Passed the citizenship test, but rejected because of RO issue

[Hady]

Dear all

My wife, my three kids (out of which one is Canadian 15 years old and one American 18 years old), and I immigrated to Canada (Quebec) in 2006. My wife and the kids stayed in Canada for three consecutive years (non-stop) while I kept going and coming. In 2009, they applied for citizenship and we left back home. We revisited Canada in 2011, I could not renew my PR due to RO issue, I had to do an interview in St. Antoine 1010, and then I send them an email stating that I will not continue in renewing my PR for the moment and they replied that I need to fill out a new application when I decide to. My wife and the kids were able to renew the PR but with difficulties and my wife had to do couple if interviews to verify that they were in Canada for 3 years. The reason behind this was two things: 1st at that time the government had imposed harsh scrutiny on immigrants AND 2nd our papers were with one of those consultants that were on the spot light.

I learned a lot from this forum, thank you for the valuable information; I know that I can cross the border for a second chance.

The citizenship took much more than expected, and my wife went in 2014 for an interview but was reported at the airport and she appealed. In May 2015 she passed the citizenship test, but they told her that she has RO issue and she can not get the citizenship (along with the kids that are now 19 and 18). Her PR expires on July 2016 and the kids PRs expire on December 2016. We’ve been waiting for the hearing since 2014.

It would be highly appreciated if you can guide me on the below:
• What’s the best option now knowing that all of us are outside Canada since we are afraid to leave everything and move to Canada but had to leave again if the hearing decision is negative
• My eldest son has just finished first year University, if he goes to Canada and made it with been reported or even if got reported and he appealed, will he be treated as international student or as a PR?
• What’s should we do, especially that the family stayed in Canada for 3 years and applied for citizenship BUT the process took more than usual and by the time she got the test she had been away for 3 years.

Sorry for the long explanation, but I wanted to provide as much as information as possible .

Many thanks
Hady

 

[Bs65]

You should have if not already ASAP consulted a good immigration lawyer, not sure a public forum can give you anything but informal feedback which could be right or wrong from people who act as experts but your case is pretty complicated and needs professional advice.

Current citizenship requirement which i expect you know is 4 years although there is a bill being discussed to bring to 3 years not yet law.

 

[Hady]

Hi Bs65

Many thanks for your quick feedback.
Does any one have more thoughts on this? Does anyone recommend a good lawyer in Quebec?

Many thanks

 

[dpenabill]

I concur in the observation that professional legal assistance is a good idea. Hopefully a better choice of representative than the consultant you had before.

That said, the dates on a PR card are largely, if not entirely, NOT relevant.

As for the citizenship application, what you describe was fairly typical when CIC (when Kenney and Alexander were the Minister) often delayed processing applicants perceived to have, as the saying goes, applied-on-the-way-to-the-airport. Many such applicants failed to comply with the PR Residency Obligation while the application was pending. To be eligible for the grant of citizenship, the applicant must have valid PR status. The applicant must continue to be eligible right up to the taking of the oath, and if at any time prior to taking the oath the applicant is not eligible, the application can be (and generally will be) denied. Moreover, the issuance of the 44(1) report subjects the PR to a prohibition; that is, once reported, the PR is than prohibited from being granted citizenship.

Winning the appeal of the Departure Order does not fix that.

Given the age of your children, those who are PRs have a good chance to retain PR status on H&C grounds. Thus, for example, if your child is just 18 and wants to study in Canada, that child should have a fair chance to go to the border and be allowed to enter, either without being reported if the child makes a good argument of intent to live in Canada and that this is the child's first opportunity to return to Canada. Even if reported, there is a good chance that child could win the appeal on H&C grounds if the child enters and stays in Canada. As a PR, even if reported, the child is entitled to enter Canada and so long as an appeal is made, the child remains a PR while the appeal is pending. I believe the child could, at the least, obtain one-year PR cards while the appeal is pending, which would help with enrollment in a Canadian university.

I believe that entitlement to resident fees is dependent on both residency in Canada AND having legal status to reside in Canada. But I am not sure of that.

Regarding your spouse's PR status, I cannot offer much hope. But perhaps a lawyer could help. Absence from Canada during the appeal does not help.

Depending on other circumstances related to the use of a consultant involved in the fraud investigations, and in particular to what extent that CIC or IRCC perceives there was misrepresentations made in your case, that could be a factor making a difficult scenario much more difficult.

 

[Hady]

Hi Dpenabill and all

Many thanks for your detailed explanation. I will be awaiting other thoughts and advices from other members please. In the meantime, I have a side question related to my driving license from SAAQ. the validity on the card states November 2015 an I paid my annual fees until then. The card was issued back in 2011. Can I pay online and have the new card mailed to my address in Montreal? Or a photo needs to be taken? It would be nice to have it renewed in case I needed to drive while crossing the border.
Thanks

 

[Leon]

So it sounds like you are saying that you never really lived in Canada yourself but your wife and kids stayed between 2006 and 2009, applied for citizenship and then left. Now, keeping in mind that in order to get citizenship, your PR status can not be in question, they should have returned to Canada at the very latest, after 3 years outside or in 2012. Did they have H&C grounds for why they were unable to return to Canada? If not, there was probably not much point in your wife appealing and having left Canada again during her appeal processing, she's not really doing a very good job of trying to convince immigration that she is ready to settle in Canada at this point.

dpenabill is right in that the kids have a good chance at keeping their PR if they return to Canada now. If they get reported on entry, they appeal based on having been removed as minors and if they don't, they can revive their PR status by staying for 2 years straight before attempting to renew their PR cards.

If they get reported and appeal, they are still PR until and if they lose the appeal. A PR who is under an appeal and is living in Canada can even renew a PR card for 1 year at a time.

Your family gets no special treatment for having qualified for citizenship and applied for it as they were unable to get it. They are right now in the same situation as other PR's who do not meet the RO and risk losing their PR status. If they wanted citizenship, they should have made sure to stay until they had it or failing that, they should have come back in 2012 while they still met the RO.