received letter from immigration that pr status under review what next !!

[ajoshi]

hello,
we had pr since 2008 jan we were not in the canada but we came back to canada in june 20, 2011 and in canada since than we have completed 765 days in canada in last 5 year. we have receive the letter from immigration that our status is in under review :: and ask us to prove the status and ask our passport copies : i believe that our pr is under review because we had applied for my sons PR and that migh have trigger this question for them : regardless we have completed our 2 year or 730 days + so should not be a problem if i provide them all the details and me and my wife we both are employed eversince. i have also just submitted PR renewal application was sent on 20th or augh and received this letter on aug 22, 2013.
i have also request Canada border serivice for the entry record and how long does it take to get back as i have 45 days to reply ::

thank you for reply

 

[frege]

hello,
we had pr since 2008 jan we were not in the canada but we came back to canada in june 20, 2011 and in canada since than we have completed 765 days in canada in last 5 year. we have receive the letter from immigration that our status is in under review :: and ask us to prove the status and ask our passport copies : i believe that our pr is under review because we had applied for my sons PR and that migh have trigger this question for them : regardless we have completed our 2 year or 730 days + so should not be a problem if i provide them all the details and me and my wife we both are employed eversince. i have also just submitted PR renewal application was sent on 20th or augh and received this letter on aug 22, 2013.
i have also request Canada border serivice for the entry record and how long does it take to get back as i have 45 days to reply ::

thank you for reply

My understanding is that they're only allowed to look at the five years immediately preceding the date of the "section 44(1) report."

When did you apply for your son? Did you meet the 730-day requirement at that time? You need to count even short absences from Canada.

I thought the CBSA report took 30 days, but according to this thread, it takes 60:

http://www.canadavisa.com/canada-immigration-discussion-board/timeline-for-receiving-cbsa-records-t117246.0.html

It's not obvious to me whether you should even reply to them. You should definitely get immediate legal advice in this situation.

 

[Leon]

Right, if you applied for your son before you had reached 730 days, you have opened yourself up to investigation on that date, even if you have since managed to stay for 730 days.

You should seek legal advice. If you ignore this, I am not sure what will happen. Worst case, they could revoke your PR status. There was a similar case, a woman on this forum who applied to sponsor her son. She was called in for an interview and explained her situation. She was well established in Canada, working, owned a house by that time and she had mitigating reasons for staying outside, taking care of husbands sick relative and her own baby which was not visa exempt to Canada. They let her keep her PR.

 

[ajoshi]

thank you for reply. also actually in this letter they have ask me to send our passport copy of last 5 years and also have question regards to our presence in last 5 years if we r meeting 730 days or not ? with saying last 5 years the date i send this application back.
so do u think if i prove them that i have been in canada for more than 730 days. will be more than enough. or they will have some more to ask ?
they have sent me one seperate page for absence n presence in canada in last 5 years. and in last 5 years i am in canada for more than 730 days.

Also what abt pr renewal application i have just sent to sydney. as i did not know that my pr is under review. i have also request for urgent process.i know urgent process wont happen and or trip will be delayed.

i am also very very mad on lawyer as he knew that we r not going to meet 730 days in first 5 years why not informed abt the situtation could happen . as my son has us passport he can travel here with out visa.

any input leon and other experts.

 

[Leon]

If they ask only for the last 5 years from the date of the letter, you just send that and don't worry because you meet the requirements for that period.

 

[ajoshi]

thanks leon and i spoke to the lawyer they tild me exact same thing so i m bit relax but i guess wont be done by december i guess.