Thread for applicants of NEW DELHI 2010!

[eb1]

PR does not become invalid automatically if he meets the criteria. So CHC ND would like to know if the person who is being sponsored by someone in Canada is still a Canadian PR or Indian citizen. because it makes a huge difference and reduces a burden on CHC ND if that person is still eligible to continue his PR status in which case sponsorship by someone is not required.

yes kuku, I agree...but he did not stay the minimum two years required, which means that his PR expires nevertheless...but I am not sure with CHC ND, you could be right here :S

 

[rajneet]

Hey siva r first AOR FROM CPCM 6 dec
And CPC ND PPR ON 18 January
Pp sent on 25

 

[kuku]

yes kuku, I agree...but he did not stay the minimum two years required, which means that his PR expires nevertheless...but I am not sure with CHC ND, you could be right here :S

Yeah they could have checked by them selves if they wish. They have an entire system to get arrival-departure records of a PR holder. They can check it and get the number of days he stayed in the country. But again it becomes a long process and by law entirely a new case ( i.e. application for travel document out side the country) and that goes to a different department which could have wasted a more time so they rather preferred to call him for interview on the same case and rejected his travel document.

but again, we have to remember that we are dealing with world's most inconsistent department known as CHC ND. anything can happen any time. No one can predict.

 

[mapledreams]

@ Siva

Well, you should be happy if I disagree as well, that gives you the chance to debate with me

 

[balibali]

siva, kuku, maple dreams, shamsia, ajay & all the guys/girls in the forum; i think i should take a break from the forum n start studying.
im "devoting" too much time here

kuku & siva - ill message u my email address. please email me when they reach september files or something eye popping happens

may the universe grant me strength to stay away from posting here.

 

[kuku]

siva, kuku, maple dreams, shamsia, ajay & all the guys/girls in the forum; i think i should take a break from the forum n start studying.
im "devoting" too much time here

kuku & siva - ill message u my email address. please email me when they reach september files or something eye popping happens

may the universe grant me strength to stay away from posting here.

you can check it on regular interval remaining a silent member.

 

[sivathegreat]

PR does not become invalid automatically if he meets the criteria. So CHC ND would like to know if the person who is being sponsored by someone in Canada is still a Canadian PR or Indian citizen. because it makes a huge difference and reduces a burden on CHC ND if that person is still eligible to continue his PR status in which case sponsorship by someone is not required.

Kuku,
I maybe wrong. but this is what I know, To maintain ones PR status in Canada a minimum residency obligation has to be met.
(This is non-negotiable) This is the IRPA Law (see section A28(1), A28(2)(a) of the IRPA
Residency obligation: A permanent resident must comply with a
residency obligation with respect to every five-year period
(namely, test of 730 days/5 years).

Suppose if the person leaves Canada and stays overseas thereby did not fulfill the obligation

a) Pre-PR card (before 2002)
Those days there was no PR-Card.
They might have been issued a Record of Landing and an Immigrant Visa (IMM 1000)
Using this Visa they used to travel up and down within the Visa period
They used this Immigrant Visa as a "Travel Document"
(The Indian Immigration authorities will see this and allow you out, the CBSA will see this and allow you in)

For discussion let us take an example Mr. Munna Bhai who left Canada to India and stayed here for some time and his immigrant Visa expired
now he cannot "travel" to Canada because his "travel document" his expired.

Now we dont know whether Munna Bhai satisfied Residency Obligations or not. What ever it is he may satisfy or may not but still he needs "Travel document" to travel back to Canada. So he applies with CHC-ND for a travel document. The office then first has to determine his "residency obligation" and for this IRPA provided Section A31(3) (it is nothing but laws laid down on "how to" and "what to' for the VO)

If Munna Bhai had satisfied residence obligation then VO issues "Travel Document" if he doesnt then he is not issued a "travel document" stating that he has not met minimum residency obligations and he is "no more a Permanent resident of Canada"


b) Post-PR card (After 2002)
Say for example Mr. "Jaggu Dada" who is a close friend of Munna Bhai and same personality and a staunch follower of Bhai.
He became PR somewhere in 2003 and got the new shiny "PR card"..however Jaggu dada went back to India because Munna Bhai Called him for some joint "danda" .

Now Jaggu dada wants to go back to Canada. two situations

1) He has a PR card which is vald - He can simply take a flight to Canada
2) His PR card is expired - He cannot "travel", Indian Immigration will not allow him. She he has to apply with CHC-ND

now like what they did with Munna Bhai. They will check Jaggu Dada "minimum residency obligation" if he satisfies then he may be given a "Travel Document" so he applies through IMM 5254. Once he re-enters Canada he can will apply for PR Card. Since to my knwoledge PR card is made and issued in Canada only (it is in-country service) only things issued abroad are VISA and COPR.

So in explaining here I have understood EB's case (before that I didnt)
Her husband left to India. His PR expired.
She applied for Spouse Visa through the regular process

CPC-M noted that this person is a PR however not able to (lazy bums..)
or did not want to take the head ache of "Determining PR status" of her husband

so they just said "Apply to your VO" (what for just to get a "travel document"?? you very well know that they will not give)
so that they can determine the residency status of her husband and if he qualifies ND can issue a Travel document
and he can come here as a PR.

However what makes me angry is the "determination part" can be done here in CPC-M
there should have been some way or eb could have said "just do your job, just process it"

what is it going it take for them to determine her husband "residency obligation status" at CPC-M??
It might the stupid law..something might have prevented them from doing it

 

[sivathegreat]

siva, kuku, maple dreams, shamsia, ajay & all the guys/girls in the forum; i think i should take a break from the forum n start studying.
im "devoting" too much time here
kuku & siva - ill message u my email address. please email me when they reach september files or something eye popping happens
may the universe grant me strength to stay away from posting here.

I wanted to do the same man. I am working from Home
and could not complete my projects..!!!

spending too much time here!
best of luck!

 

[kuku]

However what makes me angry is the "determination part" can be done here in CPC-M
there should have been some way or eb could have said "just do your job, just process it"

what is it going it take for them to determine her husband "residency obligation status" at CPC-M??
It might the stupid law..something might have prevented them from doing it

Well CPC M works for sponsorship files. Travel documents and PR card renewal is done at other office. So that is what I said in my post, it becomes entirely a new application and they have to spend separate resources and it might take even longer than calling an applicant for personal interview and giving the decision.

 

[newdelhi2011]

siva, kuku, maple dreams, shamsia, ajay & all the guys/girls in the forum; i think i should take a break from the forum n start studying.
im "devoting" too much time here

kuku & siva - ill message u my email address. please email me when they reach september files or something eye popping happens

may the universe grant me strength to stay away from posting here.

nahiiiiiiiii.... yea hani ho sakta.
We know you will come back within a day . Just check once a day. Don't be a silent observer.
But do focus on your exams and make us proud

 

[shamsia]

siva, kuku, maple dreams, shamsia, ajay & all the guys/girls in the forum; i think i should take a break from the forum n start studying.
im "devoting" too much time here

may the universe grant me strength to stay away from posting here.

Lol, all the best ;D Your next aim is to quit facebook, right? :

 

[sivathegreat]

Well CPC M works for sponsorship files. Travel documents and PR card renewal is done at other office. So that is what I said in my post, it becomes entirely a new application and they have to spend separate resources and it might take even longer than calling an applicant for personal interview and giving the decision.

I agree, I saw your post later after I wrote this story!
maybe if eb could have researched first..but how will she know that?
but still CPC-M is given an application and they should process it and not return it
I think they just didnt know, or did not spend much time
just "passed the buck.."

 

[eb1]

@ siva

the ifs and buts have been exmained, seriously 'been there done that'...and I have stopped looking at the possibilities..wish our parents would have agreed, wish he wouldn't have gone, wish he would have come back before his PR expired,,,also to a point that wish the world was not divided into f..ing countries..arggghhh!!

 

[kuku]

I agree, I saw your post later after I wrote this story!
maybe if eb could have researched first..but how will she know that?
but still CPC-M is given an application and they should process it and not return it
I think they just didnt know, or did not spend much time
just "passed the buck.."

one has to voluntarily declare to CIC that he/she is withdrawing his/her PR status/card. Getting a PR card/status from some country is not only a 2 letter word as it seems from its name. It is an immigration issue. So not declaring it and later applying for some other class of visa does not necessarily make it void. Your name and for that matter your entire record is there in their file as a PR of Canada. It is your responsibility to inform that if you are out of status and you do not want it any more.


I have noticed that Canadian PR card does not hold much importance for those who have it as compared to USA green card. The only reason is - it is extremely tough to get green card by your own unless you marry a US citizen or someone from your blood relative filed it before 15 years.

P.S nothing against eb1 here. This is a general comment. No offense intended.

I agree that CPC M should not have returned the file only because of this issue. but again it is not their duty to deal with PR renewal cases. So I think it was good that they returned the file and eb could apply within a short time. If they had transferred it to the office responsible to work on renewal cases then it would have taken more than 6 months to get the decision. So what they did is the right thing.

 

[sivathegreat]

one has to voluntarily declare to CIC that he/...

I agree with most of what you said.
Maybe this discussion will help some body in the future as a good start!