what to do next, renewal denied.

[Chinapeach]

My husbands PR card renewal was approved in Canada but he lives in China mostly. He did complete 972 days either with me outside the country or in Canada within the last 5 years, however when he made his travel visa application to come to canada to get his PR card he was denied based on not meeting the residency obligations. They said they also considered humanitarian and compassion reasons but did not feel that it was in the best interest of the children involved to renew his PR card.

-I am a canadian citizen born in Canada. our 2 children together were born in Canada.

-We own a house together in Canada.
- i'm not currently working as with two small children we can't afford for me to work right now which means i can't sponsor him under another visa.


What is our best course of action here.. He lives in both places but works in China. He doesn't pay taxes in Canada but he supports us and sends us money to survive in Canada. Can we appeal? do we have a leg to stand on here.. I'm so sad. We got the news today that he was refused. It's the first time in 7 years that my husband will not be home for Christmas

I told my 3 year old daddy wasn't coming home , she asked me why? How do i explain this to a 3 year old?

Feel so sad, lost and frustrated. Please help?

 

[Msafiri]

1. What date was the in Canada PR Card renewal application signed?

2. What date was it mailed to CIC?

3. What date was it received by CIC?

4. What date was the Travel Document application made?

 

[steaky]

Assume your husband still carry an expired PR card, can't he apply a US visa using his Chinese passport? If he has a US visa, he probably can cross the land border to Canada (by non-commercial vehicle) for Christmas and get the renewed PR card.

 

[Chinapeach]

1- end of July
2. end of July
3. Early Aug
4. Dec 10th received 18th ( they use some visa center to gather documents then send them out)

My husband was here from start of July till early september ( 9th).. then went back to deal with his work in China. Alot of it he can do from here but some requires him to be physically present in China . Also he travels alot on top of it .

We received the notice saying his PR card was approved in early Nov late october and in Late Nov early Dec told us he can go pick it up.

 

[Chinapeach]

unfortunately.. getting a visa to US from china is alot of read tape and it's like 3 months for an interview.

 

[steaky]

No, my mother in law just got a US visa a few days ago. Your husband just need to pay the US visa fee, get a calling/pin card from CITIC bank, complete the online application form and arrange an interview using that calling/pin card. At the interview, the VO will ask questions like what his purpose of visit.

It doesn't need 3 months for an interview and there is no red tape.

 

[Chinapeach]

ok.. say we do that and it works..

What do we say the purpose of the visit is? transit? and what do we say when we cross over into Canada?

 

[steaky]

1. He can say tourism in the online form and tell the interviewer that he will meet you in Seattle/ Los Angeles, and then you guys will do some shopping on the way back to Vancouver, Canada;

2. At the Canadian border, the border officer usually ask 1) how long you been out of the country 2) Value of goods bringing 3) Where is home. Just tell them the truth!

 

[Chinapeach]

Thanks! He's going give it a shot!..

I always thought there was way more red tape the way my husband talks about going to US

 

[Msafiri]

1- end of July
2. end of July
3. Early Aug
4. Dec 10th received 18th ( they use some visa center to gather documents then send them out)

My husband was here from start of July till early september ( 9th).. then went back to deal with his work in China. Alot of it he can do from here but some requires him to be physically present in China . Also he travels alot on top of it .

We received the notice saying his PR card was approved in early Nov late october and in Late Nov early Dec told us he can go pick it up.

1. At PR Card renewal he had to show either 730 days of physical presence in Canada, 730 days accompanying a Canadian Citizen abroad or 730 days of a combination of the two between July 2007 and July 2012. CIC were on paper ok with his declared presence as they issued a PR card but the requirement to pick it up indicated they either wanted to verify his details or it was part of a routine QA.

2. Ditto for TD application i.e. 730 days between Dec 10, 2007 - Dec 10, 2012. Although he lost 2 months from PR Renewal in July the 972 days more than covers for this. Did he declare the same absences in both TD and PR Card renewal application? Does he have copies of his application forms? Its very odd for CIC to approve his PR Card then TD to be denied by the visa post with the cushion of 200+days.

3. Did he provide evidence of the time you were with him abroad e.g. copies of both your passports showing entries and exits to China?

4. Your immediate issue is that if you don't appeal the TD refusal within 60 days then his PR status is lost. Submit the appeal then go through the US visa route. As he has been to Canada at least once in the 365 days prior to TD refusal he can and should get a TD to attend his appeal though this is moot if he gets into Canada via the US.

5. Due to the TD refusal he will be flagged at entry into Canada and be extensively questioned. I'd expect CBSA to take his expired PR Card. He will have hassle travelling into Canada until the appeal is decided in his favour.

6. Appeals are currently taking 1 year to be listed before the Immigration Board. Some can't take the stress of this and sponsor the applicant. Depending on the spouse processing times in China you may want to consider this. You can sponsor as long as you are not on welfare or on an active bankruptcy. Some convictions exclude sponsorship. He would have to relinquish his PR voluntarily then apply to be sponsored. I'd go with the appeal route if you have documented your travels and have proof of being overseas together.

7. Until the appeal is decided his PR status is in limbo with no accumulation of time for PR or citizenship when he is in Canada.

 

[Chinapeach]

2. yes he sent all the same information to both places minus pictures of his family to TD because the Visa application center said it was no problem and he should get his Visa.

3. yes we provided copies of all pages of past and present passports. The only thing is when he enteres Canada he doesn't get stamped, he had 85% of his flight ticket confirmations by e-mail though.

4. Well even if he gets into the US and comes across.. Life doesn't stop he'll have to go back to China he cannot stay for a year or we'll all starve! If a appeal takes a year that means that other then trying to come through the US, my husband cannot see his children (2 and 3 years old) for year? I told him to wait 3 days before filing but to have everything ready so we fully understand what the reprocutions of everything is.

5. So your saying if he goes to US there is a strong possibility they wont let him in Canada?

6. Sponsorship took about a year in 2006 when we applied for it using an agency ( my husband hates paper work) we were in a better financial situation back then it was an option and his choice. So i would expect similar waiting times for both.

 

[Chinapeach]

is there any ways to collect all the entry and exit from canada? like find proof he came during the timeswe no longer have flight receipts?

 

[Msafiri]

Its best to keep your own records of entries and exits to Canada. Ask for a stamp if one is not palced on your passport by the CBSA agent...unless you are say using Nexus lanes.

CBSA will provide records of your entry if you make an ATIP request. Link below has the details.

http://cbsa-asfc.gc.ca/agency-agence/reports-rapports/pia-efvp/atip-aiprp/menu-eng.html

Your husband does not have to remain in Canada while waiting for the appeal to be listed but if it turns out he miscalculated his days then the absence woul not help with Humanitarian and Compassionate aspect of the appeal. By the way if he is missing passport stamps then its difficult to account for his presence in Canada...what else did he submit as proof of his presence in Canada?

 

[Chinapeach]

he has like 3 stamps.. They never stamped him.. It never occured to us to keep documentation of travels, especially me cause it's not my issue so i wasn't concerned with it, nor do i, or did i know any of the rules other then my obligations as a sponsor.

I don't know what he sent them.. he keeps changing his story.. but thats the issue i'm finding out is there wasn't much to back up his dates cause he has nothing.

He said he guessed some dates the best he could cause he only had entry. or exit stamps. We had some e-mail confirmation when booking Air CAnada but when he went through an Agency in China sometimes ther ewas no paper to follow just a print out of his ittinerary.

I looked thos ATIP request.. But they all say "you are present in Canada"? He isn't.. he's in China and get here.

But even with entries.. there is no proof how long he was here.

 

[steaky]

Don't you guys collect airline mileage points? If so, you can clearly know the arrival and departure dates between the two countries.

BTW, when you said he did complete 972 days with you outside the country or in Canada within the last 5 years, what proof did you submit to CIC about the days he is accompanying you outside Canada? Was it merely passport stamps or flight records? I'm still trying to figure out what solid proofs may be consider to show the PR was accompanying her Canadian spouse while outside Canada.