RO Appeal process

[Anniey]

Hello Members
I did not get any reply so reposting.

I am in breach of RO and in case PRTD is denied:
Any useful web link you can provide me to know the process of filing an appeal, paper work, fees and other formalities.
What types of documents should I keep ready to expedite the formality in time?
Is it compulsory to file an appeal in the country where PRTD is denied or my husband/ or Attorney, can also do the formality in Canada on my behalf?

I have only expired PR card, Sin card and CoPR, will there be any problem in applying for driving license and health card in Ontario? (in case I enter without getting reported via US land border)
Hope to get some info this time.
Thanks.

 

[HamiltonApplicant]

Hello Members
I did not get any reply so reposting.

I am in breach of RO and in case PRTD is denied:
Any useful web link you can provide me to know the process of filing an appeal, paper work, fees and other formalities.
What types of documents should I keep ready to expedite the formality in time?
Is it compulsory to file an appeal in the country where PRTD is denied or my husband/ or Attorney, can also do the formality in Canada on my behalf?

I have only expired PR card, Sin card and CoPR, will there be any problem in applying for driving license and health card in Ontario? (in case I enter without getting reported via US land border)
Hope to get some info this time.
Thanks.

I applied for driving license and health card in Ontario without a PR card. There were some questions regarding date of my arrival though...

 

[Anniey]

In the absence of PR card, Which document did you show them (how old) and did you get driving license and health card??
What type of questions?
Please share.

 

[HamiltonApplicant]

In the absence of PR card, Which document did you show them (how old) and did you get driving license and health card??
What type of questions?
Please share.

My timeline: Became PR in Nov 2010, Moved to Canada in Jun 2012. Applied for health card and driver's license in Jul 2012, Applied for PR in Oct 2012, received PR card in Mar 2013.

I took my valid passport and Landing paper(CoPR) to Service Ontario. The passport had the stamp of landing, ie Nov 2010. I moved to Canada by land, and, therefore did not have any entry stamp on my passport. They asked me for that missing stamp at Service Ontario because PRs will have to wait 3 months before health card can be issued. I explained that I entered by land & the officer did not stamp the entry. The Service Ontario person said something with a hint of disapproval, but processed my application anyway.

 

[Anniey]

Thanks @ha.
Any member who can shed some light on RO Appeal process or provide web link??

 

[HamiltonApplicant]

Thanks @ha.
Any member who can shed some light on RO Appeal process or provide web link??

http://www.irb-cisr.gc.ca/Eng/BoaCom/references/procedures/Pages/ProcessResObl.aspx

 

[Anniey]

Hello members

I am applying for PRTD from my home country.
If it is rejected then is it compulsory to file an appeal from my home country or I can file it from Canada (after coming here through US border during appeal period of 60 days)?
Number of days will be 60 to file an appeal and if I want to file it from Canada then the days will remain the same or some change?

Please let me know.
Thanks.

 

[rish888]

There is no filing an appeal in your home country.

All appeals are filed with the IAD division of the IRB in Canada. Depending on where you resided in Canada last, you will need to file it with the IAD branch responsible for that area.

If your PRTD is denied and you appeal, you can enter Canada by land.

In Ontario, from what I have seen on government websites, you can use your CoPR as proof of PR status. If you are denied your PRTD and appeal, you can get a 1 year PR card that can be used for travel, proof of PR etc.

I believe (but am not sure) that it would be best to make a land entry after appealing. Otherwise you may be issued a departure order. Some other members on the forum can shed more light on this.

I hope your PRTD is approved and everything works out.

Best of Luck!

 

[Buletruck]

If youare denied your PRTD and appeal, you can get a 1 year PR card that can be used for travel, proof of PR etc.

Not necessarily true. If you haven't been in Canada in the previous year(365 days), they are not obligated or required to provide a PRTD.

 

[rish888]

Not necessarily true. If you haven't been in Canada in the previous year(365 days), they are not obligated or required to provide a PRTD.

Not PRTD, if OP enters via land border, he/she can get a temporary 1 year PR card while the appeal is being processed.

 

[Anniey]

Thanks.
If my PRTD is rejected and I enter via land border and establish myself in Canada till my hearing date,
Will it be a positive factor?
As my husband and son are already in Canada, will they give some weightage to this fact (strong family ties)?

 

[rish888]

If you really want to go settle in Canada and have the means to do so regardless of PRTD approval. (Specifically a U.S. visa to enter via land) then why not just enter at the land border anyway?

Anecdotal evidence has suggested that officers at the POE tend to be more forgiving than Visa officers at the embassy. I strongly suggest the land border route unless you have an extremely compelling H&C argument for staying outside for so long.

As far as establishment goes, establishing yourself in Canada is considered a positive factor. (However the weightage attached to this will be different.)

Family ties are a double edged sword. While generally having close family that depends on you in Canada is usually consider positive, this also reduces your argument for hardship you may face if you loose your PR status. (As your husband can sponsor you again.)

Is your husband in compliance with his residency obligation? If so can sponsor you for PR again if you don't want to deal with the appeal process.

At the land POE, instead of receiving an inadmissibility report, you can relinquish your PR and instead enter as a temporary resident for 6 months. During these 6 months you can prepare a fresh PR application as well as receive an open work permit that will allow you to stay in Canada while your PR is being processed. This option removes a lot of ifs and buts and also ensures that you don't need to leave Canada.

 

[Buletruck]

you can relinquish your PR and instead enter as a temporary resident for 6 months.

6 month entry is never guaranteed. Though quite likely, it is entirely possible that once relinquished, the OP may only be given sufficient time to clear up personal matters or denied entry entirely. That is entirely the decision of the CBSA officer you are dealing with.