PRTD resufed and get the appeal letter

[cwj1107]

Hello Everyone, my daughter and me is pr valid till 2018, my son is citizen.

My wife is PR but expiry in 2014. She lives with all families in China so she can not meet the 730 days rule, only lives in canada 140 days in past five years.

All my families is plan to move back to Van Couver in March.

So I applied PRTD but failed, and get the appeal letter.

My question is can we go to Seattle and back by private vehicle, then we can find the lawyer to managed the issue.

Her letter is issued on Jan 19th, we are intend to come back on about Mar 1st, is the time enough for us.

Thanks for the help.

 

[scylla]

No - this won't work because the PRTD has already been refused. If she doesn't appeal, she loses her PR status.

Your options are to appeal - or accept the fact she has lost her PR status. In that case you'll need to sponsor her for PR once you are back in Canada.

 

[cwj1107]

No - this won't work because the PRTD has already been refused. If she doesn't appeal, she loses her PR status.

Your options are to appeal - or accept the fact she has lost her PR status. In that case you'll need to sponsor her for PR once you are back in Canada.

Thanks for reply.

We decide to appeal. We prefer to appeal in Canada by lawyer. So we are thinking how we can go back.

Can we go back from Seattle by private vehicle?

 

[Rob_TO]

Hello Everyone, my daughter and me is pr valid till 2018, my son is citizen.

My wife is PR but expiry in 2014. She lives with all families in China so she can not meet the 730 days rule, only lives in canada 140 days in past five years.

All my families is plan to move back to Van Couver in March.

So I applied PRTD but failed, and get the appeal letter.

My question is can we go to Seattle and back by private vehicle, then we can find the lawyer to managed the issue.

Her letter is issued on Jan 19th, we are intend to come back on about Mar 1st, is the time enough for us.

Thanks for the help.

Do you meet the residency obligation yourself over past 5 years??

If you decide to appeal, then yes your wife could travel to USA and cross into Canada by land. But you need to make sure you appeal before the due date in the letter. So you may need to send appeal request from China, then arrange for a lawyer once you're back in Canada.

To be honest though, if there are no exceptional H&C reasons for your wife to not meet the RO an appeal may just be a long (it can take several years) and expensive (for lawyer) process that will ultimately end in refusal and still end up with her PR card being revoked.

If you meet the RO, then a better solution may be to just accept her PR status being revoked, and then you can go back to Canada and sponsor her for PR from scratch under family class app.

 

[cwj1107]

Do you meet the residency obligation yourself over past 5 years??

If you decide to appeal, then yes your wife could travel to USA and cross into Canada by land. But you need to make sure you appeal before the due date in the letter. So you may need to send appeal request from China, then arrange for a lawyer once you're back in Canada.

To be honest though, if there are no exceptional H&C reasons for your wife to not meet the RO an appeal may just be a long (it can take several years) and expensive (for lawyer) process that will ultimately end in refusal and still end up with her PR card being revoked.

If you meet the RO, then a better solution may be to just accept her PR status being revoked, and then you can go back to Canada and sponsor her for PR from scratch under family class app.

Thanks for your information, always professional and useful.

We know we must lose the appeal.

Because my children needs to apply for school in March, so my wife needs to back Canada in March.

Further, I can not sponsor her till 2019. I think we can get some times from the appeal, i hope maybe one year.

The most important issue is I have to make sure she can back from Seattle.

I am worried Custom not allow her back because she has been issued the appeal letter.

 

[Rob_TO]

Because my children needs to apply for school in March, so my wife needs to back Canada in March.

If she loses her appeal while in Canada, she may be forced to leave Canada immediately afterwards.

Further, I can not sponsor her till 2019. I think we can get some times from the appeal, i hope maybe one year.

Why can't you sponsor her until 2019?
If you meet the RO yourself, then you can sponsor her immediately after she loses PR status.

I am worried Custom not allow her back because she has been issued the appeal letter.

Even if she is appealing, she is still a PR until her status is officially revoked. And as a PR, she has a right to enter Canada. So you just need to make sure you send your intent to appeal within the required time, before her PR status is officially revoked.

 

[cwj1107]

If she loses her appeal while in Canada, she may be forced to leave Canada immediately afterwards.

Why can't you sponsor her until 2019?
If you meet the RO yourself, then you can sponsor her immediately after she loses PR status.

I have some questions about it, hope you do not mind to give me some ideas.

1. After she lost the appeal, she will has to leave Canada immediately. I am thinking how she can come back to Canada since my all faimiles is living here. Go to Seattle and stay there to apply a Visa? How long needed to re-enter canada?

2. My wife sponsor me in 2014, with condition that in the comming 5 years I can not sponsor others. So I have to wait till 2019 to sponsor her.

3. When my wife sponsor me, she did not meet the RO. Is the rule changed now cause I have to met the RO when I sponsor her.
I am also not meet the RO, since all our families lives in China together for the past 3 years.

4. We do not know how to handle after get the letter. Is it possible to help me check the letter and give me some suggestion?

 

[Rob_TO]

I have some questions about it, hope you do not mind to give me some ideas.

1. After she lost the appeal, she will has to leave Canada immediately. I am thinking how she can come back to Canada since my all faimiles is living here. Go to Seattle and stay there to apply a Visa? How long needed to re-enter canada?

If she loses appeal and her PR status, she will need to apply for TRV to stay in Canada. I have no idea if this will be approved, nor how long it will take.

2. My wife sponsor me in 2014, with condition that in the comming 5 years I can not sponsor others. So I have to wait till 2019 to sponsor her.

Not sure if that applies to sponsoring the same person that sponsored you.

3. When my wife sponsor me, she did not meet the RO. Is the rule changed now cause I have to met the RO when I sponsor her.

The rule is the same. If you apply to sponsor while not meeting RO, CIC may see this, cancel the app, and revoke your PR status instead. Your wife was incredibly lucky if she successfully sponsored you while not meeting RO as this is not supposed to happen.

I am also not meet the RO, since all our families lives in China together for the past 3 years.

You do realize that on your next entry into Canada (by plane or car, it doesn't matter), CBSA could report you (and your daughter) for not meeting RO and you may have your own PR status revoked. If this happens along with your wife, then you'll both need to leave Canada and see if you qualify from scratch under an economic immigration stream if you wanted to get PR status again.

4. We do not know how to handle after get the letter. Is it possible to help me check the letter and give me some suggestion?

It should give you instructions on how to appeal, and how much time you have. IF you post the letter here (with your names removed) I'm sure people can assist.

 

[cwj1107]

The rule is the same. If you apply to sponsor while not meeting RO, CIC may see this, cancel the app, and revoke your PR status instead. Your wife was incredibly lucky if she successfully sponsored you while not meeting RO as this is not supposed to happen.

You do realize that on your next entry into Canada (by plane or car, it doesn't matter), CBSA could report you (and your daughter) for not meeting RO and you may have your own PR status revoked. If this happens along with your wife, then you'll both need to leave Canada and see if you qualify from scratch under an economic immigration stream if you wanted to get PR status again.

It should give you instructions on how to appeal, and how much time you have. IF you post the letter here (with your names removed) I'm sure people can assist.

My daughter's PR Card and mine is with expiry date 2019, so I think we can go back.

I will post the letter in new subject. Many thanks for your patience reply.

Thanks for your patience reply.

 

[Rob_TO]

My daughter's PR Card and mine is with expiry date 2019, so I think we can go back.

The only thing a valid PR card is good for is being allowed to board a plane to Canada.

When you try to cross the border into Canada, CBSA can still report you for not meeting RO despite date on your PR card. The PR card expiry date is irrelevant in terms of meeting the RO.

So despite your valid PR card you can definitely be reported, and possibly have your PR status revoked.