How to enter Canada while appeal of a removal order is in process
- Thread starter Gba
- Start date
Msafiri
Hello Sir
Please first what do you mean by US GC?
Second in my case I am not in Canada, my hearing will be scheduled soon and my PR card expired few days ago so what are my chances of getting a PRTD if I show them a letter of a scheduled hearing ?
Or is that better to go through a U.S. border? And are there any chancres that CBSA might refuse to let me in through the canadian border with an expired PR card even i show them the scheduled hearing letter?
Please URGENTLY WAITING FOR YOUR RESPONSE
thank you very much
Hello Sir
Please first what do you mean by US GC?
Second in my case I am not in Canada, my hearing will be scheduled soon and my PR card expired few days ago so what are my chances of getting a PRTD if I show them a letter of a scheduled hearing ?
Or is that better to go through a U.S. border? And are there any chancres that CBSA might refuse to let me in through the canadian border with an expired PR card even i show them the scheduled hearing letter?
Please URGENTLY WAITING FOR YOUR RESPONSE
thank you very much
1. US GC = US Green Card issued to US Permanent residents.
2. Could you detail what happened and where you are with the appeal.
3. Its your constitutional right to enter Canada as a PR even if under report so if you make it to the border you will get in. As long as you have proof of submitting the appeal in time you are good to enter.
2. Could you detail what happened and where you are with the appeal.
3. Its your constitutional right to enter Canada as a PR even if under report so if you make it to the border you will get in. As long as you have proof of submitting the appeal in time you are good to enter.
Hello sirMsafiri said:
They asked me for documents that might back up my case and I provided them with all the necessary papers. But till now I did not hear anything from them. The last time was about 20 days ago.
But would they accept in the embassy to give me a travel document in order to go back to Canada and attend my hearing once it is scheduled? Or I have to enter through the American border? And would they let me in this case? I mean if I have the appeal invitation?
Thank you I would appreciate your response
Hello Msafari ,
I read all of your reply for this topic ( how to enter Canada while appeal of a removal order in process). I find your reply is very helpful. If I have chance read them two days before, I would not have paid two hundred dollar for a immigration lawyer consultancy. For that, Thanks a million !
In my case, I applied PR Card renewal Apr 2014 and it seems in process since then. During that period, I entered ( with a Chinese passport and US visa) Canada through US Broader 5 times without issue. As you stated, I was normally be called in the custom and be verified I have an in progress application, and they would let me enter. Sept 16, while I enter to Pacific Highway POE, the CBSA officer made a mistake : he said my PR Renewal Case was closed due to I had not supplied requested information. ( Later with CIC's call center help, I figured out the CBSA might check a Travel Document application filed on Aug 2014 and withdrawed Feb 2015 due to I had to get my passport back to travel). After 9.5 hours in custom office, and two interviews which I did not know what it was for, I was given a removal order. The superintendent explained to me about the appeal etc.
Having consulted with immigration officer, I handed in the appeal to IAD office in Vancouver. I also handed a IAD receipted copy to CBSA office in the same building on 7th floor.
My question is how can I get my one year valid PR card ? does my previous application grand me a new PR card with one year validation or shall I reapply ? Thanks for your time and helping again!
I read all of your reply for this topic ( how to enter Canada while appeal of a removal order in process). I find your reply is very helpful. If I have chance read them two days before, I would not have paid two hundred dollar for a immigration lawyer consultancy. For that, Thanks a million !
In my case, I applied PR Card renewal Apr 2014 and it seems in process since then. During that period, I entered ( with a Chinese passport and US visa) Canada through US Broader 5 times without issue. As you stated, I was normally be called in the custom and be verified I have an in progress application, and they would let me enter. Sept 16, while I enter to Pacific Highway POE, the CBSA officer made a mistake : he said my PR Renewal Case was closed due to I had not supplied requested information. ( Later with CIC's call center help, I figured out the CBSA might check a Travel Document application filed on Aug 2014 and withdrawed Feb 2015 due to I had to get my passport back to travel). After 9.5 hours in custom office, and two interviews which I did not know what it was for, I was given a removal order. The superintendent explained to me about the appeal etc.
Having consulted with immigration officer, I handed in the appeal to IAD office in Vancouver. I also handed a IAD receipted copy to CBSA office in the same building on 7th floor.
My question is how can I get my one year valid PR card ? does my previous application grand me a new PR card with one year validation or shall I reapply ? Thanks for your time and helping again!
Hi cpoon
I always thought that PR Travel Document is issued quickly but you have stated that you had to cancel your PRTD application as it seems to take longer than 4 months. The reason I am asking this is my PR Card application has been approved and I am scheduled to pick it up in about 2 weeks. I however had to leave next week and I was told to apply for a Travel Document to come back to Canada to pick up my card. I intend to return to Canada in about 4 weeks after departure so my options are
1) Apply for a PRTD at the overseas office and return to Canada OR
2) Return to Canada and show CBSA officer the PR Card collection letter from CIC.
Any views from expert members are also welcome
I originally intended to apply for the PRTD but after reading cpoon's long delay in getting the PRTD I might have to review my options
Fred
I always thought that PR Travel Document is issued quickly but you have stated that you had to cancel your PRTD application as it seems to take longer than 4 months. The reason I am asking this is my PR Card application has been approved and I am scheduled to pick it up in about 2 weeks. I however had to leave next week and I was told to apply for a Travel Document to come back to Canada to pick up my card. I intend to return to Canada in about 4 weeks after departure so my options are
1) Apply for a PRTD at the overseas office and return to Canada OR
2) Return to Canada and show CBSA officer the PR Card collection letter from CIC.
Any views from expert members are also welcome
I originally intended to apply for the PRTD but after reading cpoon's long delay in getting the PRTD I might have to review my options
Fred
Re-apply for a new PR Card and include in a copy of the appeal to the IAD.cpoon said:
However getting the PR Card is the lesser of your problems. It seems you applied for a PR Card renewal in April 2014 but did not have the necessary days to meet the RO. Your PR Card renewal has taken a long time for this reason and presumably CIC have requested various documents from you. Did you get any CIC correspondence? Does CIC have your correct address at all times? They may have sent a request for passport copies or even a residence questionnaire. You continued to travel in and out of Canada but in the process during one re-entry it transpired that your PR Card renewal application was closed on the basis you abandoned it. At the same time CBSA checked on your RO and found you to be in breach. You were reported and issued a removal order.
This shows the risk of not understanding or ignoring the RO window as being a 5 year rolling window. The delayed PR Card renewal should have been a huge warning flag for you. The multiple travels in the end flagged you up to CBSA and CIC. What was the reason for your absences? Do you agree that you are in breach of the RO - having 730 of physical presence in the 5 years prior to any examination. Admission at a POE is an 'examination'!
Who is they? The visa post or IAD? You can be issued a PRTD to attend the appeal hearing if you have been in Canada at least once in the 365 days prior to the PRTD refusal notice. If you don't meet this condition then you can request the IAD to direct visa post issue a PRTD if you can show your in person attendance at the appeal is in the interests of justice and/or if CIC consents. From case law you don't have to be in Canada for the appeal and CIC never consent so the chances of getting a PRTD are practically none. Try the US entry if you want a guaranteed in person appearance at the appeal.KITTI said:
Hello Msafiri
While enetering Montreal airport, the CSBA officer issued me a removal order on september 2015 due to not being able to make the 2 years in 5years, although I have my very strong humanitarian reasons for that.
I have decided to send my appeal to Immigration appeal division ( Within onr month). I also received a confirmation of receipt of notice of appeal by IAD. I understand now that there will be a stay on my removal until the hearing.
Since my PR CARD expires Soon, i have sent the CIC to renew my PR. What I know is that they will issue a 1 year PR CARD, SO here i have 2 questions:
1- once the new 1 yr PR CARD issued, will it be mailed to me or will i be asked to get it in person ( as im not sure i will be canada at that time due to very sensitive personal reasons at that time).
2-if i have to receive it in person, while i m out of canada and my old pr already expired, can i ask the local visa office for a travel document while sending them the IAD letter of the stay of my appeal, will they issue me a travel document since im still a permanent resident waiting for my hearing.
Thanks for your valuable advise
While enetering Montreal airport, the CSBA officer issued me a removal order on september 2015 due to not being able to make the 2 years in 5years, although I have my very strong humanitarian reasons for that.
I have decided to send my appeal to Immigration appeal division ( Within onr month). I also received a confirmation of receipt of notice of appeal by IAD. I understand now that there will be a stay on my removal until the hearing.
Since my PR CARD expires Soon, i have sent the CIC to renew my PR. What I know is that they will issue a 1 year PR CARD, SO here i have 2 questions:
1- once the new 1 yr PR CARD issued, will it be mailed to me or will i be asked to get it in person ( as im not sure i will be canada at that time due to very sensitive personal reasons at that time).
2-if i have to receive it in person, while i m out of canada and my old pr already expired, can i ask the local visa office for a travel document while sending them the IAD letter of the stay of my appeal, will they issue me a travel document since im still a permanent resident waiting for my hearing.
Thanks for your valuable advise
Hi again MsafiriMsafiri said:
A question, one of my friends had a similar situation as mine and he received a letter from CIC saying :" As you did appeal within the time period, you willbe issued a 1 year PR card.
Your application will be returned to the case processing centre in Sydney NS for processing"
Does it mean that they won't call him to attend a hearing anymore or what?
Thank you
The PR Card renewal application and the residence obligation appeal (to the IAD) are two different issues. One year PR Cards are issued by CIC when there is a report in place and an appeal in process. The IAD will separately send you a hearing date letter with schedule based on how busy they are. Your friend must keep IAD notified of this valid address and legal representative at all times so if any of this change then notify IAD in writing. You can also send in evidence to the IAD but this must also be provided to CIC. Unless CIC has made an obvious error in the day count then going it alone before the IAD without legal representation on H&C grounds is very risky.KITTI said:
1. CIC typically ask PRs who live abroad and apply for PR Card renewal to collect the card in person. This so they can verify declared travel dates by examining your passport stamps.Wadiek said:
2. The IRPA as I read it enables issuance of "attend appeal" PRTDs to those PRs who have an appeal on the basis of a residency determination made outside Canada (sec 63.4) and either were physically present in Canada at least once in the 365 days prior to the PRTD refusal or the IAD has directed the PR attend the appeal in person. In other words you can get an "attend appeal" PRTD if you were bounced a PRTD but you won't get an "attend appeal" PRTD if you were reported at the border as you were. Get a second opinion from your legal representative but you may get stuck outside Canada. Your are thus limited to waiting for the one year validity PR Card, having the PR Card couriered if not required in person for pick up or US/Canada land border entry. As a side issue leaving Canada after being reported is a plain bad idea. You should stay in Canada and try be productive (get a job) as this is considered a positive factor at the appeal hearing. Where your appeal is at the margins this could just swing things in your favour!
Dear Msafiri,Msafiri said:
my aunty got PR in 1992 and she has completed more then 1200 days in canada. but then her husband force her to go back to Malaysia with him and she left in 1995 with her Canadian born son. within this time period she tried to go back with her Canadian son but she got caught by her husband and he burned her all documents and passport. that is why she got scared and did not tried to go back now her son is 24 year old and want to go Canada first time with his mom but now when she tried to get her PR back then as obvious reasons she got refused and she tried on H&C grounds too but Visa office tell her to go for appeal. still she did not appeal and her one month is still there.
now she is too much in trouble. please help her and give any option that she can go with her son.
1. Your aunt's situation is beyond the scope of this forum and she should seek competent legal advice e.g the owner of this forum. An appeal on H&C grounds which is the only option (since she clearly doesn't have 730 days) will be a hard sell as she has to explain a 20 year absence from Canada which exceeds her 1200 days (slightly over 3 years) by over a multiple of 6. However the courts will review all the facts of the case including the stated domestic issues and on the day you just never know. She has 60 days from the date she was notified of the refusal to appeal the refusal of the PRTD. If she does not appeal in this time she will lose her PR on day 61. Until the appeal is decided she is a PR. Many PRs submit the appeal and follow up with supporting documentation afterwards.raka1 said:
2. Her only option to return to Canada subject to an in time appeal is to get a US visa and enter via a land border with private vehicle or on foot. She will likely get held up at the border if she has no landing documents or any proof of her previous presence in Canada. She will be admitted but may have to return to a local CIC Office for the PR status to be confirmed. She then has anywhere between 1-4 years for the appeal to be decided. In this time she can work, study etc but she should expect difficulty in dealing with bureaucratic process that insist on a valid PR Card for proof of status e.g applying for Provincial Health Coverage. She can apply and get a one year validity PR Card.
3. Other option is for the son to return to Canada and sponsor the mother either initially on a super visa (visitors) or for PR under the Parents/ Grandparents scheme. Both especially the latter have income requirements. The P/G scheme has quotas but Canada effective Oct 19, 2015 has a new Party in Power that has committed to doubling this. Given the income requirements the P&G option is some time away. Both options can be considered during the appeal. The appeal effectively guarantees entry into Canada. The options can still be pursued even if she decides not to appeal but then future re-entry into Canada would depend on meeting the qualifying criteria including being a bona fide visitor how will temporarily visit Canada then return home which is seems she won't be.
4. Your legal advisor will evaluate all options with you based on how you can deal with uncertainty and stresses vis a vis your desired short and long term plans whether only a visit is needed or long term residence is required.
Good luck