PR Renewal H&C Grounds

[AbbaSahib]

Dear Expert Advisories, I thank you all in advance if you could shed some light on below case:

I applied for PR renewal in 2012 on H&C grounds when I was in Canada 2012.

I received a letter from CIC local office to attend an interview before a decision can be made on my PR renewal on H&C grounds. Since I indicated to be outside Canada, they (CIC) advised me to obtain a PRTD (travel document) and return to Canada to attend the Interview before Mid-Sept.

I recently applied for PRTD but the Embassy counselor officer refuse the PRTD reasoning he was not convinced of H&C grounds. Although the same set of documents were presented to CIC-local office and Embassy.

I am surprise and disappointed because my H&C grounds are genuine and the CIC-local office atleast called for an Interview to hear from me, but the embassy didn't even call for interview and sent the refusal decision by post with documents of Appeal rights. Its being 250 days since I left Canada so I believe the embassy have the right to issue PRTD as long I didn't crossed 365 days outside Canada.

My PR expired in 2012 and Last year 2012 when I entered Canada by Air, I was interviewed by an immigration officer for an hour and I believe the officer considered my case on H&C grounds and entered me as returning resident and advised to apply for PR-renewal on H&C grounds.

I don't understand the disparity between the Embassy officer and CIC-local office. If my H&C reasons were not good enough why the officer at airport would be satisfied and local-cic office would even call me for an interview.

Please advise what step shall I take now because my deadline is very near.
Should I report this to CIC-local office and can they help me ?
I don't think, I could pursue at embassy because they don't even allow to visit embassy in person.

Is it legal and guaranteed to enter Canada via US land border, if we possess US visa (with expired PR & record of Landing papers) ?
entering via US; would this be appropriate anymore after being rejected of PRTD.

Your urgent replies will be greatly appreciated. (just because time is short)

 

[frege]

Dear Expert Advisories, I thank you all in advance if you could shed some light on below case:

I applied for PR renewal in 2012 on H&C grounds when I was in Canada 2012.

I received a letter from CIC local office to attend an interview before a decision can be made on my PR renewal on H&C grounds. Since I indicated to be outside Canada, they (CIC) advised me to obtain a PRTD (travel document) and return to Canada to attend the Interview before Mid-Sept.

I recently applied for PRTD but the Embassy counselor officer refuse the PRTD reasoning he was not convinced of H&C grounds. Although the same set of documents were presented to CIC-local office and Embassy.

I am surprise and disappointed because my H&C grounds are genuine and the CIC-local office atleast called for an Interview to hear from me, but the embassy didn't even call for interview and sent the refusal decision by post with documents of Appeal rights. Its being 250 days since I left Canada so I believe the embassy have the right to issue PRTD as long I didn't crossed 365 days outside Canada.

My PR expired in 2012 and Last year 2012 when I entered Canada by Air, I was interviewed by an immigration officer for an hour and I believe the officer considered my case on H&C grounds and entered me as returning resident and advised to apply for PR-renewal on H&C grounds.

I don't understand the disparity between the Embassy officer and CIC-local office. If my H&C reasons were not good enough why the officer at airport would be satisfied and local-cic office would even call me for an interview.

Please advise what step shall I take now because my deadline is very near.
Should I report this to CIC-local office and can they help me ?
I don't think, I could pursue at embassy because they don't even allow to visit embassy in person.

Is it legal and guaranteed to enter Canada via US land border, if we possess US visa (with expired PR & record of Landing papers) ?
entering via US; would this be appropriate anymore after being rejected of PRTD.

Your urgent replies will be greatly appreciated. (just because time is short)

The first thing you must do is file an appeal of the PRTD decision within the prescribed time. From memory, this may be 60 days, but I hope others will confirm this. Any previous decisions within Canada are no longer important - they make a new decision each time.

Also, and I hope more experienced members can confirm this, I believe you have a right to enter through a land border crossing as long as the time for you to appeal has not expired. This is how you probably should have returned in the first place, instead of applying for a PRTD. (CIC gave you bad advice - they are not working for you.)

If you appeal, but don't reach Canada by the end of your appeal period, then you can apply for a special PRTD to allow you to attend your appeal hearing. However, in that case, the IAD has to decide that it is necessary for you to attend.

To read more information for yourself, see:

ENF 19 – IAD Appeal Hearings
ENF 23 – Loss of Permanent Resident Status
ENF 4 – Port of Entry Examinations
OP 10 – Permanent Residency Status Determination

http://www.cic.gc.ca/english/resources/manuals/

IAD material on residency appeals: Chapter 3 of http://www.irb-cisr.gc.ca/Eng/BoaCom/references/legjur/Pages/RoaAmr.aspx

I think the best thing for you to do is to speak to a Canadian immigration lawyer as soon as possible. Make sure you meet the deadline to appeal, and if you choose to come to Canada, that you return before the end of the appeal period.

 

[AbbaSahib]

Thanks Frege.
Does this mean that my upcoming interview with CIC local office in sept is no longer valid because of PRTD rejection Or if I reach through US can I attend the interview.
Does PRTD rejection reflects on my file in Canada.
Do I have to write or inform to CIC local office about embassy rejection. Can I expect help from them.

If I file an appeal with in 60 days then why should I have to enter Canada before appeal period expires. Shouldn't I be waiting for hearing call.

Yes, Appeal time is 60 days.
What is my next official action.

 

[frege]

Thanks Frege.
Does this mean that my upcoming interview with CIC local office in sept is no longer valid because of PRTD rejection Or if I reach through US can I attend the interview.
Does PRTD rejection reflects on my file in Canada.
Do I have to write or inform to CIC local office about embassy rejection. Can I expect help from them.

If I file an appeal with in 60 days then why should I have to enter Canada before appeal period expires. Shouldn't I be waiting for hearing call.

Yes, Appeal time is 60 days.
What is my next official action.

If you enter Canada, that doesn't cancel the decision refusing the travel document, which will by itself end your PR status f you do nothing. I think the in-Canada interview probably doesn't matter now unless they send you a letter. Once you've returned to Canada, you can look into that, but I think they know what has happened and they won't be doing this.

If you don't appeal the consulate's decision in the first 60 days, then you will lose your PR status permanently.

For the next 60 days, you are still a permanent resident and you can enter Canada at a port of entry. After that, if you appeal, I believe it will likely be possible too, but I'm not certain.

If you appeal or if your 60 days has not yet expired, then for one year after the last time you were in Canada, you can apply for a special travel document to appear at the appeal hearing. You wrote that you left 250 days ago, so this would give you about 115 days to apply for the special PRTD, provided you appeal.

If you appeal, but exceed the 115 days before applying for a special PRTD, then you may need to ask the IAD to allow you into the country for the hearing. (I'm not certain if this applies to you in case you are able to reach a land border crossing later - ask a lawyer about this.)

Since you can travel through the US, that will be much, much simpler.

At this point, you need to get in touch with an immigration lawyer and appeal to the IAD. Discuss with him how and when you should return to Canada. Until the end of the 60-day appeal period, you will remain a permanent resident and can enter Canada through a land border crossing.

See Section 12 of ENF 19: http://www.cic.gc.ca/english/resources/manuals/enf/enf19-eng.pdf

See Section 8 of ENF 23: http://www.cic.gc.ca/english/resources/manuals/enf/enf23-eng.pdf

If you say what province you live in, perhaps I can make a suggestion of how you can find a lawyer. Also say approximately what your income is so we can try to see whether you are eligible for legal aid or other programs.