in the citizenship section for more detail in case you have to re-apply.

I will add to a comment above that you should always seek legal advice when you get refused an immigration related benefit. You ought to do the same now to weigh up the merits and practicality of your appeal. It doesn't look good but good luck!

 

[Gba]

At this point I would rather voluntarily relinquish my PR status and continue to visit Canada as a tourist. Is that still possible or have I become some sort of a criminal in Canada for not meeting the PR bligation? This may have a number of tax implications (Canada's loss) which I am sure I can sort out. How do I go about renouncing or relinquishing (not sure if they are the same)? Is there a formal process? I need/hope to enter Canada in Dec and again in Feb. Can I request a tourist visa? What about the appeal, how do I stop the appeal? I see your point about my mistake having followed the suggestions of the Immigration Officer. He gave me his card, phone number email address ... never responded. I helped him with his quota for the month. Thanks so much for your insight.
G

 

[Msafiri]

1. Voluntary relinquishment is only viable when there hasn't been a sec 44 report.

2. Write to the IAD with copy to CIC via some sort of method where there is proof of delivery or alternatively fax withdrawing the appeal which defacto is acceptance of the sec 44 report and loss of PR status. Wait for IAD to write back confirming withdrawal of appeal.

3. You have not committed a criminal act by breaching the RO. It has just made you inadmissible as a PR. There are other grounds of inadmissibility such as having criminal convictions.

4. Once your PR status is formally lost then next time you enter Canada you will be treated like any other visitor seeking temporary admission. So depending on the CBSA agent you may or may not get admitted. For this reason some PRs keep their appeal going just to guarantee entry into Canada for say another 2 years. If you are visitor visa exempt there is less incentive to do this. Probably best to carry proof of your previous exit from Canada after report to show you left before 30 days were up.

5. Despite loss of PR you may continue to be a resident for tax purposes especially as you have residential ties. You need to contact CRA (there is an international tax section in Ottawa) for guidance or see a tax consultant e,g whomever files taxes for you for advice.

6. Once PR loss finalized your provincial health coverage is also moot. Same issue with your DL. Best to give those up too next time you are in Canada. Go to the relevant registry they will guide you. So make sure you get good travel insurance for your trips to Canada.

7. Out of interest why the lengthy citizenship processing time? Were you issued an RQ? That should have been a warning sign that this was going to take time.

 

[Gba]

Yes, now that you mention it, I did receive a RQ on Nov. 2012. I submitted passport and visa information as well as proof of property in Canada puchases/sales. My impression was that the process was still alive after two years. Otherwise, I would have relinquished my PR status earlier.

Almost two years later, Sep. 2014 I received a notice to appear and write a citizenship test and for verification of identity documents. That letter started by saying ..."we are pleased to inform you that you have reached the next stage of your application for Canadian Citizenship ... The letter also mentioned that if I was 55 or older I would nost be required to take the test or demonstrate knowledge of English or French." I attended the COC onterview the day after I was issued the Removal Order. The COC officer was quite surprised when I showed her the removal report issued the day before. She had just finishedmentionin that I missed a stamp on my passport but still qualified for the RO ... and with the new facts confirmed that the removal order and my appeal would put my application in suspense. My impression was that CIC was ready to grant me citizenship then and there.

Today I sent an email to the Embassy in Argentina requesting information on how to relinquish my PR status, my citizenship application, the appeal and my interest in applying for a tourist visa. Exhausted! I hope to be able to get this moving quickly.

 

[Msafiri]

1. The embassy will either not bother with a reply, reply with a meaningless response or reply with a 'submit a PRTD application. You are under report and you have appealed. The only way to resolve this is to withdraw the appeal. The correct way to withdraw the appeal is to write to the IAD. Alternatively don't show up to your appeal hearing but why waste resource and be scheduled for a hearing that could go to someone else?

2. Does your passport allow you to enter Canada without applying for a visitor visa in advance? If it does then after you withdraw your appeal and IAD confirms the case closed fly to Canada and seek admission. If your passport requires a visitor visa for Canada then apply for one at the embassy. The visa post will not issue you a visitor visa while your appeal is pending.

3. You may be better off withdrawing the appeal after your forthcoming visit in Dec 2014 as you will be admitted into Canada...remember you are a PR until appeal resolved be it through you by way of withdrawal/ abandonment or rejected by the courts. This give you more time too to make arrangements for your tax situation and assets if you wish to completely severe any residential ties in Canada and remove yourself from CRA territory.

 

[Gba]

I either enter with my PR card which does not expire until Nov 2015 or I need a visa. If I don't meet the RO an application for a PRTD would be rejected, unless I'm called for a hearing... my assumption. I have a Bolivian passport (born in US, diplomatic parent at the time, hence not a US citizen). While the appeal runs its course there is a stay on the removal order, is that correct? If I fly into a different POE, e.g., Toronto, I might have a smoother entry. I sent an emal to the embassy yesterday summarizing the situation. I haven't heard back from them and suspect I will receive something along the lines you mention. I probably wouldn't sever ties with Canada, I hold on to the possibilty of changing my status to a visitor. Yes, I need to take care of my property, finances, taxes, medical and DL given the new circumstances. I have the acknowledgement of receipt of my appeal from IAD, I also have proof of my exit from Canada after the Removal Order.

 

[Msafiri]

1. You can use your current PR Card to enter Canada during its validity subject to an ongoing appeal.

2. If your current PR Card expires prior to the appeal being finalized you can apply for another PR Card...CIC may drag out the renewal process by issuing an RQ etc.

3. You have nothing to lose by going to the appeal. Maybe IAD will consider your reasons for being absent from Canada. You not living in Canada even post report isn't doing your appeal any good...you should move back to Canada and re-establish residence as this will be a consideration in the appeal. One query if I may - have you for any of the absence been accompanying a Canadian Citizen abroad. If yes then the accompanying absence is disregarded for PR RO examination. Exemptions also in place for being assigned on a full time basis overseas by a bona fide Canadian company after being hired in Canada first.

4. US born children to diplomatic personnel on the protocol list are not under US Jurisdiction as per the 14th Amendment so correct that you are not a USC. However the US to its credit permits the child to obtain a green card/ LPR status upon application (USC CFR 8 refers) - caveat is that you have not abandoned US residence so maybe an issue if you left the US say as a minor and never returned. Did your parents ever look into this?

5. US LPRs don't currently need a visitor visa for Canada regardless of citizenship. Just show up at the border with your green card like any other visitor visa exempt national e.g France and CBSA will process you as a visitor taking into account purpose of visit and other factors as to if you are a bona fide tourist. So look into this in case the appeal doesn't work out.

 

[Gba]

My PR card expires Nov, 15. i curre tly live on Argentina and no longer meet the RO, received a Removal Order in Sep last year. I appealed and am waiting for a hearing. The appeal was received and acknowledged. I need to trVel to Calgary in Dec.2015 for 3 weeks and again in March.I still have a home there,mI pay taxes and go back at least 3-4 times a yr. i have returned to Canada 3 times since the removal order last year with my valid PR card and proof of the appeal. What happens with the appeal if myR card expires? Can I reqest a tourist visa ?

 

[Msafiri]

1. As a PR holding a non visitor visa exempt visa you won't be able to use a Commercial Transporter (typically airlines) to enter Canada once your PR Card expires.

2. Visa post will not issue you a PRTD as you are in breach of the RO. Visa post won't issue you a visitor visa as you are a PR. Get a US visa and enter Canada via a land border crossing as you don't need a valid PR Card or a PRTD. You either use a rental, private vehicle, taxi, bike or on foot nothing commercial so e.g no greyhound. Show your expired PR Card as proof of your PR situation to CBSA...they have everything on file. You could apply for a PR Card next time you are in Canada and get one valid for one year (PRs under report). CIC may make this drag out though but at least if you have a valid PR Card you skip the US part of trying to return to Canada.

3. Try out the US GC route from my previous threads it could be your only reliable method of future re-entry into Canada if you lose your PR status. Hoping to get a visit visa each time may become problematic! Have you considered what you would do if your visitor visa application to Canada got rejected? Your extensive ties to include residence/investments in Canada typically don't do you any favours (to include CRA liability) - a visitor really should have stronger ties outside Canada!!!

 

[Mimi2015]

1. As a PR holding a non visitor visa exempt visa you won't be able to use a Commercial Transporter (typically airlines) to enter Canada once your PR Card expires.

2. Visa post will not issue you a PRTD as you are in breach of the RO. Visa post won't issue you a visitor visa as you are a PR. Get a US visa and enter Canada via a land border crossing as you don't need a valid PR Card or a PRTD. You either use a rental, private vehicle, taxi, bike or on foot nothing commercial so e.g no greyhound. Show your expired PR Card as proof of your PR situation to CBSA...they have everything on file. You could apply for a PR Card next time you are in Canada and get one valid for one year (PRs under report). CIC may make this drag out though but at least if you have a valid PR Card you skip the US part of trying to return to Canada.
Hello sir I am almost in the same situation so what do you mean by US GC route?
Thank you

3. Try out the US GC route from my previous threads it could be your only reliable method of future re-entry into Canada if you lose your PR status. Hoping to get a visit visa each time may become problematic! Have you considered what you would do if your visitor visa application to Canada got rejected? Your extensive ties to include residence/investments in Canada typically don't do you any favours (to include CRA liability) - a visitor really should have stronger ties outside Canada!!!

 

[Msafiri]

Holder of US Green Cards do not need a visa to enter Canada regardless of nationality. This helps:

1. Visitors who hold a non visit visa exempt passport (e.g China) show up at the border without needing a TRV. This not only saves the TRV fees but you are more likely to enter Canada since their isn't a visa post reviewing your TRV in detail and seeing you don't make enough money, don't have a travel history, don't have ties or any other multitude of reasons be they subjective or objective that TRVs are denied.

2. Those PRs who hold a non visitor visa exempt passport (e.g China) to travel to Canada if their PR Card is expired but they are in breach of the RO. Being in breach of the RO means they can't apply for a PRTD or a PR Card.

The Original Poster has a route to being a US LPR (Lawful Permanent Resident) and so can qualify for a US GC. He intends to relinquish his Canadian PR/ cancel his appeal as he is under report and the chances of him wining the appeal appear to be non existent. He intends to continue visiting Canada thereafter and plans to apply for TRVs. For the reason in 1 its better to have a US GC than rely on TRV issuance.