PRTD rejected for not meeting residency obligations what is next?

[Sasuki]

I applied for PRTD in Canadian Embassy in my home country, the PRTD was rejected for not meeting the residency obligations, I received a letter to proceed for appeal within 60 days, my expired PR was taken away by CIC officer in the Embassy, my question is that normal procedure to confiscate my expired PR?
Do I have any chance at least to visit Canada to meet my family (wife & four children) who are permanent residents.

 

[scylla]

Yes - this is normal since you have failed to meet the residency obligation.

You can appeal if you have a good reason for not having met the residency obligation. A good reason is something like a serious illness that prevented you from traveling to Canada. CIC does not accept job, financial or educational reasons as valid reasons for failing to meet the residency obligation. So if you were outside of Canada due to a job - I wouldn't bother appealing.

To visit your family in Canada, you will now need to apply for a visitor visa (I'm assuming you are from a non visa exempt country).

If you want to become a PR again, then your wife can sponsor you once you are ready to make Canada your home.

 

[Sasuki]

Dear Scylla,

To be Frank with you, all my absences were job related to support my family, I have been traveling from-to Canada more than 20 trips from the past 5 years, even my self cannot remember exact dates, I am from a non visa exempt country.
I need to visit my family, I have been out of Canada since December 2012 & expecting to have my PR renewed to enable me to return, how ever this didn't happen, my questions:

1) Should I go for appeal where I don't have any good reason for my absences except what I mentioned above.
2) If I applied for a visitor visa will I grant it, and how long will take.
3) I am ready to make Canada my home, in fact this was my plan when I applied for PRTD & how my wife can sponsors me & what is the procedure.

I have US visa, will this help me with anything, please advice.

 

[steaky]

Since you have a US visa, you could have enter Canada by land. But now it's too late because your PRTD rejected.

For spousal sponsorship, you can check the cic website or the sticky post in the family class sponsorship section of this forum.

 

[scylla]

1) I think your appeal has a low chance of succeeding.
2) There is no guarantee you will be approved for a visit visa if you apply. Processing times can be found here: http://www.cic.gc.ca/english/information/times/temp/visitors.asp
3) Instructions for your wife to sponsor you can be found here: http://www.cic.gc.ca/english/information/applications/fc.asp

 

[Leon]

I don't know how you were expecting your PR to be renewed if you didn't meet the residency requirements.

Since you have now lost your PR, you can apply for a multiple entry visit visa in order to continue to visit your family as you work overseas. Spouses of PR's and citizens are often denied visit visas due to risk of overstay but I think in your case you can claim that since you lost your PR for not staying enough that they do not need to worry about you overstaying.

If you get the visit visa, you can visit your family and you and your wife can fill out the forms for her to sponsor you during your next visit. It will likely take at least a few months or a year for the sponsorship to come through so in the meantime, you can continue your overseas job.

As for not remembering your travel dates, you do need to keep track of that info when you are a PR. They will ask for it for PR card renewal or in the future if you apply for citizenship.

 

[Sasuki]

Dear Leon, Scylla,

If I ask for a visit visa now & within the 60 days period, do I have any chance to be approved, or I should wait till the end of the 60 days & don't appeal in this case my PR is confirmed to be lost?

 

[Msafiri]

Dear Scylla,

To be Frank with you, all my absences were job related to support my family, I have been traveling from-to Canada more than 20 trips from the past 5 years, even my self cannot remember exact dates, I am from a non visa exempt country.
I need to visit my family, I have been out of Canada since December 2012 & expecting to have my PR renewed to enable me to return, how ever this didn't happen, my questions:

1) Should I go for appeal where I don't have any good reason for my absences except what I mentioned above.
2) If I applied for a visitor visa will I grant it, and how long will take.
3) I am ready to make Canada my home, in fact this was my plan when I applied for PRTD & how my wife can sponsors me & what is the procedure.

I have US visa, will this help me with anything, please advice.

1. Go for an appeal to maintain your PR rights for now. How many days were you physically in Canada in the last 5 years prior to PRTD application? When you say you don't remember dates can you track this by passport stamps, flight boarding passes, e-tickets?
2. Chances are slim to none - your ties to Canada due to family are strong and visa post will say you are not a bonafide visitor.
3. So what steps had you taken towards a permanent return to Canada? Had you resigned your current job? Did you have any interviews lined up in Canada?

Your only realistic option is to travel to the US and enter Canada via a land border with your landing papers either COPR or IMM1000. Expect an intense grilling by the CBSA agent since the refusal is in their database but he/she will have to let you in because you are a PR until you either fail to appeal in 60 days or the Immigration and Refugee Board (IRB) agrees with CIC and revokes your PR for CIC - this will be at least 12 months from appeal date due to the delays in listing a hearing. Don't sign a relinquishment form at the border.

Any days spent in Canada until the IRB's decision (unless if in your favour) do not count towards your residence obligation. Once you enter Canada you need to then decide if to go with inland or outland sponsorship but only do this if you intend to live in Canada else you will be wasting your time and be back in this scenario when your PR Card expires.

 

[Sasuki]

I am totally confused, shall I go for appeal or not? can my wife sponsor me if she has no income?

 

[Leon]

Your wife can sponsor you if she shows that you are the breadwinner. Immigration just wants to know that your family will not end up on welfare if she sponsors you.

 

[Sasuki]

What should I do now, experts please advice

 

[Leon]

It is up to you. Either you appeal but it doesn't sound like you have much of a case or you accept their decision and start working on your forms to have your wife sponsor you.

 

[Sasuki]

Dear Leon,

1) Can I submit my appeal papers to maintain my PR rights & in the same time ask for visit visa?
2) If I submit the appeal papers, can my wife fill out the form to sponsor me in the same time?

Appreciate your patience & support

 

[Msafiri]

Dear Leon,

1) Can I submit my appeal papers to maintain my PR rights & in the same time ask for visit visa?
2) If I submit the appeal papers, can my wife fill out the form to sponsor me in the same time?

Appreciate your patience & support

1. You will not be issued a visit visa while still a PR - PR loss is only effective at day 60 if you do not appeal or if you loose the appeal. If you want a visit visa then don't appeal and after 60 days apply for a visa. My advise to enter via the US was based on your stated urgency of a return to Canada....you may or may not get a visit visa whereas if you lodge an appeal you can enter Canada via the US.

When you apply as a visitor the visa officer will need to be sure you will leave Canada at the end of your stated stay. He/she will evaluate your ties to your home country compared to Canada...if you were the visa officer and you had an applicant that was a PR with a failed PRTD application and a PR spouse/ kids in Canada what would you do? Where do you think your ties are strongest? What incentive is there for you to leave Canada?

2. Ditto as 1. CIC will not accept sponsorship application when you are a PR - sorry you can't have it both ways.

3. Your spouse must meet the residency obligation to be a sponsor - expect CIC to want proof of her presence/ residence in Canada...does she work and file taxes as this is a solid evidence of residence? If there are any issues about her residence a sponsorship application will have the unintended consequence of bringing this to the attention of CIC.

 

[Sasuki]

Dear Msafiri,

Thanks for your clarifications, I will consider what you mentioned. As for my case, we landed in September 2007 & left after 3 months, then returned in June 2010. My wife & children (two in university & 2 in school) never left Canada since that date, their PRs were renewed with no problems. In June 2013 all of them will be eligible to apply for citizenship since they will complete 3 years continuous residency. My wife doesn’t work, we both filed taxes papers for all 5 years period, we never lived on welfare & will never do, I am supporting my family from my current job overseas.

All of of you, Msafiri, Leon, Scylla & Steaky were a great help for me & for others
May God bless you all