WHO HAS THE AUTHORITY TO REVOCE PERMANENT RESIDENCY

[bruce1]

Hi there,
I know if someone is out of Canada and has not fulfill the residency obligation could apply for a travel documents in order to get back to Canada. My question is this: can visa office receiving travel document application reject the application AND revoke the residency or visa office could only reject the application and only court of tribunal has the authority to revoke the residency? Meaning if the travel document application is rejected by the visa office and however the applicant could secure a visitor visa, they could still come to Canada and try to get the permanent residency card renewed.

 

[scylla]

No - it can't work this way. You can't get a TRV (visitor visa) unless you officially give up your PR status first.

 

[bruce1]

Ok, now can visa office revoke the residency or only court could revoke the residency?

 

[scylla]

If you apply for a travel document, that travel document is refused for failing to meet the residency requirement and you don't appeal - your PR status will be gone.

 

[Leon]

Ideally you should simply meet the RO and then not have anything to worry about. However, if you already don't and you apply for a PR TD and this is denied, you can appeal and apply for a 2nd PR TD in order to attend your appeal hearing in Canada. If you were in Canada at least 1 time in the previous 365 days, they would have to allow you to attend. I am not sure of the process to revoke your PR or the timeline but I know if you instead of applying for a PR TD enter from the US by land and get reported there and appeal that, the appeal processing can take 1-2 years. I am not sure if it's different or faster if you lose your PR after appealing a travel document.

However, if you don't meet the RO and you don't have any good reasons for not meeting it, you will lose your appeal anyway and lose your PR in the end, even if it takes a long time.

 

[bruce1]

So travel document rejection automatically will revoke the residency and we have to appeal it. So the applicant does not have to be in Canada to appeal, right?

 

[Bs65]

So travel document rejection automatically will revoke the residency and we have to appeal it. So the applicant does not have to be in Canada to appeal, right?

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

Plenty of info with a google search

 

[bruce1]

Thanks Bs65, that answers all my questions,

 

[bruce1]

Hello, if an appeal is granted and applicant comes to Canada, then they must stay for 2 years in order to get the PR card? Or if the case is strong the applicant could get PR card renewed without being in Canada for 2 years?

 

[Rob_TO]

Hello, if an appeal is granted and applicant comes to Canada, then they must stay for 2 years in order to get the PR card? Or if the case is strong the applicant could get PR card renewed without being in Canada for 2 years?

Any PR has the right to appeal. If PR TD is rejected and an appeal is lodged, then if the PR comes back to Canada to wait for appeal there is no more "2-year" rule to bother with.
If the appeal is won, you get to keep PR status and can then immediately apply to renew full PR card (not just 1-year temporary cards).
If the appeal is lost, you lose PR status no matter how long you've been in Canada waiting. Some people wait over 2 years inside Canada for appeal date but still lose their PR status after losing the appeal.

 

[Leon]

Hello, if an appeal is granted and applicant comes to Canada, then they must stay for 2 years in order to get the PR card? Or if the case is strong the applicant could get PR card renewed without being in Canada for 2 years?

While you are under an appeal, you can renew your PR card for one year at a time. If you win your appeal, you can renew it for a 5 year period. However, keep in mind that having won the appeal excuses your not meeting the RO in the past but not for the future. That means for example that you won your appeal, you renewed your PR card, you did not stay for 2 years. You now leave Canada again. Something bad happens to your PR card, lost, stolen etc. You are in the position again of being outside Canada and having to apply for a travel document again, they could deny you again, you could appeal again and this time you might lose if your reasons for absence are not as good as they were in the past. Same even if nothing bad happens to your PR card but you re-enter Canada again with your new PR card after an absence. The immigration officer can question you about meeting the residency obligation and can decide to report you on entry.

As for if you lose your appeal, time spent in Canada while you are under an appeal does not count towards the residency obligation unless you win. If you lose, even if you spent two years, you would not have the right to get a PR card based on that.

Time spent in Canada during the appeal processing may however help your case if immigration is on the fence whether they should let you keep your PR or not. That is, they may be swayed towards letting you keep it if you are well settled in Canada, house, car, steady job, active in your community etc.

 

[bruce1]

Thanks Leon,