Msafiri said:
Bill C-43 section on relinquishment is active by adding IRPA 46 (1)(e) but it refers to an Officer accepting the relinquishment. To cover the legal position it seems the PR still should default to OB505 which requires a residency determination. IMHO I think the Bill C-43 amendment seems to better cover a Port of Entry relinquishment which saves the Officer time reviewing your RO.
You need to submit a PRTD application and include in this a letter stating you agree to breaching the RO and waiving all appeal rights. Include your PR Card, SIN and Provincial Health Cards.
But why give up your PR. If you have a valid PR Card just travel back to Canada. If you don't have a valid PR card then depending on the passport you hold you can re-enter Canada via airline (if visitor visa exempt) or via a land border (not visit visa exempt) with your COPR and expired PR Card. You may get admitted without being reported. If this happens then once in Canada avoid CIC/CBSA for 2 years which brings your PR back in good standing..avoid any legal issue too with the police.
You may give up your PR and not succeed with the FSW!
Hello! Thanks for your post and help!!! This is not an option for us sneaking in and hoping they wont noticed anything. There are risks envolved we dont want to take. We dont know what they know.
I found a post about a person who faced the same problem as we are. please read below:
The original eamil I received is as follow. Could you please check for me, is my understanding right? what should I do next?
Thank you so much!
Dear
This refers to your application for a Canadian Permanent Resident Visa. Our records indicate that you are a permanent resident of Canada. A determination of your permanent resident status is required before our office may proceed with your Permanent Resident Visa application. In order to do so, you must review the attached documents and select the scenario that best applies to your situation.
Please find the attached documents for your review and completion:
i. PRTD instructions, scenarios and checklist;
ii. Application for a Travel Document (IMM5524E);
iii. Consent to Decision on Residency Obligation and Waiver of Appeal Rights per A46(1)(b)
iv. Voluntary Relinquishment of Permanent Status/Residency Obligation Met (IMM5539B).
Step 1
Review the PRTD instructions, scenarios and checklist form to determine which scenario best applies to your situation. Be sure to follow the instructions and checklist to ensure that you submit all required documentation.
Step 2
Be sure to fully complete all required forms, as outlined in the checklist. This includes signing all documents as required. Please note that for applicants who are minors, it is the guardian's responsibility (usually the parents) to determine what is in the best interest of the child and to decide accordingly. All documents must be signed by the applicant or guardians (if the applicant is under 18 years old) prior to submission.
Step 3
Include a copy of this message with your documents and submit them to our office by mail/courier. You must submit ALL YOUR PASSPORTS covering the period from when you first landed in Canada until present.
Due to the volume of requests, our office is unable to provide individual assistance in completing application forms. Applicants should respond to all questions to the best of their ability and provide a separate explanation where appropriate. Our application kits list which documents are required. The applicant should complete all parts of the application and provide all requested documents. Applications which are not fully completed or do not enclose required documents will normally be withdrawn or refused.
Please submit the requested documents and information within 30 days of the date of transmission of this email. If you require further time, please contact us as soon as possible with an explanation for any requested extensions.
Our office cannot provide applicants with individual guidance; this is to ensure that all applicants receive consistent advice.
Yours sincerely,
Visa and Immigration Section
and this response
Hi, Msafiri
I got reply from CIC, please read the reply below:
Dear Sir/Madam,
Please fill out the following forms and return them to our office via email as scanned attachments, clearly showing your original signatures:
- Consent & Waiver Declaration - Relinquishment;
- Application for a Travel Document PR Abroad - IMM5524E ("PRTD").
Please do not submit any fees, as the relinquishment process is fee exempt.
Upon receipt of your submissions, we will assess your prior permanent resident status according to the information you provide and record it in our system. If you do not meet residency requirements under Section 28 of the Immigration & Refugee Protection Act, we will issue you a refusal letter. As soon as your PRTD refusal and relinquishment status are finalized, we will resume processing of your current permanent residence application.
As always, please be sure to provide your file number (and UCI if available).
Thank you for your cooperation and understanding.
From what I understand we can just apply under the FSW Programm now and
a) attach the required forms with a letter to our application or
b) just apply and wait for their response
SEndung an application to Vienne (our case) pay fees for that we dont need to pay and then sent our FSW application to Nova Scotia does not make sense.
It all needs to be together. We dont have enough time since the caps will be filled quickly
