re applying for PR- Please shed some light for me on the process

[Chinapeach]

Alas i'm back with questions

Has anyone lost PR then re applied?

Long story as short as i can, Husband met requirements for renewal but when he applied for travel documents in china to travel back to Canada to get new PR they denied him. He bought immigration to another country so now he can get into Canada as a visitor using that passport( I'm not getting into China law regarding 2 passports it's irrelevant to Canada). When he arrived here he received a final notice to pick up his PR card in Canada. We went to immigration to pick it up, just to see what would happen ( hoping it was a second chance to convince them). The guy there reviewed our file was ready to hand it over said he met all the obligations, then went through some new system and saw what happened in China and the refusal that was sent and said he couldn't over turn that decision ( we told them the whole story , we weren't hiding anything). So now we need to reapply and i need to know if there is anything to this. We cannot appeal as we only had 30 days to do so and it's past that deadline by far, plus we are worried he wouldn't even be able to visit Canada while we await the appeal.

So now we have to do what?

Officially cancel the PR card then just apply again? DO we need to officially sign off or it's already cancelled so no matter?

Any helpful hints or rules here would be gratefully appreciated so we don't end up in a bigger pickle.

( and yes we Need PR even if he can visit on his other Passport as he is now looking to stay and work in Canada)

 

[Leon]

If he was denied his PR card and told that because of the travel document being denied, he has lost his PR, then his PR must already be gone so you can apply again now without any problem.

However, you could try to talk to your member of parliament in Canada to complain about the process of him being refused a travel document when he met the residency requirements. So ok, you did not appeal it which you should have but you can still complain about it.

 

[Msafiri]

This was covered in some detail in a thread to the OP - her spouse was unable to prove declared days on his TD application (to pick up his renewed PR card) including where she was in China with him.

http://www.canadavisa.com/canada-immigration-discussion-board/-t128906.0.html

You would normally have to renounce your PR but since he never appealed his TD refusal he is not a PR and you can proceed to Spousal Sponsorship. IMHO the agent at the CIC inland office did you a favour when he did not give you a PR Card. It could be argued you went to collect it when you clearly knew you were no longer a PR having not appealed a refusal of a TD raising an issue of wilful misrepresentation.

As a side this raises an issue about the effectiveness or lack of CIC/CBSA recording immigration refusals outside Canada in realtime and sharing this with CIC in Canada. As a minimum the OP's husband should have faced some questioning at entry even with a different nationality/passport. By the way this use of multiple nationalities/ passports is another reason/ justification for RQs as it can present challenges in verifying physical presence in Canada especially if the documents are in different names (intentionally or otherwise).

Apply in Beijing..its still faster as outland. Get the forms and application guides from CIC website under Family Class. You will get more help on the Family Sponsorship section they will have timelines and posts from those applying.

 

[Chinapeach]

Leon
I tried talking to a member of Parliament when it happened.. they didn't even listen to me and just said the law is in place for a reason. It was an extremely pointless call cause I couldn't even explain what was wrong with this picture nothing , they didn't even want to hear me out at all. I was very factual and prepared for the call.

Msafiri
We were very honest with the guy at CIC in Toronto about the situation, he said our case qualified but wanted to double check he could give us the card still because of the previous denial , we even showed him the denial letter.

He did face some questioning when he enter, he told them he wasn't staying that he already gave up his PR and showed his other passport with the entry papers. The customs guy was satisfied , he isn't staying though he is going back, he can't stay needs to make money, no PR no way to get work here. He supports us!

however, Both passports have the same names.

I'm just wondering if there are things I should or shouldn't say when reapplying? I mean will I be ok just being honest about the situation? Explain that he just lacked at keeping the proper documents and that he is ready to actually physically live an with his family and work in Canada? My husband was saying he was reading and we can't say that he wants to work here.. I told him the letter I wrote says he wants to stay and work here but it's not his primary objective , his primary objective is to be here with his family. We aren't paying for a lawyer so any help here so we don't mess this up. I'm not worried cause to me we are legit and i'm being honest but frankly this last 8 months had shown me honesty isn't the best way sometimes.

How can they track anyways even with his PR they only track entries.?? Plus they can look through both his passports , We just want to be together!!! God when I got married 7 years ago I never imagined this nightmare I knew it would be kinda complicated but not like this!

We don't have immigration friends who know all the tricks to ask questions to. I don't want to fool the system I just want to be a family!