what to do next, renewal denied.
- Thread starter Chinapeach
- Start date
Ya apparently.. He just send the dates written as he found or thought they were ( in cases where he couldn't find the exact date) and sent all pages of both our passports.. he didn't send any flight receipts or anythign like thatsteaky said:
( i'm not going to talk about how stupid this all is because the more i ask him the most annoyed i'm at him over all this, but regardless i need help outta the pickle now)
As for the aeroplan miles.. i looked there yesterday when i thought of that there was only 2011-12 listed on the website i'm not sure they keep records but i can't call for him and i'm not sure he can call from China.
He has entry stamps into China so on the basis that he only travelled between China and Canada then days in Canada would correspond to the period between an entry stamp into Canada and an entry stamp into China. How did you get the 972 days in your initial post? How many days did the visa post calculate he had in the 5 years prior to his TD application?steaky said:
Did your husband ay any time in Canada during the 5 years in question:
1. Go for any medical services - doctor, hospital, lab work, dentist, Optician? Get receipts and a record of billing from the provincial health authority e.g. OHIP if you are in Ontario - go their site on how to do this
2. Attend a gym - get a letter from the gym.
3. Go to a place of worship - church, temple, mosque etc - get a letter from the relevant worship body e.g priest, rabbi etc
4. Did he open any bank accounts that required his presence in Canada? - show copy of the opening documents with dates and signature.
5. Did he obtain or renew his driver licence - get an abstract and receipts.
These things on their own are not conclusive but together will help build a picture of his presence.
If it helps I work for airmiles also a reward program like aeroplane n I am working as a travel agent there so have little bit more knowledge then normal customer service rep. U can access his account if you have a pin or can validate I mean can provide details like his d.o.b n last transaction n stuff. as far as I know airmiles is little tough in giving access but,thts the procedure n aeroplane have almost the same procedure. However, records on files are normally till last yr. For example till 2010 dec at the max. U can talk,to supervisor once they give you access to account as supervisors have more authority n access n might be able to give records after 1_2yrs. But still its not that strong a prove becoz anyone can collect airmiles or,aeroplane on his behalf just need a supplementary card. So try to get something like flight records or even if u used aeroplane for travel purposes then yhey also have receipt or copy of your redemption. Plus any doctor visits, etc best of luck
@ Chinapeach
I'm sure he can phone aeroplan from China. They have a contact office in Hong Kong (852.2867.8111 9:00 a.m. to 5:30 p.m. Mon-Fri). I used to make phone calls to Hong Kong from China. Did he save his aeroplan statements?
@ Msafiri
I'm not sure if the husband has all the entry stamps into China because my father in law didn't had his when he returned to China from Canada last month. But even if he had, it doesn't really show if OP and her husband are living together in China towards their days for counting PR obligation. Chinapeach said 972 days in his original post (read that)! I think you are asking Chinapeach those questions 1 to 5.
I'm sure he can phone aeroplan from China. They have a contact office in Hong Kong (852.2867.8111 9:00 a.m. to 5:30 p.m. Mon-Fri). I used to make phone calls to Hong Kong from China. Did he save his aeroplan statements?
@ Msafiri
I'm not sure if the husband has all the entry stamps into China because my father in law didn't had his when he returned to China from Canada last month. But even if he had, it doesn't really show if OP and her husband are living together in China towards their days for counting PR obligation. Chinapeach said 972 days in his original post (read that)! I think you are asking Chinapeach those questions 1 to 5.
Just to add one more thing cbsa dont have record for exit because they dont stamp your passport on exit n the country or on arrival forexample toronto to china flight. China have to do entry stamo which is,a proof that,you entered n same,way toronto will do the entry stamp one you enter. But if you paid,with credit card or through any reward program like aeroplane you will have the proof that you left canada on particula date if you don't have boarding passes or ticket
But I suppose the airlines will provide the flight manifest to both departing and arriving countries (in this case, China and Canada), so CBSA should have the information. Besides both China and Canada border officers sometimes did not stamp traveler's passport upon entry.farid- said:
1. I was asking how they calculated the 972 days being declaredsteaky said:
.2. China has an entry/exit bureau so the husband can obtain the relevant entry/exit data.
3. Under Chinese Immigration law the Canadian spouse is required to register their presence in China at each entry to include details of an address. If this address is the same as that of the spouse through official records e.g hydro bills, lease, mortgage etc. then it helps the 'we were together in China' aspect.
How he came up with the amount of days was based on the passport stamps that we did have, the flight receipts we did find and a educated guess on his part. ( Some times we had entry stamp no exit stamp)
He leaves China alot so once we have the entry to CAnada dates we should be able to match them with entry to China stamps , so we have precise dates
When i flew to China I always put his number but sometimes i didn't have his address so i just put something. So no proof there.. I have pictures of me with his family from each trip with teh kids ( i mean they are young enough that you can kinda tell their age). When i got pregnant in China that pretty much in my view good valadation we were living together.. We lived together for 4 months i got pregnant 20 days after arriving or so.. Then i left back to Canada. Then when that baby was 5 months old i returned to China stayed 5 months got pregnant 3 days before coming home to Canada ( had my son 9 months later)
All the bills are in his name or his parents name in CHina and in Canada they are all in my name other then the house we own which is in both our names.
He did get a drivers license but failed his G2 the last time he was here so it's now expired.
He never got OHIP.. BUt he did slice open his finger and we had to pay the bill.
He does have a social insurance number
He does have a fishing license 2 years in a row
He didn't open any bank account here
When he went to the gym he came with me.. and the guy was nice enough to let him use it for free when he did come.. Often he was so jetlagged he couldn't come.
The tickets he paid cash through an agency are the ones we have no way of tracking..
He leaves China alot so once we have the entry to CAnada dates we should be able to match them with entry to China stamps , so we have precise dates
When i flew to China I always put his number but sometimes i didn't have his address so i just put something. So no proof there.. I have pictures of me with his family from each trip with teh kids ( i mean they are young enough that you can kinda tell their age). When i got pregnant in China that pretty much in my view good valadation we were living together.. We lived together for 4 months i got pregnant 20 days after arriving or so.. Then i left back to Canada. Then when that baby was 5 months old i returned to China stayed 5 months got pregnant 3 days before coming home to Canada ( had my son 9 months later)
All the bills are in his name or his parents name in CHina and in Canada they are all in my name other then the house we own which is in both our names.
He did get a drivers license but failed his G2 the last time he was here so it's now expired.
He never got OHIP.. BUt he did slice open his finger and we had to pay the bill.
He does have a social insurance number
He does have a fishing license 2 years in a row
He didn't open any bank account here
When he went to the gym he came with me.. and the guy was nice enough to let him use it for free when he did come.. Often he was so jetlagged he couldn't come.
The tickets he paid cash through an agency are the ones we have no way of tracking..
If my husband gives up his right to appeal by signing the papers they sent him . Can he now come on a visa to visit Canada.I know when we got married he HAD to immigrate to come even if he didn't want to live here. there was no other way to visit Canada once he got married to me other then a PR card.
When i called immigration they told me he can apply for a visa, but i'm suspicious anyone know forsure?
Are we pretty much being told it doesn't look like he wants to live here so forget the PR card and now we will let you come on a reg visa? Or if we don't win this appeal we should pretty much divorce cause we'll never see eachother again?
When i called immigration they told me he can apply for a visa, but i'm suspicious anyone know forsure?
Are we pretty much being told it doesn't look like he wants to live here so forget the PR card and now we will let you come on a reg visa? Or if we don't win this appeal we should pretty much divorce cause we'll never see eachother again?
I don't think Msafiri was referring to the declaration card we received in the plane. Instead I am guessing going to the local security bureau office for registration the Canadian presence in China. Anyways, from my experience, this is not compulsory (contradictory to what Msafiri had said).Chinapeach said:
I know a person in China having the exact intention like your husband who also does not want to live in Canada and wish to relinquish of his Canadian PR for a 10 year multi visitor visa. He said it's possible but I couldn't find anything related in the CIC website.
Well, the worst situation is, you can always live with him in China (although food safety is a concern in China - last week was chicken at KFC & Mcdonald's and now plastic container contamination in soy sauce and drinks).
The CBSA entry data is a starting point for the days in Canada calculation...from this you then look at various entry/exits into other destination/s to determine your exit from Canada so I'm not sure what your point is exactly.steaky said:
I'll let you do some leg work..go to the exit/entry bureau site. It details the registration requirements and that visitor visa issuance for the Canadian spouse requires a paper trail from the Chinese sponsor i.e the husband detailing addresses so I'm surprised he never included this in the TD document. I concede its likely semantics on immigration law/ authorities but I guess the final authority is their equivalence to the IRPA and regs.steaky said:
He can voluntarily relinquish PR then apply for a visitors visa. He may or may not get the visa depending on him satisfying the visa post he will not remain in Canada beyond the visa duration. On paper that he has been outside Canada to the extent of PR loss would IMHO be an indicator that he really has no intention or desire to live in Canada.Chinapeach said:
Why do you have to divorce? Did you not discuss where you would live when getting married? Are you agreeable to living in China? You need to resolve this 'where to live' factor because even if you sponsor him again you will be having the same issue at PR Card renewal 5-7 years from now. PR status is not a glorified visitors visa is the message from CIC and the Federal Court based on case law.
You can meet in a third country so not sure what you mean you will never see each other again. He can enter Canada via a land border with the US (needs a US visa) - CBSA will just give him a hard time but they will let him in. He can do this until appeal is decided. He should try and collect his PR card and see what happens.
There are multiple example of officials letting immigration laws/rules/practices etc slide...an example is that of PRs from visa exempt countries or non visa exempt (via land border) with expired PR cards turning up at a POE and CBSA either not verifying they have met the residence obligation or being aware they haven't met the RO and still admitting them without reporting this. It doesn't mean that meeting the RO is not compulsory at entry now does it?steaky said:
Yes, but the husband might not had all his exit/entry stamps in his Chinese passport or flight records to indicate when he exited Canada. And then the husband also entry/exit China a lot. Each destination might not be Canada. So the husband might had a hard time to calculate how long he's been out of the Canada / not accompanying his Canadian wife.Msafiri said:
Right. That was similar to what I suggested earlier. The husband should try to this route.Msafiri said:
I'm talking about China (not Canada). Since it is not compulsory, I'm not surprised he never include the paper trail in the TD document.Msafiri said: