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Urgent HELP of relinquishment of PR paper work!!!

Jessie21

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I am currently outside Canada.
I am preparing to determine my PR status of Canada because my PR card was expired and I am re-applying the PR under the 5.4 FSW.
My vo send an email to me that, a determination of my PR is required before processing my application.They want me submit all information required within 30 days!!

Referring the IMM 5539B form, I can't find any guide on the official website.






1 Who is Minister's Delegate? Dose it mean government officials of Canada or of my current citizenship country?
2 Who can I find to be my deponent?
3 Do I need both a deponent AND the Minister's Delegate to sign my form?
4 If I don't need a interperter, can I leave the blank empty?


Really appreciate any sooner reply!
 

PMM

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Jessie21 said:
I am currently outside Canada.
I am preparing to determine my PR status of Canada because my PR card was expired and I am re-applying the PR under the 5.4 FSW.
My vo send an email to me that, a determination of my PR is required before processing my application.They want me submit all information required within 30 days!!

Referring the IMM 5539B form, I can't find any guide on the official website.






1 Who is Minister's Delegate? Dose it mean government officials of Canada or of my current citizenship country?
2 Who can I find to be my deponent?
3 Do I need both a deponent AND the Minister's Delegate to sign my form?
4 If I don't need a interperter, can I leave the blank empty?


Really appreciate any sooner reply!
1. A Visa Officer at the overseas office where you submit it.
2. You are the deponent
3. See 1. & 2.
4. Put N/A.
 

Msafiri

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Jessie21,

I recall this was raised in your thread below:

http://www.canadavisa.com/canada-immigration-discussion-board/-t142384.0.html

The fastest way to relinquish your PR is to apply for a Travel Document. Include in your TD application a letter that you accept you don't meet the Residence Obligation and waive all appeal rights. You will get a refusal of the TD with a right of appeal which is an admin task in case you change your mind. If you don't appeal in 60 days then your PR status is formally cancelled and you will be classed a foreign national in dealings with CIC. The visa post may still send your a voluntary relinquishment form IMM5539B but the TD route is the new way CIC are dealing with PR abandonment overseas.

Do you meet the criteria for the new FSW? You realize you and your spouse/ dependent children must pass medicals and/or security checks again. Not sure of the new time line for FSW applications through the London visa post but check on the FSW thread.

Good luck
 

Jessie21

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Msafiri said:
Jessie21,

I recall this was raised in your thread below:

http://www.canadavisa.com/canada-immigration-discussion-board/-t142384.0.html

The fastest way to relinquish your PR is to apply for a Travel Document. Include in your TD application a letter that you accept you don't meet the Residence Obligation and waive all appeal rights. You will get a refusal of the TD with a right of appeal which is an admin task in case you change your mind. If you don't appeal in 60 days then your PR status is formally cancelled and you will be classed a foreign national in dealings with CIC. The visa post may still send your a voluntary relinquishment form IMM5539B but the TD route is the new way CIC are dealing with PR abandonment overseas.

Do you meet the criteria for the new FSW? You realize you and your spouse/ dependent children must pass medicals and/or security checks again. Not sure of the new time line for FSW applications through the London visa post but check on the FSW thread.

Good luck

Thank you so much, Msafiri!

I am wondering how can I get the signature from a Minister's Delegate. Is this means I should take an interview in the Visa Office? They want me the submit all the information needed in 30 days by mail, not in person. How can I solve this?

About the Form 5524(Application for a travel document(PR abroad)), section 13, could you help out how to fill?

13 Answer "yes" or "no"
A. Were there any terms and conditions applied to you at the time you were granted permanent residence or landed in Canada?
B. Have you ever lost your status as a permanent resident of Canada?
C. Have you ever submitted an appeal to the Immigration Appeal Division of the Immigration and Refugee Board against a decision on the residency obligations?
D. Have you ever been issued a Returning Resident Permit or a Travel Document?

if you answered "yes" to any of the questions above, provide details below.


My PR card was expired back in 2010, and I didn't meet the residency obligations. I stayed in Canada for only 10 days and never back again. So I know the answer to C and D is "no", how about A and B?

Thank you !!!!
 

Jessie21

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Msafiri said:
Jessie21,

I recall this was raised in your thread below:

http://www.canadavisa.com/canada-immigration-discussion-board/-t142384.0.html

The fastest way to relinquish your PR is to apply for a Travel Document. Include in your TD application a letter that you accept you don't meet the Residence Obligation and waive all appeal rights. You will get a refusal of the TD with a right of appeal which is an admin task in case you change your mind. If you don't appeal in 60 days then your PR status is formally cancelled and you will be classed a foreign national in dealings with CIC. The visa post may still send your a voluntary relinquishment form IMM5539B but the TD route is the new way CIC are dealing with PR abandonment overseas.

Do you meet the criteria for the new FSW? You realize you and your spouse/ dependent children must pass medicals and/or security checks again. Not sure of the new time line for FSW applications through the London visa post but check on the FSW thread.

Good luck

My new application under 5.4 FSW has already received PER. I guess they have to deal with the Permanent Resident Status Determination before process my new PR application. 29 days left only!
 

Msafiri

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Jessie21 said:
Thank you so much, Msafiri!

I am wondering how can I get the signature from a Minister's Delegate. Is this means I should take an interview in the Visa Office? They want me the submit all the information needed in 30 days by mail, not in person. How can I solve this?

About the Form 5524(Application for a travel document(PR abroad)), section 13, could you help out how to fill?

13 Answer "yes" or "no"
A. Were there any terms and conditions applied to you at the time you were granted permanent residence or landed in Canada?
B. Have you ever lost your status as a permanent resident of Canada?
C. Have you ever submitted an appeal to the Immigration Appeal Division of the Immigration and Refugee Board against a decision on the residency obligations?
D. Have you ever been issued a Returning Resident Permit or a Travel Document?

if you answered "yes" to any of the questions above, provide details below.


My PR card was expired back in 2010, and I didn't meet the residency obligations. I stayed in Canada for only 10 days and never back again. So I know the answer to C and D is "no", how about A and B?

Thank you !!!!
The Minister's delegate would be the visa officer and you would sign this as the deponent at the visa post in person before the visa officer if you went with the IMM 5539B route. This is longer since you have to schedule an appointment with the visa post hence the TD Form 5524 route being preferable.

In regards to the TD answer no to all Q13. 'A' is being referred to further medical checks, paying a government fee etc as a condition to finalize your landing. 'B' doesn't apply yet since you are still a PR until the TD is refused and the appeal timeline passed.
 

Jessie21

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Msafiri said:
The Minister's delegate would be the visa officer and you would sign this as the deponent at the visa post in person before the visa officer if you went with the IMM 5539B route. This is longer since you have to schedule an appointment with the visa post hence the TD Form 5524 route being preferable.

In regards to the TD answer no to all Q13. 'A' is being referred to further medical checks, paying a government fee etc as a condition to finalize your landing. 'B' doesn't apply yet since you are still a PR until the TD is refused and the appeal timeline passed.
Thanks!
I have a new question. Do you mean that if I need the IMM 5539B route, I should finish IMM 5524 TD form first? Wait until the result of the TD application?
 

Msafiri

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Jessie21 said:
Thanks!
I have a new question. Do you mean that if I need the IMM 5539B route, I should finish IMM 5524 TD form first? Wait until the result of the TD application?
Usually you go with one of them not both. However CIC's most recent Operational Bulletin refered to a Residency Obligation determination/ review being carried out in all relinquisment cases. This could mean that if you go with the IMM 5539B which doesn't have an RO review section the visa post may decide to still ask you to fill out a form IMM 5524 which has an RO review section.

Administrativley its easier to do the TD application for the visa post and you since you don't have to schedule an appointment for the IMM 5539 signing process it will get your PR relinquished faster.
 

Jessie21

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Msafiri said:
Usually you go with one of them not both. However CIC's most recent Operational Bulletin refered to a Residency Obligation determination/ review being carried out in all relinquisment cases. This could mean that if you go with the IMM 5539B which doesn't have an RO review section the visa post may decide to still ask you to fill out a form IMM 5524 which has an RO review section.

Administrativley its easier to do the TD application for the visa post and you since you don't have to schedule an appointment for the IMM 5539 signing process it will get your PR relinquished faster.
I understand you now. Before they sign the 5539,they should have a RO review, which is the TD application. In my understanding , the procedure may be:


1. I submit a PRTD application to the VO(Do I need to enclose the information about my new PR application?).
2. They will check and find out I don't meet the residency obligation and can not issue PRTD to me.
3. They may ask for an interview to sign some relinquishment forms such as 5539B.
4. A determination of my PR status is made. The determination and a declaration with the Minister's Delegate's signature will be given to me. (Is the determination some kind of paper document that I can get?)
5. I mail the final deternimation result to my new PR application VO.



The original eamil I received is as follow. Could you please check for me, is my understanding right? what should I do next?
Thank you so much!

Dear

This refers to your application for a Canadian Permanent Resident Visa. Our records indicate that you are a permanent resident of Canada. A determination of your permanent resident status is required before our office may proceed with your Permanent Resident Visa application. In order to do so, you must review the attached documents and select the scenario that best applies to your situation.

Please find the attached documents for your review and completion:

i. PRTD instructions, scenarios and checklist;
ii. Application for a Travel Document (IMM5524E);
iii. Consent to Decision on Residency Obligation and Waiver of Appeal Rights per A46(1)(b)
iv. Voluntary Relinquishment of Permanent Status/Residency Obligation Met (IMM5539B).


Step 1
Review the PRTD instructions, scenarios and checklist form to determine which scenario best applies to your situation. Be sure to follow the instructions and checklist to ensure that you submit all required documentation.
Step 2
Be sure to fully complete all required forms, as outlined in the checklist. This includes signing all documents as required. Please note that for applicants who are minors, it is the guardian's responsibility (usually the parents) to determine what is in the best interest of the child and to decide accordingly. All documents must be signed by the applicant or guardians (if the applicant is under 18 years old) prior to submission.
Step 3
Include a copy of this message with your documents and submit them to our office by mail/courier. You must submit ALL YOUR PASSPORTS covering the period from when you first landed in Canada until present.
Due to the volume of requests, our office is unable to provide individual assistance in completing application forms. Applicants should respond to all questions to the best of their ability and provide a separate explanation where appropriate. Our application kits list which documents are required. The applicant should complete all parts of the application and provide all requested documents. Applications which are not fully completed or do not enclose required documents will normally be withdrawn or refused.

Please submit the requested documents and information within 30 days of the date of transmission of this email. If you require further time, please contact us as soon as possible with an explanation for any requested extensions.

Our office cannot provide applicants with individual guidance; this is to ensure that all applicants receive consistent advice.


Yours sincerely,
Visa and Immigration Section
 

Msafiri

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Interesting approach by the Visa post as it seems an overkill to issue both the TD and IMM5539B. However visa posts have some latitude in how they operate as long as its with the Immigration legislation.

Fill out both forms as applicable and mail to visa post including a cover letter stating you expect the TD to clarify your situation but are ready to attend the visa post for signing/ witnessing of the IMM5539B. Keep copies of your filled forms. I expect the visa post to proceed with TD refusal and not sweat the IMM5539B but hey let them deal with that.

Send all documents by courier or registered mail so there is proof of delivery - include document type and number in the cover letter e.g. UK passport # 123456 etc.
 

Jessie21

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Msafiri said:
Interesting approach by the Visa post as it seems an overkill to issue both the TD and IMM5539B. However visa posts have some latitude in how they operate as long as its with the Immigration legislation.

Fill out both forms as applicable and mail to visa post including a cover letter stating you expect the TD to clarify your situation but are ready to attend the visa post for signing/ witnessing of the IMM5539B. Keep copies of your filled forms. I expect the visa post to proceed with TD refusal and not sweat the IMM5539B but hey let them deal with that.

Send all documents by courier or registered mail so there is proof of delivery - include document type and number in the cover letter e.g. UK passport # 123456 etc.

In the email, I noticed IMM 5539B named "Declaration: relinquishment of permanent resident status/residency obligation met". There is another one 5538B named "Declaration: relinquishment of permanent resident status/residency obligation not met" So I am quite confused now. Is 5539B the form I need?

When you say Fill out both forms do you mean leave the Minister's Delegate's signature blank? There is another "Consent to Decision on Residency Obligation and Waiver of Appeal Rights per A46(1)(b)" should be signed by a witness and Minister's Delegate's signature as well. Which I can't abtain now.
I am afraid if I send the forms without signature to them, they will directly refuse my application.
 

Jessie21

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Msafiri said:
Usually you go with one of them not both. However CIC's most recent Operational Bulletin refered to a Residency Obligation determination/ review being carried out in all relinquisment cases. This could mean that if you go with the IMM 5539B which doesn't have an RO review section the visa post may decide to still ask you to fill out a form IMM 5524 which has an RO review section.

Administrativley its easier to do the TD application for the visa post and you since you don't have to schedule an appointment for the IMM 5539 signing process it will get your PR relinquished faster.
In the recent Operational Bulletin you mentioned, it says "use fee exemption code for PRTD file" in the fee applicable area. In this case, do I need to pay the fee for PRTD application? But I can't find any code related to this. How should I deal with it?
 

Msafiri

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Jessie21 said:
In the email, I noticed IMM 5539B named "Declaration: relinquishment of permanent resident status/residency obligation met". There is another one 5538B named "Declaration: relinquishment of permanent resident status/residency obligation not met" So I am quite confused now. Is 5539B the form I need?

When you say Fill out both forms do you mean leave the Minister's Delegate's signature blank? There is another "Consent to Decision on Residency Obligation and Waiver of Appeal Rights per A46(1)(b)" should be signed by a witness and Minister's Delegate's signature as well. Which I can't abtain now.
I am afraid if I send the forms without signature to them, they will directly refuse my application.
You've got to a point where you need to fill the forms as best as you can and let CIC get back to you if they so wish. Get a friend/ family member to witness where you signed and leave the Minister delegate sections blank. Visa post will call you in if they want to. I think with the PRTD route they won't bother but they may. IMM5538B is the one you need since you don't meet the Residence Obligation.

Jessie21 said:
In the recent Operational Bulletin you mentioned, it says "use fee exemption code for PRTD file" in the fee applicable area. In this case, do I need to pay the fee for PRTD application? But I can't find any code related to this. How should I deal with it?
Fee exemption code is an internal CIC instruction that appears to be for accounting purposes. Just pay the 50 bucks for TD processing. CIC can always give you a refund but you don't want to hold the hold process up.
 

Jessie21

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Msafiri said:
You've got to a point where you need to fill the forms as best as you can and let CIC get back to you if they so wish. Get a friend/ family member to witness where you signed and leave the Minister delegate sections blank. Visa post will call you in if they want to. I think with the PRTD route they won't bother but they may. IMM5538B is the one you need since you don't meet the Residence Obligation.
Fee exemption code is an internal CIC instruction that appears to be for accounting purposes. Just pay the 50 bucks for TD processing. CIC can always give you a refund but you don't want to hold the hold process up.
Thank you so much!
I guess I will just do the best as I can. Send the filled IMM 5539B to them with a cover letter to explain. 'Cause I can't get IMM 5538B anywhere including the official website. I can only wait for them to send to me.
I will keep you posted.
 

Jessie21

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Msafiri said:
You've got to a point where you need to fill the forms as best as you can and let CIC get back to you if they so wish. Get a friend/ family member to witness where you signed and leave the Minister delegate sections blank. Visa post will call you in if they want to. I think with the PRTD route they won't bother but they may. IMM5538B is the one you need since you don't meet the Residence Obligation.
Fee exemption code is an internal CIC instruction that appears to be for accounting purposes. Just pay the 50 bucks for TD processing. CIC can always give you a refund but you don't want to hold the hold process up.
Hi, Msafiri

I got reply from CIC, please read the reply below:

Dear Sir/Madam,

Please fill out the following forms and return them to our office via email as scanned attachments, clearly showing your original signatures:

- Consent & Waiver Declaration - Relinquishment;
- Application for a Travel Document PR Abroad - IMM5524E ("PRTD").

Please do not submit any fees, as the relinquishment process is fee exempt.

Upon receipt of your submissions, we will assess your prior permanent resident status according to the information you provide and record it in our system. If you do not meet residency requirements under Section 28 of the Immigration & Refugee Protection Act, we will issue you a refusal letter. As soon as your PRTD refusal and relinquishment status are finalized, we will resume processing of your current permanent residence application.

As always, please be sure to provide your file number (and UCI if available).

Thank you for your cooperation and understanding.


Things suddenly become easy. Thank you for your help all the way! One last question:
Should I include the witness's signature as well? Are you sure the family member can be a witness, such as my husband or my parents?

Thank you so so so much!