PR denied at port of entry

[Ponga]

What is the expiry date on his CoPR?

 

[angel.nancy]

October 17th, 2014 and we got it on May 14th 2014.

What is the expiry date on his CoPR?

 

[Ponga]

October 17th, 2014 and we got it on May 14th 2014.

So I guess it's a worthless piece of paper now, since it is expired?

What a shame!

 

[Avadava]

I agree with Rob_To, the officer felt like the Canadian sponsor doesn't have intent of re-establishing residency in Canada, which is the biggest condition of a sponsor sponsoring from abroad.

I actually doubt it myself too. Since your husband was accepted as PR, why would he want to go back to the States on a work visa? And since you basically promised in those application forms that you will go to Canada as soon as he is approved, why remain in the US? He was right, re-apply once you are both ready to quit your job/studies in US.

 

[novembre2013]

angel.nancy, I think you need to reapply.
what is your husband's citizenship? maybe he can still apply through usa.

 

[keesio]

yes it sounds like the OP's issue is that the officer felt they (she) did not have immediate plans to move back to Canada. This is a requirement - it's why in your application you have to provide proof that you will move back when the applicant lands as PR. There was one US / CND couple that had their application denied because they honestly stated that they plan on moving back to Canada in a year instead of immediately.

 

[Avadava]

yes it sounds like the OP's issue is that the officer felt they (she) did not have immediate plans to move back to Canada. This is a requirement - it's why in your application you have to provide proof that you will move back when the applicant lands as PR. There was one US / CND couple that had their application denied because they honestly stated that they plan on moving back to Canada in a year instead of immediately.

I remember that couple as well, terrible bad luck.

And btw, the immigration officer at the point of entry has the duty to verify if the information you provided in the application (which the COPR is based on) is still true.

 

[SenoritaBella]

I see the point where officer might have felt like we do not want to move back to Canada in immediate future, but we clarifies it twice once when they asked my husband and he clearly mentioned
1) He only has a H1B (work permit) in USA that do not give him rights to permanently stay in USA. - unfortunately, that does not prove he is moving to Canada right away either, which is what you(his sponsor) agreed to do once he was granted PR status. Also, with H1B visa, his employer could sponsor him for a green card.
2) The officer called me and I had no clue this will be coming our way and I had mentioned to him that since we did not have enough time (only gave from May 14th, 2014 to October, 17th 2014) to plan our move back to Canada. As I had already started the process of applying for my Masters and since I was doing that on F1, that also takes a lot of effort and time. I expressed myself saying that I understand we have to move back and since I am in the middle of the semester, I cannot do much about it but if it is absolutely required I am willing to talk to my school and change my program on-line starting next semester and also find other routes such transferring my credits to a Canadian University. Anyways since the damage is done now.....I want to move ahead think what can be done in this situation. Eventhough you had 5 months, you did nothing to begin re-establishing yourself in Canada. In fact, you enrolled yourself for the Fall semester which is not an indication of someone that intends to move back to Canada in the immediate future. I mean, in the summer, you had time to speak to your school officials, ask for a deferment, transfer credits to a university in Canada, suspend the semester, etc. At least you can re-apply when ready to return to Canada.

We have wrote letters to Immigration consulates here in US and Ottawa. Another great thing about Canadian Immigration is that they are not going to expedite the case hearing and still we don't have a date of the hearing. Lucky, now they are telling him we will let you leave the country and come back for the hearing but before that no other option was given to him. Basically, wait in Canada without his passport or any legal status until we get a case hearing. How do they expect a person to survive like this, we are lucky we have family and friends there.

Even during case process, we had submitted everything all together but still since their process was delayed by the time they got to our file we had to get our medical and US FBI clearance again.

Sorry I am just venting out, but If he doesn't get his work permit from US consulate.....They will ask him to leave the country.

 

[little_apple]

I remember that couple as well, terrible bad luck.

And btw, the immigration officer at the point of entry has the duty to verify if the information you provided in the application (which the COPR is based on) is still true.

Correct. I had a full interview when I landed. I had to answer at least 30 questions about our relationship, our jobs, our life before the officer finally said that I just became a PR.

The person before me, a guy from the Philippines, was denied although he had his COPR. I don't know the reason though

 

[Awesomeg]

hello, I think the problem is that you should live in canada. He can't be PR if you the sponsor lives outside canada.

Yes, you are right,
The problem is that his wife lives in USA, and under family class sponsorship
the couple is supposed to have intentions to live in Canada, and as he is doing
her master in USA the solution for the Immigration officer is to apply again
and come together when she finishes her Masters.

 

[brucem]

Agree with SenoritaBella on this one. I don't understand why you would apply to do a Master's in the US when you a) have applied for PR - knowing that in general the sponsor has to move within a year of the medical, or shortly afterwards depending on whether they grant an extension and b) do nothing for 5 months to re-establish yourself in Canada. I've heard of some people being given literally weeks to move but 5 months I would say is a very reasonable time to sort out your affairs. It's a real shame but I suppose its a good lesson for all awaiting their PR. I really hope you manage to sort things out.

 

[Avadava]

I found some valuable information related to this topic, which I thought I'd share:

"The Landing Process

Canada's immigration laws provide for a two step process for all visa applications. Immigration officers outside Canada carry out stage one; stage two is carried out for the most part by a port of entry ("POE") immigration officer. The arrival of an immigrant with an immigrant visa is evidence that when the visa was issued, the visa officer was satisfied that the immigrant met Canada's admission requirements as outlined in the Act and its attendant Regulations. At the point of arrival however, landing is not an automatic right: immigrants must still satisfy the POE immigration officer that entry is permissible: A12(1).

The immigration landing process is likewise a two step procedure: The first step entails a verification of the immigration visa/record of landing, while the second step involves the completion of the record of landing for admission into Canada.

Immigrants are under a statutory obligation to answer truthfully all questions posed by an immigration officer and to produce documentation as may be required by the officer for the purpose of establishing whether the person shall be allowed into Canada: A11(4).

During the verification and question process a POE officer will ensure THAT:



The immigrant does not fall within the various inadmissible classes outlined in Sections 19(1)& (2) of the Act.
The inadmissible classes referenced under section 19 refer to persons who are suffering from serious medical disorders; persons affected by criminality issues and more commonly, persons who are unable or unwilling to support themselves and their dependants. Our web site writing on settlement funds briefly outlines the requirements regarding support.



Admissibility has not been affected by a material change in circumstances. Immigrants will be questioned to confirm their intention to establish permanent residence in Canada.
Material change in circumstances include discrepancies that would have affected the decision by the overseas visa officer to issue the visa. Generally, material changes involve a change in marital status, the birth or adoption of a child or the death of a family member. Where in the opinion of the POE officer, the change in circumstances is significant such that the visa issuance would not have occurred, landing will be deferred.

The issue of intended destination has become the subject of a department memorandum. Applicants landing in the Province of Quebec without a valid Quebec Certificate of Selection and who appear destined to Quebec, will not, pursuant to current department directives, be admitted as a landed resident. Where it appears to the POE officer that the intended destination is the Province of Quebec, landing will be deferred until a valid CSQ has been procured.

Applicants who have previously declared their intended destination as being the Province of Quebec and who land outside the province, will generally not incur difficulties. Caution should be exercised. Applicants who have stated an intention to reside in Quebec are entitled to change their destination. At issue is how and when this material change occurs.



The immigrant meets the requirements of the Class of immigrants under which the visa was issued.
Immigrants who arrive in Canada will be questioned to ensure they meet the Class under which the visa was issued. Immigrants with the intention of studying may face difficulties when attempting to land as an immigrant. Business immigrants will be questioned on the availability and transferability of their assets.

Upon receipt of an immigrant visa\record of landing from the visa office, the following reminders should be taken into consideration before departing for Canada:

Verification of information - Ensure that all of the information appearing on the record of landing is correct and that all accompanying dependants are listed in Box 14 of the principal applicant's visa. Confirm that all of the visas are signed by the visa officer in Box 35.

Do not sign the record of landing until presentation before an immigration officer at the port of entry.

Visa Validity Date - Box 33 of the record of landing will specify the date by which an immigrant must present for admission to Canada. Canadian law does not provide for the extension or the renewal of the visa validity date, which generally coincides, with the one-year anniversary of the initial medical examination. The main applicant and all accompanying dependants must enter Canada before the visa expiry date.

Accompanying dependants must land with or after the principal applicant.

Change in civil status - A marriage, divorce or birth/adoption of a child must be reported to the visa office before departing for Canada.

Minor errors or amendments such as changes in passport numbers and passport validity dates, typographical errors in the names or dates of birth of the principal applicant or accompanying dependants, changes in the address of the sponsor need not be reported to the Embassy and must be brought to the attention of the POE immigration officer.

Personal documents - It is recommended that all documents relating to civil status, professional qualifications, medical history (immunizations, vaccinations and dental records), proof of funds, driver's license, previous driving insurance records, children's school records, etc, are prepared for the landing process. Most importantly a valid passport must be available for presentation to the POE immigration officer for each immigrant. Diplomatic passports are not considered acceptable for landing purposes.

Terms and Conditions - Business entrepreneur applicants, fiance(e)s, and persons with medical surveillance notations must meet the terms and conditions denoted in Box 43 of the visa. These are conditions of landing and failure to comply may result in deportation in the future.

List of goods and possessions - Immigrants should prepare two detailed lists of personal possessions on a plain sheet of paper entitled: Annex "A" Goods in Possession and Annex "B" Goods to Follow. Possessions of value should include serial numbers with the approximate value of each item as well as insurance policies or jeweler's appraisals. This information will be presented to the Customs Officials following the admission process. Items that have been owned, possessed and used, will qualify for importation, duty -free.

Vehicle registration - Imported vehicles must meet Canadian safety and air emission control standards. Consultation with Transport Canada is advisable.

Animals - Pet dogs and cats younger than three months old from the United States may enter Canada without documentation. Pet dogs and cats from the United States that are three months or older can be imported provided that a current veterinarian certificate is presented evidencing vaccination against rabies within the last three years. Contact with the Animal Health Division of Agriculture Canada is otherwise advisable.

Immigrants will be counseled on the issue of preserving permanent residence. This issue has been addressed in our writings: Returning Resident Permit - A False Sense of Security andReturning Resident Permit - FAQ .

Once all of the formalities of the admission process have been completed the signed immigrant visa and record of landing will form the basis for future statutory admissions to Canada: A4(1)."

 

[cool_eagle]

From my understanding with dealing with the London office, a COPR does NOT guarantee acceptance at a port of entry. This is clearly stated on their website, and procedure they suggest if that a 'Travel Document' is required to guarantee entry.
It costs $50 and in London has about a 7 day turn around. To obtain the Travel Document, you have to submit your COPR to them, with various other bits of repeated information.
The whole process seems ludicrous to me, how stupid for COPR not to prove PR?! In which case COPR is a very misleading title!
I hope this helps, and Good Luck!

No, your understanding is wrong. first time landing requires COPR and passport with visa stamp and expiry date of landing. this visa is only for first landing. and, if you decide to leave canada say after a week, and your PR card is still in process. as it takes 61 days to be mailed to your given address (only) within canada. so, unless you have got couriered your PR to your current country, you cannot enter to canada 2nd time. If you decide to do so, you will have to apply for travel document.........which you mentioned.....costing 50$

 

[scylla]

No, your understanding is wrong. first time landing requires COPR and passport with visa stamp and expiry date of landing. this visa is only for first landing. and, if you decide to leave canada say after a week, and your PR card is still in process. as it takes 61 days to be mailed to your given address (only) within canada. so, unless you have got couriered your PR to your current country, you cannot enter to canada 2nd time. If you decide to do so, you will have to apply for travel document.........which you mentioned.....costing 50$

Please don't bump threads that have been dead for three years.