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Residency obligations.

kanwal jeet

Member
Mar 17, 2024
11
0
Hello Respectable friends,
I need solution to get started with my case as I got PR as principal applicant in 2012 and, not able to meet residency obligations due to short stay at Canada. I appealed IAD and couldn't attend the hearing due to covid-19 any way. Again applied for PRTD and denied by IAD. I am not aware about my PR status whereas my family got citizenship. Now I came back in Canada with a wish to reside here with my family and entered in Canada through land border and officer has permitted me to enter by saying that go on and apply for further proceedings. My dear friends, i am confused about the further procedure to get my PR status. Please suggest needful.
Regards.
 

steaky

VIP Member
Nov 11, 2008
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Hello Respectable friends,
I need solution to get started with my case as I got PR as principal applicant in 2012 and, not able to meet residency obligations due to short stay at Canada. I appealed IAD and couldn't attend the hearing due to covid-19 any way. Again applied for PRTD and denied by IAD. I am not aware about my PR status whereas my family got citizenship. Now I came back in Canada with a wish to reside here with my family and entered in Canada through land border and officer has permitted me to enter by saying that go on and apply for further proceedings. My dear friends, i am confused about the further procedure to get my PR status. Please suggest needful.
Regards.
Perhaps it would be easier if you renounce your current PR status and then have your spouse sponsor you to become a new PR status.
 

Eusufzai

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Hello Respectable friends,
I need solution to get started with my case as I got PR as principal applicant in 2012 and, not able to meet residency obligations due to short stay at Canada. I appealed IAD and couldn't attend the hearing due to covid-19 any way. Again applied for PRTD and denied by IAD. I am not aware about my PR status whereas my family got citizenship. Now I came back in Canada with a wish to reside here with my family and entered in Canada through land border and officer has permitted me to enter by saying that go on and apply for further proceedings. My dear friends, i am confused about the further procedure to get my PR status. Please suggest needful.
Regards.
Hello Jeet,

Greetings! May I ask you which land boarder did you use to enter into Canada. Did the immigration officer ask you to sign on any paper and revoke your PR status. If not , then you don’t need to apply for PR again in other pathway. If you could share your conversation with immigration officer at the boarder .

Warm regards,

Eusufzai
 

Ponga

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Oct 22, 2013
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Hello Jeet,

Greetings! May I ask you which land boarder did you use to enter into Canada. Did the immigration officer ask you to sign on any paper and revoke your PR status. If not , then you don’t need to apply for PR again in other pathway. If you could share your conversation with immigration officer at the boarder .

Warm regards,

Eusufzai
The OP states that they could not appeal the IAD, so their PR status is already in peril. It matters not what the CBSA officer would have said, right?
 

canuck78

VIP Member
Jun 18, 2017
55,605
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Hello Respectable friends,
I need solution to get started with my case as I got PR as principal applicant in 2012 and, not able to meet residency obligations due to short stay at Canada. I appealed IAD and couldn't attend the hearing due to covid-19 any way. Again applied for PRTD and denied by IAD. I am not aware about my PR status whereas my family got citizenship. Now I came back in Canada with a wish to reside here with my family and entered in Canada through land border and officer has permitted me to enter by saying that go on and apply for further proceedings. My dear friends, i am confused about the further procedure to get my PR status. Please suggest needful.
Regards.
Are you sure you still are a PR if you never appealed? Are you from a visa example country? If so did you have an ETA? How much time have you spent in Canada since 2012? Did you regularly visit or spend periods of time living in Canada? Do you have a record of paying taxes as a tax resident since 2012 if your family (spouse and children) have been living in Canada? Do you still have dependent children and a spouse living in Canada? Did you apply for Pr card renewal? If so when? When did you apply for PRTD?
 

steaky

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Nov 11, 2008
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Are you sure you still are a PR if you never appealed? Are you from a visa example country? If so did you have an ETA? How much time have you spent in Canada since 2012? Did you regularly visit or spend periods of time living in Canada? Do you have a record of paying taxes as a tax resident since 2012 if your family (spouse and children) have been living in Canada? Do you still have dependent children and a spouse living in Canada? Did you apply for Pr card renewal? If so when? When did you apply for PRTD?
Visa example country?
 

dpenabill

VIP Member
Apr 2, 2010
6,435
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. . . i am confused about the further procedure to get my PR status. Please suggest needful.
Given the denial of the appeal to the IAD, it is very likely (almost certain) that you are NOT a Canadian Permanent Resident. You should be able to confirm this by calling the IRCC telephone help centre; this may require some preparation in terms of being able to clearly communicate your identity and client identification number (in order to get personal information not just FAQ responses), and some persistence in repeatedly calling to get through, and some persistence and patience in how you engage in the call. If language is potentially a difficulty, be sure to have someone assist you in making the call.

That said, since it is almost certain you are a Foreign National (FN), and NOT a PR, you can probably skip that effort and proceed with making an application for PR. An inland spousal sponsored PR application is probably your best bet, assuming the reference to "your family" having citizenship includes your spouse. There is another part of the forum where you can get more information about applying for family class PR. An inland spousal sponsored PR application would allow you to remain in Canada pending the grant of PR status.


The OP states that they could not appeal the IAD, so their PR status is already in peril.
As noted above, it appears (very much so) that the OP is a FN, not a PR.

In particular, if the OP appealed a decision denying a PR Travel Document, and that appeal has been denied by the IAD, as the OP indicates has happened, they are NOT a PR. They are a Foreign National.

Again applied for PRTD and denied by IAD.
(Emphasis added; full quote of OP's post below)

As referenced above, this means to have PR status they will need to qualify and apply for PR status. Family sponsorship, if they are eligible to be sponsored, is one way of obtaining PR status, among the others.

While the OP is less clear about the outcome of an appeal for a previous PR TD application, just referring to having appealed and "couldn't attend the hearing due to covid-19 any way," there is no indication that appeal was successful. Not certain, but it appears most likely the first appeal was denied, and whatever the grounds for that decision were, the later PR TD application and appeal probably denied because the OP is not a PR.

It matters not what the CBSA officer would have said, right?
Not sure what the exchange with the border officials was about, but in terms of what the OP's current status is (almost for sure a FN, not a PR), yes indeed, it "matters not what the CBSA officer would have said."

That said, it further seems likely border officials allowed the OP entry as a visitor allowing them to in effect reunite with family, at least temporarily, perhaps specifically allowing the former PR an opportunity to pursue an inland spousal sponsored PR application.

Not sure why @canuck78 is asking "did you have ETA?" Since the OP did clearly say they had come back to Canada "and entered in Canada through land border." Sure, if the OP has a visa-exempt passport (seems likely but since border officials allowed entry, and OP is now IN Canada, whether the OP is IN Canada as a visa-exempt visitor or pursuant to visitor status granted at the PoE, is largely irrelevant), and obtained eTA for travel to Canada by commercial air, that would conclusively indicate the OP is a FN, not a PR. But that, again, is clear enough given that multiple applications for a PR TD have been denied, and the appeal to the IAD was denied for at least the later one (albeit most likely both).

Also not sure why @steaky is suggesting the OP renounce PR status since, again, it is sufficiently clear the OP does not have PR status.


Hello Respectable friends,
I need solution to get started with my case as I got PR as principal applicant in 2012 and, not able to meet residency obligations due to short stay at Canada. I appealed IAD and couldn't attend the hearing due to covid-19 any way. Again applied for PRTD and denied by IAD. I am not aware about my PR status whereas my family got citizenship. Now I came back in Canada with a wish to reside here with my family and entered in Canada through land border and officer has permitted me to enter by saying that go on and apply for further proceedings. My dear friends, i am confused about the further procedure to get my PR status. Please suggest needful.
Regards.
 
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steaky

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Nov 11, 2008
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Also not sure why @steaky is suggesting the OP renounce PR status since, again, it is sufficiently clear the OP does not have PR status.
Not sure why you didn't read the sentence of OP's first post under "Hello Respectable friends". Do you know what's a "visa example country"?
 

dpenabill

VIP Member
Apr 2, 2010
6,435
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Not sure why you didn't read the sentence of OP's first post under "Hello Respectable friends". Do you know what's a "visa example country"?
There is no reason to think I did not read the entirety of the OP's post, including whichever sentence you are referring to. To be clear, I did read the OP's post, the entirety of the first as well as the others.

I am not for sure certain, but it is likely the reference to a "visa example country" by @canuck78 was intended to be "visa exempt country." Fairly easy to navigate that obvious typo; but you could pose your question ("Do you know what's a 'visa example country'?") to @canuck78 if you are still curious about that.

In regards to the OP, nonetheless, since the OP is NOW IN Canada, it does not matter at this stage if the OP is from a visa exempt country.

Also does not matter that the OP had previously only stayed in Canada for a short period of time and failed to comply with the RP Residency Obligation. It is clear enough the OP currently does NOT have PR status (IAD denied appeal, most likely denied two appeals). The OP has no PR status to renounce.
 
Last edited:

kanwal jeet

Member
Mar 17, 2024
11
0
Hello Jeet,

Greetings! May I ask you which land boarder did you use to enter into Canada. Did the immigration officer ask you to sign on any paper and revoke your PR status. If not , then you don’t need to apply for PR again in other pathway. If you could share your conversation with immigration officer at the boarder .

Warm regards,

Eusufzai
Respected Eusufzai,
Thanks for your reply. Immigration officer asked me for COPR. I gave him. a minute after scanned my latest RX1 visa, officer said to my son who accompanied me from USA, "travel history reveals that applicant is not willing to reside here. But, this time I allow you to enter, go on and apply for further proceedings." I and my son and wife entered Canada by honoring immigration officer. It hardly taken a minute in whole process.
Regards,
 

steaky

VIP Member
Nov 11, 2008
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There is no reason to think I did not read the entirety of the OP's post, including whichever sentence you are referring to. To be clear, I did read the OP's post, the entirety of the first as well as the others.

I am not for sure certain, but it is likely the reference to a "visa example country" by @canuck78 was intended to be "visa exempt country." Fairly easy to navigate that obvious typo; but you could pose your question ("Do you know what's a 'visa example country'?") to @canuck78 if you are still curious about that.

In regards to the OP, nonetheless, since the OP is NOW IN Canada, it does not matter at this stage if the OP is from a visa exempt country.

Also does not matter that the OP had previously only stayed in Canada for a short period of time and failed to comply with the RP Residency Obligation. It is clear enough the OP currently does NOT have PR status (IAD denied appeal, most likely denied two appeals). The OP has no PR status to renounce.
If you are not a PR, would you apply for PRTD? Also OP had a RX-1 visa. It's a counterfoil coding of a travel document issued to a permanent resident...
 
Last edited:

kanwal jeet

Member
Mar 17, 2024
11
0
Are you sure you still are a PR if you never appealed? Are you from a visa example country? If so did you have an ETA? How much time have you spent in Canada since 2012? Did you regularly visit or spend periods of time living in Canada? Do you have a record of paying taxes as a tax resident since 2012 if your family (spouse and children) have been living in Canada? Do you still have dependent children and a spouse living in Canada? Did you apply for Pr card renewal? If so when? When did you apply for PRTD?
Respected Member canuck,
Thanks for kind reply. My answer as follows :
1. I only appealed in IAD (notice to appeal) after applied my PR renewal application present in Canada in Dec. 2012.
2. No, I don"t belongs to Visa exempt country.
3. No, I never applied for ETA. There was a provision in notice to appeal proceedings to get PRTD to enter once in Canada to join hearings in person. so I applied for PRTD and got RX1 visa and visited Canada. due to covid I got a long date and therefore returned to my native country. As and when date of hearing had been drawing near, I again requested for PRTD, but visa officer has denied with a view that IAD lawyer has opposed and the visa can not be issued. There after I appealed for internet provision to attend hearings. But could not attend due to internet failure.
4. When I applied for renewal of my PR card, the days spent was counted by IAD were 448.
5. I have frequent visits to and fro during this period and the entries counted as 12 nos. travel entries in 5 year period.
6. I came here on one of PNP business program and started a transport company in Canada to comply the investment regulations. Paid regular taxes. After that I started a foreign subsidiary in my native company holding the stake of 99% shares of Canadian company.
7. My family includes, my spouse, daughter and son resides here as Citizen.
8. I every time sent maintenances amount to my family.
9. I applied PR renewal well in time of its expiration. Now I see that application of my renewal has eliminated on immigration portal.
10. Now I renewed my driving License and medical health card.
11. Now I didn't applied for any PRTD. I came through land boarder and Immigration officer allowed me to enter this time and suggested to apply for necessary process.
Regards,
 

kanwal jeet

Member
Mar 17, 2024
11
0
Respectable friends,
Thanks for your kind advice. It is very helpful and now it make sure that I have lost my PR status and should apply through Spousal Sponsorship program. Respected members, kindly keep update the new members who seeks advice. New members always put irrelevant questions for necessary solutions. It is your kind heart that you give valuable suggestions to set right their case.
Regards,