My question is about an Appeal to the IAD against an expected IRPA s.44 report (for breaching the Residency Obligation) that I expect will be made against me when I arrive in Canada next month. I also am keen to know about the 1 year temporary PR card renewal waiting time in Canada.
I am a British citizen and a PR who has a card expired in 2011 more than 5 years ago, and I have 0 (zero) days in Canada in the past 5 years. Yes I am one of the very worst PRs when it comes to the R.O., but I have some considerable h&c grounds (looking after elderly mother as primary carer). I am considering returning to Canada based on a company that wants to hire me as a programmer, initially part time work based in Alberta, later on the hope is to be in Alberta full time. So I have the following strategy:
i) I arrive at airport in Canada and provide my h&c reasons for not meeting PR Residency Obligation
ii) examining officer(s) probably do not agree to allow me in without writing s.44 report for breaching IRPA Residency Obligation
iii) I appeal within 15 days in order to stay or "pause" the removal order as per instructions at: irb-cisr.gc.ca/Eng/res/form/Pages/IadSaiAppForm.aspx ("Notice of Appeal - Removal Order Appeal") at either Vancouver, Toronto or Montreal offices for the "Immigration and Refugee Board Immigration Appeal Division"
iv) in the mean time I remain PR while awaiting the hearing date from IAD
v) I immediately apply for a one year temporary PR card renewal using form IMM5444E confirming that I am "under s.44 report"
I would be grateful for advice on:
a) what is the typical wait time for an IAD removal order appeal hearing after submitting "Notice of Appeal - Removal Order Appeal"?
b) is there anecdotal examples of waiting times for the IAD removal order appeal hearing date in Vancouver vs. Toronto or Montreal? My preference is to submit my Notice of Appeal to the office with the biggest backlog and so the *longest" waiting time to get to the IAD hearing as I am guaranteed PR status until that time.
c) how long would it take to obtain a new one year PR card whilst waiting for the IAD hearing date? Should it be any longer than the waiting time for "normal" renewals where there is not a 44 report and as per the waiting times indicated at cic.gc.ca/english/information/times/ . In my case I have simple residency data of "0" days in Canada, and all 1095 days outside Canada so I am not sure an RQ would be needed. I would send in my expired PR card as part of the renewal application.
d) is there any urgent PR card renewal processing option for those inside Canada and who are under a s.44 report for breaching RO?
e) will the temporary one year PR card be sent to my Canadian address, or would I need to collect from a CIC Canada office, and is there a way to choose which office that would be? Do I need to maintain a Canadian address in case they decide to mail it to me, or can I also provide a Post Office Box number (i.e. receive mail at a PO Box without having a permanent residence in Canada)?
f) Do I need to wait until I receive a new temporary PR card to apply for a SIN? I have never had a SIN before.
g) After applying for PR card renewal under 44 report, can I leave Canada for a short time without any PR card and return without a PR card if I can show I have applied for renewal without needing a PRTD from the High Commission in London, assuming the eTA regime is still not mandatory?
My ideal scenario is that I want the IAD hearing date to be 2 (or more?) years into the future as I am not sure I have strong enough h&c grounds for winning the my appeal at the IAD. In the mean time I want to establish myself with the new employer in Alberta, informally and later formally when I have an SIN. Ideally I would like the new temporary 1 year PR card quickly so that I can get an SIN and get work in Canada whilst waiting for the IAD process to be over.
If I lose my IAD appeal, I plan return to Canada as a temporary worker on a work permit in future as a route back towards Permanent Residency. Unlike most people, I *do not* want an early date for the appeal hearing at the IAD, as I need time to establish myself with the new employer.
I know this is an unusual case, it is just that I believe that the best way to guarantee I can stay in Canada for the long term is to have an employer who wants to keep me. That way I can work myself back to PR status even I lose my appeal to the IAD for breach of the R.O.
Thanks for any guidance or advice!
I am a British citizen and a PR who has a card expired in 2011 more than 5 years ago, and I have 0 (zero) days in Canada in the past 5 years. Yes I am one of the very worst PRs when it comes to the R.O., but I have some considerable h&c grounds (looking after elderly mother as primary carer). I am considering returning to Canada based on a company that wants to hire me as a programmer, initially part time work based in Alberta, later on the hope is to be in Alberta full time. So I have the following strategy:
i) I arrive at airport in Canada and provide my h&c reasons for not meeting PR Residency Obligation
ii) examining officer(s) probably do not agree to allow me in without writing s.44 report for breaching IRPA Residency Obligation
iii) I appeal within 15 days in order to stay or "pause" the removal order as per instructions at: irb-cisr.gc.ca/Eng/res/form/Pages/IadSaiAppForm.aspx ("Notice of Appeal - Removal Order Appeal") at either Vancouver, Toronto or Montreal offices for the "Immigration and Refugee Board Immigration Appeal Division"
iv) in the mean time I remain PR while awaiting the hearing date from IAD
v) I immediately apply for a one year temporary PR card renewal using form IMM5444E confirming that I am "under s.44 report"
I would be grateful for advice on:
a) what is the typical wait time for an IAD removal order appeal hearing after submitting "Notice of Appeal - Removal Order Appeal"?
b) is there anecdotal examples of waiting times for the IAD removal order appeal hearing date in Vancouver vs. Toronto or Montreal? My preference is to submit my Notice of Appeal to the office with the biggest backlog and so the *longest" waiting time to get to the IAD hearing as I am guaranteed PR status until that time.
c) how long would it take to obtain a new one year PR card whilst waiting for the IAD hearing date? Should it be any longer than the waiting time for "normal" renewals where there is not a 44 report and as per the waiting times indicated at cic.gc.ca/english/information/times/ . In my case I have simple residency data of "0" days in Canada, and all 1095 days outside Canada so I am not sure an RQ would be needed. I would send in my expired PR card as part of the renewal application.
d) is there any urgent PR card renewal processing option for those inside Canada and who are under a s.44 report for breaching RO?
e) will the temporary one year PR card be sent to my Canadian address, or would I need to collect from a CIC Canada office, and is there a way to choose which office that would be? Do I need to maintain a Canadian address in case they decide to mail it to me, or can I also provide a Post Office Box number (i.e. receive mail at a PO Box without having a permanent residence in Canada)?
f) Do I need to wait until I receive a new temporary PR card to apply for a SIN? I have never had a SIN before.
g) After applying for PR card renewal under 44 report, can I leave Canada for a short time without any PR card and return without a PR card if I can show I have applied for renewal without needing a PRTD from the High Commission in London, assuming the eTA regime is still not mandatory?
My ideal scenario is that I want the IAD hearing date to be 2 (or more?) years into the future as I am not sure I have strong enough h&c grounds for winning the my appeal at the IAD. In the mean time I want to establish myself with the new employer in Alberta, informally and later formally when I have an SIN. Ideally I would like the new temporary 1 year PR card quickly so that I can get an SIN and get work in Canada whilst waiting for the IAD process to be over.
If I lose my IAD appeal, I plan return to Canada as a temporary worker on a work permit in future as a route back towards Permanent Residency. Unlike most people, I *do not* want an early date for the appeal hearing at the IAD, as I need time to establish myself with the new employer.
I know this is an unusual case, it is just that I believe that the best way to guarantee I can stay in Canada for the long term is to have an employer who wants to keep me. That way I can work myself back to PR status even I lose my appeal to the IAD for breach of the R.O.
Thanks for any guidance or advice!